On the issue of the ownership of the matrimonial property and the name of the real estate certificat

According to the relevant provisions of China's current housing property management and marriage law, the date of defining the joint property of husband and wife is based on the date of marriage registration and the date of house property registration (that is, the date on the real estate certificate).

LZ did not say whether the marriage registration and title deed were now in place.

However, according to my speculation, if you get married in May, you should have already issued a marriage certificate by now, and since LZ asked, then the real estate certificate should not have been processed.

As mentioned above, regardless of the name on the purchase invoice or the title deed, and regardless of the amount of capital contributed by each party to the property (even if one party does not contribute), then the property is considered to be the joint property of your husband and wife, and in principle, it is half of one person.

As for whether the provident fund is withdrawn or not, it depends on the name in which the property is loaned. Because under normal circumstances, the provident fund can only be used to withdraw when I take out a loan to buy a house, and cannot be diverted for other purposes.

If the mortgage was previously repaid by one party, the other party's provident fund cannot be withdrawn after the marriage;

If the house has been paid in full, then the provident fund of both parties cannot be withdrawn because the purchase of the house has ended;

If only one party was the repayer, then now you can go to the provident fund management center where the house is located to go through the procedures for changing the loan with your ID card, real estate certificate and other relevant certificates, and add the other party as the real estate loan repayment, so that the husband and wife can use the provident fund to repay the loan together;

If the "withdrawal" mentioned by LZ is not used to buy a house and repay the loan, but to withdraw cash for other consumption purposes, then it is generally not possible.

Why do you say "average"? That said, it's still okay. At present, some local provident fund management centers have issued some more humane regulations, that is, if there is a decoration or a family member suffering from a major illness, you can withdraw the provident fund in your personal account in cash with relevant certificates.

In fact, there are many differences in the provident fund management regulations in each place, and I suggest that it is best to go to the local provident fund management center to consult the relevant policies in detail.

However, there is no doubt about the definition of whether the property is the joint property of the husband and wife, and this is the case throughout the country.

The official invoice for the down payment is written in my name. "Don't have a title deed yet? In the future, the title deed can write the names of both husband and wife, as long as you agree. Writing the names of two people is the property of both husband and wife. Whoever the housing public ** belongs to.

1. If your name is added to the property ownership deed, the house belongs to both of you.

Now buying a house is required by the mother-in-law to get married, and it is the best choice to register the names of two people on the real estate certificate before marriage for the sake of marriage harmony and the satisfaction of the mother-in-law. In this way, both parties are guaranteed in the future division of property, marriage is about a sense of trust and security, as long as both parties give each other enough trust and security, then the shelf life of the marriage will be extended indefinitely, if the real filial piety can not go on, you can also leave a way back for yourself, and your legitimate rights and interests can also be safeguarded.

2. The house with the ownership of the house under the new marriage law** or the newly purchased property after the demolition:

1. If there is only your boyfriend's name on the real estate certificate at the time, under normal circumstances, the price obtained by ** is still his personal property, and the second house bought with this money is, of course, his personal property. However, if you have evidence that you also contributed capital when you bought the house, the proceeds of the property will be divided between you and you according to the amount of capital contributed at the time of purchase. Since the house is paid in full, there is no question of repaying the loan.

2. If your name is added to the property certificate, it is a joint property, and the second house bought with the price of ** or demolition is also a joint property.

3. The house purchased by the parents of the ownership of the house under the new marriage law:

It is clarified that after marriage, if one of the parents contributes funds to purchase immovable property for their children, and the property rights are registered in the name of their children, it shall be recognized as the personal property of one of the spouses. Judging from the feedback from the public consultation on the Interpretation of the Marriage Law (III), the parents of the man or the woman who are the funders have expressed their concern that they are worried about the loss of family assets due to the divorce of their children.

In practice, parents often pour all their savings into the marriage and purchase of a house for their children, and generally do not sign a written agreement with their children, and if the house is recognized as the joint property of the husband and wife at the time of divorce, it is bound to violate the original intention and will of the parents to buy the house for their children, and in fact it also infringes on the interests of the parents who contribute to the purchase of the house.

