What about the ownership of property after marriage? Who the property belongs to after marriage

1.Matrimonial purchases, regardless of the record of the title certificate, are generally recognized as the joint property of the husband and wife; If it is recorded in the name of the parents, and they live together, and each member contributes a corresponding share, it can be considered the joint property of the family, and if there is no evidence of the corresponding share, it can be considered the property of the parents;

In the event of the death of one of the parents, the ownership of the property (which is considered the property of the parents) is considered inheritance under the inheritance law, unless the parents expressly state that the property will be inherited by one of the parents, and the inherited property shall be jointly owned by the husband and wife.

Generally, it belongs to the joint property of the husband and wife, unless the immovable property purchased for the child by one of the parents at the expense of one of the parents, and the property right is registered in the name of the child, which is regarded as a gift to the child of one party and belongs to the personal property of one party.

If it is bought during the marriage, of course, it is considered the joint property of the husband and wife, but you can keep the relevant evidence, that is, to prove that the house has nothing to do with the man, and it was bought by the woman's parents, so that you don't have to worry about being divided.

As long as you keep the proof of the down payment and the proof of repayment can prove that they are all funded by your parents, even if the property is divided in the future, it will belong to you alone, of course, and I hope that your marriage is happy Don't have this worry.

In this case, although you are husband and wife, the house belongs to your wife, and you have no share, because the name is only your wife's name, and there are procedures from the down payment to the repayment of the loan, which proves that the house is a gift from your parents-in-law to your daughter, and it has nothing to do with you.

1. This is a gift from the parents and does not belong to the joint property of the husband and wife (unless otherwise agreed).

2. It does not belong to, if it is a self-built house, it generally belongs to the first house when buying a house.

The house that your parents buy for you, and then your parents repay the loan, and then write your daughter's name, then the house belongs to your daughter, and has nothing to do with anyone else, let alone the joint property of the husband and wife.

First of all, marital property is the joint property of the husband and wife.

1.In your case, it is the joint property of the husband and wife.

2.One and a half.

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After the husband and wife get married, the husband or the woman's parents pay for the purchase of the house and repay the loan, and the name of the son or daughter is written on the real estate certificate, which is regarded as a gift to the son or daughter, and belongs to the personal property of the son or daughter, not the joint property of the husband and wife.

Article 7 of the Judicial Interpretation III of the Marriage Law reads: "If the immovable property purchased by one of the parents for the child after marriage is registered in the name of the investor's child, it may be regarded as a gift to only one of the children in accordance with the provisions of Article 18 (3) of the Marriage Law, and the immovable property shall be recognized as the personal property of one of the husband and wife."

To sum up, the purchase of a house after marriage can become a personal property of one party in two situations:

1. After marriage, parents pay for the purchase of a house and register the name of their son (or daughter), which can become personal property;

2. After marriage, the husband and wife agreement stipulates that their respective income and family expenses are AA system, and the real estate in which one party contributes to buy a house and registers his or her name is personal property.

A situation in which the property is joint property of the husband and wife after marriage.

If the down payment is saved by the husband and wife, and the parents of both parties fund the purchase, the husband and wife will jointly repay the loan after the marriage. The title certificate writes the names of the husband and wife, and if they divorce in the future, the woman must have half of the property rights. If the man's salary is used to repay the loan (the man has a provident fund) and the woman's salary is used to pay for the family's expenses, the law recognises that the loan is repaid jointly by both parties.

As long as it is the economic income after marriage, no matter which one of them is, even if the other party has no job and no income, it belongs to the joint income and joint property of the husband and wife.

Where the immovable property purchased by both parents is registered in the name of one of the children, the immovable property may be deemed to be jointly owned by both parties in accordance with the respective parents' share of the capital contribution, unless otherwise agreed by the parties. "After marriage, one or both of the husband and wife contribute to the purchase of a house, and the real estate certificate has only one person's name, in which case the property is the joint property of the husband and wife, and the two parties shall divide it equally in the event of divorce.

Ownership of the increased value of the property after marriage.

1. For a house purchased after marriage that belongs to the personal property of one party, if the two parties have renovated, maintained and managed the house during the period when the husband and wife live together, resulting in the appreciation of the house, then, according to the theory of "addition" in the civil law, the value-added part of the house shall belong to the husband and wife jointly.

2. For the house purchased after marriage that belongs to the personal property of one party, if during the period when the husband and wife live together, the real estate ** changes and the land price appreciates, resulting in the increase in the value of the house, then, according to the principle of investment risk and benefit, the value-added part should belong to the original husband or wife.

Tags: marital property ownership marital property matrimonial law.

Legal analysis: According to the relevant regulations of China, real estate is obtained by both parties after registering their marriage, and should be the joint property of husband and wife. In the case of joint property of the husband and wife, the divorce shall be handled by agreement between the parties, and if the agreement is not reached, the court shall make a judgment according to the specific circumstances of the property and with reference to the principle of taking care of the rights and interests of the children and the wife.

