Does buying a house after marriage and writing the name of one party belong to the joint property of

Updated on society 2024-03-21
13 answers
  1. Anonymous users2024-02-07

    If you buy a house after marriage, write the name of one party, but it belongs to the house purchased by both parties with joint funds, and it belongs to the joint property of the husband and wife.

    According to Article 1062 of the Civil Code of the People's Republic of China, the following property acquired by husband and wife during the existence of the marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife

    1) Wages, bonuses, and remuneration for labor services;

    2) Income from production, operation and investment;

    3) income from intellectual property rights;

    4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law;

    5) Other property that shall be jointly owned.

    Husband and wife have equal rights to dispose of joint property.

  2. Anonymous users2024-02-06

    After marriage, if both husband and wife contribute to buy a house, and the real estate certificate is registered in the name of one party, it belongs to the joint property of the husband and wife.

    Article 17 of the Marriage Law The following property acquired by husband and wife during the existence of the marital relationship shall be jointly owned by the husband and wife:

    1) Wages and bonuses;

    2) the income from production and operation;

    3) income from intellectual property rights;

    4) Property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law;

    5) Other property that shall be jointly owned.

    Husbands and wives have equal rights to dispose of jointly owned property.

  3. Anonymous users2024-02-05

    First, the time limit. That is, the income from labor, production and operation, investment, intellectual property rights, inheritance and gift, and other legal income during the entire period of the marriage relationship from the receipt of the marriage certificate to the dissolution of the marital relationship are the joint property of the husband and wife. Even if the two parties do not live together or live separately, regardless of whether the property is managed and used by one party or both parties separately, as long as it is the property acquired after marriage, it is the joint property of the husband and wife, such as wages and bonuses, which is the most temporal.

    Second, the vested interest in property that is limited to the realm of ownership. That is, tangible in-kind, cash, and foreseeable earnings.

    That is to say, as long as all the property is during the duration of the marriage, the income and so on belong to the joint property of the husband and wife without special agreement, and the real estate is of course counted.

  4. Anonymous users2024-02-04

    The down payment part has to be found, and if it can't be proven, it can only be recognized as the joint property of the husband and wife.

  5. Anonymous users2024-02-03

    Hello 1. For pre-marital real estate, it depends on whether the house purchase contract and the real estate certificate registrant are two names. Yes, the house belongs to the pre-marital co-ownership, and there is no agreed share premise, half of the family.

    If the registrant is in the name of one party, then the property right of the house belongs to the registrant's personal property before marriage, belongs to him alone, and has nothing to do with the other party! But if the other party has a proof of contribution, then he has a claim against the housing registrant and can claim it!

    After marriage, no matter who repays the loan between the two people, the money used belongs to the joint property after marriage, half of the rights and interests of the family, and since the repayment of the loan after marriage, the rights and interests of the value-added part of the house are also half of the family.

    2.Buying a house after marriage without a special written agreement in advance, regardless of whose name the registrant is. The house is all joint property after marriage, half of the family.

    The above is a specific explanation of the new Marriage Law.

  6. Anonymous users2024-02-02

    Belong because you have a divorce certificate.

  7. Anonymous users2024-02-01

    When buying a house after marriage, does only writing the name of one party belong to the joint property of the husband and wife?

  8. Anonymous users2024-01-31

    Legal analysis: Buying a house after marriage and writing the name of one party is the joint property of the husband and wife. The following property acquired by the husband and wife during the marriage relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife:

    1) Remuneration for wages, bonuses and other labor services; (2) Empty income from production, operation, or investment; 3) income from intellectual property rights; (4) Inherited or donated property; 5) Other property that shall be jointly owned.

    Legal basis: Civil Code of the People's Republic of China

    Article 1062 The following property acquired by husband and wife during the existence of their marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife

    1) Remuneration for wages, bonuses and other labor services;

    2) Income from production, operation and investment;

    3) income from intellectual property rights;

    4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law;

    5) Other property that shall be jointly owned.

    Husband and wife have equal rights to dispose of joint property.

    Article 1063:The following property is the personal property of the husband and wife:

    1) the pre-marital property of one of the parties;

    2) Compensation and compensation received by one party for personal injury caused by the loss of the party;

    3) Property that is determined in a will or gift contract to belong to only one party;

    4) Daily necessities for the exclusive use of one side;

    5) Other property that shall belong to one side.

  9. Anonymous users2024-01-30

    Legal analysis: whether buying a house after marriage and writing the name of one party is the joint property of the husband and wife depends on the situation. If it is purchased by a party with its personal property, it is personal property. If it is purchased with the property jointly owned by the husband and wife, even if only one person is registered in the name, it is still the joint property of the husband and wife.

    Legal basis: Article 1062 of the Civil Code of the People's Republic of China The following property acquired by husband and wife during the existence of the marital relationship is the joint property of the husband and wife and shall be jointly owned by the husband and wife

    1) Rental inspection wages, bonuses, and remuneration for labor services;

    2) Income from production, operation and investment;

    3) income from intellectual property rights;

    4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law;

    5) Other property that shall be owned by the first person in the common trace.

  10. Anonymous users2024-01-29

    1. If the house purchased during the marriage of the husband and wife and the survival of the husband and wife is not expressly agreed, only the name of one of them is written on the real estate certificate, and it shall be recognized as the joint property of the husband and wife.

    2. If the immovable property purchased by the parents of both parties is registered in the name of one of the children, the immovable property may be deemed to be jointly owned by both parties according to the share of their respective parents' contributions, unless otherwise agreed by the parties.

  11. Anonymous users2024-01-28

    If the property was purchased after marriage, it should be recognized as the joint property of both parties, regardless of which name it is registered in.

    According to Article 17 of the Marriage Law, the following property acquired by the husband and wife during the existence of the marital relationship shall be jointly owned by the husband and wife: (1) wages and bonuses; 2) the income from production and operation; 3) income from intellectual property rights; 4) Property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law; 5) Other property that shall be jointly owned. Husbands and wives have equal rights to dispose of jointly owned property.

  12. Anonymous users2024-01-27

    As long as it is after marriage, no matter who pays the money, no matter whose name is registered, the house is the joint property of the husband and wife.

  13. Anonymous users2024-01-26

    Yes, that's what the new marriage law says...

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