Is the house bought before marriage considered joint property?

Common legal knowledge: Is the house bought before marriage considered the joint property of the husband and wife?

Legal analysis: A house bought before marriage is considered pre-marital property. According to the laws of our country, the items acquired by one party before marriage or purchased with one's own personal property belong to one party's pre-marital personal property, so the house purchased by one party before marriage belongs to that party's pre-marital property.

Legal basis: Article 1046 of the Civil Code of the People's Republic of China Marriage shall be completely voluntary between a man and a woman, and it is forbidden for either party to force the other party or any organization or individual to interfere. Article 1047:The age of marriage shall not be earlier than 22 years for men and 20 years old for women.

Article 1048:Marriage is prohibited for lineal blood relatives or collateral blood relatives within three generations. Article 1049 A man and a woman who wish to marry shall apply for marriage registration in person at the marriage registration authority. Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued.

The marriage relationship is established after the marriage is registered. Where marriage registration has not been completed, the registration shall be re-registered. Article 1050:After marriage is registered, the woman may become a member of the man's family, and the man may become a member of the woman's family, in accordance with the agreement between the man and the woman.

Article 1051:Marriage is null and void in any of the following circumstances: (1) bigamy; (2) Have a family relationship that prohibits marriage; (3) They have not reached the legal age for marriage.

A house bought before marriage is not considered joint property after marriage.

Community property refers to property acquired during the normal existence of the marital relationship. The property owned by one of the spouses shall not be converted into the joint property of the husband and wife as a result of the continuation of the marital relationship.

Unless otherwise agreed by the parties, if one of the parents buys a house before marriage and gives it to the newlyweds, the house is considered joint property.

Not necessarily. If a house bought before marriage is purchased by one person, it is pre-marital property; If the two people contribute together, the joint repayment is the joint property of the husband and wife. If one person makes a down payment, registers it in his own name, and repays the loan jointly after marriage, the joint repayment of the loan and the corresponding appreciation part are the joint property of the husband and wife.

The pre-marital property of one of the spouses shall not be converted into the joint property of the husband and wife as a result of the continuation of the marital relationship. Unless otherwise agreed by the parties.

Legal basis

Article 1093 of the Civil Code stipulates that the following property shall be the personal property of one of the spouses: (1) the premarital property of one of the spouses; (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 party.

To analyze the specific situation, whether the premarital house is considered the joint property of the husband and wife, first of all, whether there is the name of the other half on the real estate certificate, if there is so, it is joint property.

Secondly, it depends on whether there is a special written agreement between the husband and wife in advance, and if there is an agreement, it shall be agreed, and if there is no agreement, it shall be in accordance with the law. The law stipulates that if the house was purchased by one of the parties before the marriage certificate was obtained and is registered in the name of that party, the property rights of the house belong to the personal property of the registrant before the marriage and belong to the individual.

Legal basis: The Marriage Law stipulates.

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

Article 18: In any of the following circumstances, it is the property of one of the husband and wife:

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

2) Medical expenses, living allowances for the disabled, and other expenses received by one party as a result of bodily injury;

3) Property that is determined in the will or gift contract to belong to only one of the husband or wife;

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

(5) Other property that shall belong to one party.

Husband and wife may stipulate that property acquired during the existence of the marital relationship and property before marriage shall be owned separately or jointly, or partly separately and partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is unclear, the provisions of articles 17 and 18 of this Law apply.

The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is binding on both parties.

No. The incumbent does not have the right to divide the property. The reason is that according to the Marriage Law, the method of interpretation of divorce property.

As long as the marriage lasts for more than 8 years, regardless of the way in which the man or the woman acquires the real estate, the property rights belong to the husband and wife who are in distress. If the marriage lasts for less than 8 years and more than half a year, part of the property rights shall be divided according to the actual number of years. This only means that the property is in the name of one of the spouses.

The key issue is that the property under the title deed is outside the couple. During the marriage, one spouse uses the joint property of the spouse to repay the mortgage loan for the other spouse. In the event of a divorce, the owner of the property is required to return the loan repayment amount, plus the increase in the value of the property, which will be divided between the husband and wife.

Therefore, in the event of a divorce, the current person has no right to divide the property. However, the retrofit can claim the mortgage and the appreciation of the property.

There is no right to divide because it is not your husband's name.

Usually according to the law, whoever owns the real estate certificate is whom, but when it comes to the blind to the property, the following questions should be clarified:

1 Who made the down payment Shanhui?

Who bears the 2nd monthly payment.

It doesn't matter whose name is under this house. As long as you provide evidence of the proportion of the contribution to the house. If you go to legal aid, you can still appeal back.

If one of the spouses has made a down payment and assumed all the loans in the bank before the marriage, it is not joint property;

2. If one of the husband and wife signs a house sale contract before marriage, and uses the joint property of the husband and wife to repay the loan after marriage, the payment paid by the joint loan after marriage needs to be compensated by the party registered with property rights to the other party;

3. If one of the husband and wife buys a house before the marriage, but the real estate certificate is processed after the marriage, such a house does not belong to the joint property of the husband and wife.

The house bought before the marriage is not part of the joint property of the husband and wife. If the pre-nuptial property is purchased by one party alone, it is personal property and cannot be divided by the other party.