Legal basis: Article 133 of the Criminal Law of the People's Republic of China Whoever violates the regulations on the administration of transportation and thus causes a major accident, causing serious injury or death to a person or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

The Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents stipulates that a person who causes a traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention under any of the following circumstances:

1) Where one person is killed or three or more persons are seriously injured, and the person bears full or primary responsibility for the accident;

2) Where three or more people are killed, they bear equal responsibility for the accident;

3) Causing direct damage to public property or other people's property, bearing full or primary responsibility for the accident, and being unable to compensate the amount of 300,000 yuan or more.

Where a traffic accident causes serious injury to one or more persons, and bears all or the main responsibility for the accident, and has any of the following circumstances, it is to be convicted and punished as the crime of causing a traffic accident:

1) Driving a motor vehicle after drinking or taking drugs;

2) Driving a motor vehicle without driving qualifications;

3) Knowingly driving a motor vehicle with incomplete equipment or malfunctioning safety components;

4) Knowingly driving a motor vehicle that is unlicensed or has been scrapped;

5) Driving with serious overload;

If the marital property is purchased with the joint property of the husband and wife, the house is jointly owned by the husband and wife; If the house is purchased by one of the parents after marriage, it is clearly stated that it is only given to one party and is owned by one party alone.

[Legal basis].Article 1062 of the Civil Code of the People's Republic of China.

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) 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) The property that shall be jointly owned by him.

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

How to confirm which party the property purchased after marriage belongs to:

1. If it is purchased for the personal property of one party, it shall belong to the purchaser, unless otherwise agreed by the parties;

2. If it is purchased for the public property of both parties, it shall belong to the joint ownership of both parties, unless otherwise agreed by the parties;

3. If the real estate is donated by the parents of both parties, unless otherwise agreed, it shall be deemed to be jointly owned by the husband and wife.

[Legal basis].Article 1062 of the Civil Code of the People's Republic of China.

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) 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.

Article 1063.

The following property is the personal property of one of the spouses:

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

2) Compensation or compensation received by one party for personal injury caused by delay;

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.

The marital property of the husband and wife refers to the salary, bonus, remuneration for labor services, investment income from production and operation, intellectual property income and inheritance or donation of the husband and wife during the existence of the husband and wife relationship. The house purchased with these properties is considered marital property and is jointly owned by the husband and wife.

[Legal basis].Article 1062 of the Civil Code of the People's Republic of China The following property acquired by a 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) 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.

Article 1063.

The following property is the personal property of one of the spouses:

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

2) Compensation or compensation received by one party for personal injury;

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.

A house bought after marriage, if the house was purchased with the joint property of the husband and wife, is jointly owned by the husband and wife; If the house is purchased by one of the parents after marriage, it is clearly stated that it is only given to one party and is owned by one party alone.

[Legal basis].Article 1062 of the Civil Code of the People's Republic of China.

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) Wages, bonuses, and remuneration for labor services;

2) the income from production, operation, and investment and balance code financing;

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.

Legal analysis: The ownership of the property purchased after marriage is divided as follows: after the marriage, one party pays the full amount or down payment, bears the subsequent loan and registers it in the name of one party, and the house is owned by one party alone; If one party pays the full amount in the name of the other party after the marriage and the loan is jointly repaid by the husband and wife after the marriage, the house shall be jointly owned by 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 is 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.

Husbands and wives have equal rights to dispose of joint property.

Legal analysis: The property purchased after marriage generally belongs to the joint property of the husband and wife and is jointly owned by the husband and wife. However, if the house is purchased for the biological child by one of the parents after marriage, and the property right is registered in the name of the investor's biological child, it shall be regarded as a gift only to one of the biological children.

In the event of a divorce, the other party does not have the right to claim a partition.

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 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.

Hello, your reply to your question is as follows:

The registration of the names of the husband and wife after the marriage depends on whether the nature of the property rights is shared by shares or co-ownership, and the co-ownership is the proportion of the property rights agreed by both parties, and the joint ownership is the share of 50% of each party;

When buying a house, whether the 300,000 yuan paid by the husband is the joint property of the husband and wife, and if it is joint property, the part is treated as the joint property of the husband and wife; The purchase price of 600,000 yuan from the husband's parents can be presumed to be a gift or loan; The man's parents can determine the specific object of the gift, for example, only determine that the 600,000 yuan purchase price is only given to the man, and the woman cannot obtain the right to divide the property when the marriage changes;

In addition, if the two parties want to determine the distribution of real estate, the man's parents need to write a letter of commitment, promising that the purchase price of 600,000 yuan will be given to the young couple, not a specially designated person; Otherwise, when the marriage changes, the man can cross-examine that the purchase price of 600,000 yuan belongs to the parents, not the joint property of the husband and wife, which can be found in the transaction records of the bank.

You can only reply to your question above, please continue to ask questions if you are not satisfied.