Therefore, if the property right is registered in the name of the parents and children who contributed to the purchase of the house, it is more reasonable to regard it as a gift from the parents to their children only, and most people agree with this in their feedback, believing that this treatment takes into account China's national conditions and social common sense, and is conducive to the resolution of disputes. If the parents of both parties contribute to the purchase of immovable property, and the property rights are registered in the name of one of the children, they shall be jointly owned according to the share of the capital contribution of both parents, which is more in line with the actual situation.

According to the provisions, if a house is rented by one party before marriage and purchased with joint property after marriage, and the house ownership certificate is registered in the name of Yichun Hefang, it shall be recognized as the joint property of the husband and wife. When the parties cannot reach an agreement on the value and ownership of the house in the joint property of the husband and wife, the people's court shall handle it separately according to the following circumstances:

1) If both parties claim the ownership of the house and agree to obtain it through bidding, it shall be permitted.

2) If one party claims the ownership of the house, the appraisal agency shall evaluate the house according to the market, and the party that obtains the ownership of the house shall give the other party corresponding compensation.

3) If neither party claims ownership of the house, the house is auctioned according to the application of the parties, and the proceeds are divided and the proceeds are divided, and if the parties have a dispute over the house that has not yet obtained ownership or full ownership at the time of divorce and the negotiation fails, the people's court should not make a judgment on the ownership of the house, and shall make a judgment on the use of the house by the parties according to the actual situation. After the parties have fully obtained the ownership of the house in accordance with the regulations, if there is a dispute, they may separately file a lawsuit with the people's court. If, before the parties get married, the parents contributed to the purchase of a house for both parties, the contribution shall be deemed to be a personal gift to their children, unless the parents expressly express the gift to both parties.

Pre-marital property refers to property acquired by one of the spouses before the marriage. The pre-marital property of one of the spouses, whether movable or immovable, tangible or non-contemporary, is protected by law as long as it is lawfully acquired. The key to determining whether it is a pre-marital property is that the property was acquired before the marriage.

If the property was acquired before the marriage, even if the property was actually in possession after the marriage, the property is also personal property before the marriage. For example, if one of the spouses accepts the inheritance before the marriage, and the estate is divided after the marriage, although the inheritance is actually obtained after the marriage, its ownership has been acquired before the marriage, so it should be recognized as the property of one party before the marriage. In addition, the pre-marital property of one of the spouses is not converted into joint property by virtue of the continuation of the marital relationship.

Legal basis

Article 1087 of the Civil Code of the People's Republic of China In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party. The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

If one of the spouses signs a contract for the sale and purchase of immovable property before marriage, pays the down payment with personal property and takes out a bank loan, and the immovable property is registered in the name of the party paying the down payment after marriage, the immovable property may be recognized as the personal property of the owner of the immovable property at the time of divorce, and the part of the loan that has not yet been repaid shall be the personal debts of the person with the right to immovable property. Where before marriage or during the existence of the marital relationship, the two parties agree to donate the real estate owned by one party to the other party, and one party revokes the gift before the transfer of the right to donate the real estate, and the other party requests an order to continue performance, the people's court will not support it, except where notarization has already been completed. If the immovable property purchased by one of the parents after marriage is registered in the name of the investor's child, it may be regarded as a gift to one of the children, and the immovable property shall be deemed to be the personal property of one of the spouses.

Where the property rights of immovable property purchased by both parents are registered in the name of one party, it may be determined that the immovable property is jointly owned by both parents in accordance with their share of capital contribution, unless there is evidence to prove that it was donated to one party.

Civil Code of the People's Republic of China

Article 1087.

In the event of a divorce, the joint property of the husband and wife shall be disposed of by mutual agreement;

If the agreement is not reached, the people's court shall make a judgment in accordance with the principle of taking care of the rights and interests of the children, the woman and the innocent party according to the specific circumstances of the property. The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

Civil Code of the People's Republic of China

Article 1088.

If one of the spouses bears more obligations due to raising children, taking care of the elderly, assisting the other party in work, etc., he or she has the right to request compensation from the other party at the time of divorce, and the other party shall give compensation. The specific measures shall be agreed upon by both parties;

If the agreement is not reached, the people's court shall make a judgment.