If the other party participates in the repayment of the mortgage after the marriage, the mortgage purchased by one party before the marriage shall be awarded to the buyer at the time of divorceAt the same time, half of the loan repaid jointly by the husband and wife shall be compensated to the other spouse.

Legal basis

Article 1062 of the Civil CodeThe 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 1063The 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; Cracked blindness.

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

(5) Other property that shall belong to one party.

Not counted.

The house bought before the marriage is entirely the personal property of one party, and the other party has no right to divide it. At issue are the following two cases:

1) The down payment mortgage of one party who closed the bank before marriage, and the joint repayment of the loan after marriage, and the property right is registered in the name of the down payment party.

When the buyer pays the down payment when buying the house before marriage and the loan repaid by the individual before the marriage, the property belongs to the buyer's personal pre-marital property, and the law of our country stipulates that for the property belonging to the individual before the marriage, in principle, it is not allowed to divide the property in the divorce, unless otherwise agreed by the parties.

After the buyer gets married, during the existence of the marital relationship, the part of the loan repaid jointly by the husband and wife belongs to the joint property of the husband and wife, and the part of the joint property of the husband and wife can be negotiated by both parties or the court judgment when the property is divided in the divorce.

(2) One party has a down payment mortgage before marriage, and the loan is repaid jointly after marriage, and the property right is registered in the name of both parties

According to the provisions of China's property law, the property rights of real estate rights such as houses are determined by the registration of real rights, that is, whoever is registered on the house property right certificate is the right holder, who has the ownership of the property right of the house. In this case, the division shall be carried out in accordance with the principle of division of common property.

Legal basis

In accordance with Article 30 of the Judicial Interpretation of the "Imitation Marriage Law of the People's Republic of China".

If one of the husband and wife signs a contract for the sale and purchase of real estate before marriage, pays the down payment with personal property and takes out a loan from the bank, and repays the loan with the joint property of the husband and wife after marriage, and the real estate is registered in the name of the party who paid the down payment, the real estate shall be disposed of by agreement between the two parties at the time of divorce.

If no agreement can be reached in accordance with the provisions of the preceding paragraph, the people's court may make a judgment that the immovable property belongs to the party whose property rights are registered, and that the loans that have not yet been repaid are the personal debts of the party whose property rights are registered. In the case of divorce, the party registered in the property right shall compensate the other party for the joint repayment of the loan and the corresponding increase in property value between the parties after marriage.

According to Article 12 of the Judicial Interpretation III of the Marriage Law of the People's Republic of China

During the existence of the marital relationship, if both parties use the joint property of the husband and wife to purchase a house in the name of one of the parents, and the property rights are registered in the name of one of the parents, and the other party claims to divide the house according to the joint property of the husband and wife at the time of divorce, the people's court will not support it. The capital contribution made at the time of purchase of the house can be treated as a creditor's right.

Interpretation of Several Issues Concerning the Marriage Law of the People's Republic of China (3).

There are three types of situations in which a house bought before marriage is whether it is a joint property of the husband and wife, which needs to be specifically analyzed.

(1) A house purchased by one party at his or her own expense before marriage.

The pre-marital property of one of the spouses is the personal property of one of the spouses. Before the marriage, the house that one party has purchased, paid for and has ownership of is obviously the pre-marital property of one party, which is personal property and not joint property of the husband and wife. However, if one party buys a house with his or her own funds before the marriage, but for some reason the property is registered in the names of both parties, this is considered a gift to the other party, in which case the house is the joint property of the husband and wife.

(2) A house purchased by one or both parents.

If the property right of a house purchased by one of the parents for the child is registered in the name of the investor's child, it shall be regarded as a gift to only one of the children, and the house shall be recognized as the personal property of one of the husband and wife. However, if the property rights are registered in the names of both husband and wife, then it will be regarded as a gift to both husband and wife, and the house shall be recognized as the joint property of the husband and wife. Secondly, if the house is purchased with the capital contribution of both parents, and the property right is registered in the name of one of the children, the house can be recognized as jointly owned by both parties according to the share of their respective parents' capital contributions, and belongs to the joint property of the husband and wife.

(3) A house where one party signs a contract to buy a house before marriage and pays the down payment with personal property.

If the husband and wife repay the loan with the joint property after marriage, and the house is registered in the name of the down payment house, it can be dealt with by agreement first, and if the agreement is not reached, the court generally determines that the house belongs to the party with the property right registration, and the money repaid jointly by both parties can be compensated by one party to the other party.

Data Extensions

Joint property, that is, the property owned by the husband and wife during the period of living together as determined by the law. Property for which both parties have the right to use, which may be material, financial, or abstract property; In the distribution of property, the distribution is assessed using the consent measure in accordance with national regulations.

Legal analysis: Buying a house before marriage is generally the personal property of one party, so it is generally not divided. Pre-marital property belongs to one of the spouses, and the property owned by one of the spouses is not converted into the joint property of the husband and wife due to the continuation of the marital relationship, so the pre-marital property of one party is not divided at the time of divorce, but only the joint property at the time of divorce.

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 the first sign of the agreement is not completed early, the people's court shall make a judgment based on the specific circumstances of the property, and the Sakura Bend 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. The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.