Is the house not joint property, and is the property joint property

The question is more complicated.

First of all, it is necessary to clarify two concepts: first, whether the "father of his father bought a house" mentioned by LZ has paid the full amount of the house, and if so, who will pay the balance of the mortgage; Second, the legally recognized relationship between husband and wife is based on the date of marriage registration, and the engagement and wedding ceremonies that we usually talk about on weekdays cannot be the legal basis.

Let's assume that the situation mentioned by LZ is that his father has paid the house in full and that you get married on the "marriage registration date".

1. This house actually belongs to his personal pre-marital property, and it is not your joint property of husband and wife, although he did not actually contribute capital, but it is indeed his property. Neither his parents nor you have any interest in the property;

2. The property right of this house belongs to his father, to be precise, it is the joint property of his parents, not you and his husband and wife, and you and he are actually only "temporarily" living in this house. However, both you and he can enjoy a partial interest in the property, but only as your inheritance interest, that is, one of his parents dies, and the majority of the interest in the property is actually one of his parents, and you inherit a smaller part of the interest, but as joint property;

3. The third situation has been roughly introduced above. You have full rights to inherit the property, but only a small part, because the property itself is the joint property of his father and mother, and once his father dies, the property must first be divided according to the legal order of succession, unless his father has a special will or his mother agrees to give the property to you, which is another matter. As for whether to pay the money or not, there is no special "Inheritance Law" in China, so according to the current policy, there is no need to pay inheritance fees for inheriting real estate, as long as you go to the local real estate trading center to go through the procedures for changing the property rights of the house in accordance with the relevant regulations (that is, his or your name is written on the real estate certificate), the cost is about a few hundred yuan.

1. Does not belong.

2. Does not belong.

3. No, there is no tax on inherited property.

All of them are relatively clear provisions of the Marriage Law.

His father's name is written on the real estate deed, and this house is his father's, and it has nothing to do with you.

Legal analysis: look at whether the house is pre-marital or post-marital property.

In the first case, before marriage, the man buys a house in one name and pays a down payment, and after marriage, the husband and wife jointly repay the mortgage. It shall belong to the personal property before marriage, and the part of the loan repayment after marriage shall be regarded as joint property, and the woman shall share the property with half of the repayment and interest.

In the second case, before marriage, the man fully funded the purchase of the house, and after the marriage, the wife asked to add her name to the real estate certificate, and the property became the joint property of the husband and wife. Property that is given by the man to the woman shall be divided in the divorce.

In the third case, if the husband and wife purchase a house after marriage, and the real estate certificate is in the name of one of the husbands, the real estate shall be the joint property of the husband and wife after marriage.

In the fourth case, if the man fully invests in the purchase of the house before marriage, and after the marriage, the wife requests to change the name on the real estate certificate to the name of the woman, and the property should belong to the woman's property.

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 a violent marriage 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.

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

Article 1063 The following property shall be the personal property of one of the husband and wife:

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 only to one party;

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

5) Other property that shall belong to one side.

Legal Analysis: Case-by-case scenario. The full payment made by one of the parties before the marriage is legally personal property; The purchase of a house before marriage is funded by two people, although the marriage is not married, but the two jointly contribute to Kairuwang to buy a house, and the property is considered a joint property; If one person pays a down payment and repays the loan after marriage, and the law stipulates that if one party pays the down payment for the purchase of a house before marriage, the part of the down payment belongs to personal property, and the part of the loan repaid after marriage belongs to joint property and shall be divided 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 their 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.

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

Legal Analysis: Determined based on the following circumstances:

1. The husband and wife contributed to the purchase of the house after marriage and obtained the property right of the house, because the house was acquired during the marriage, so whether it is the name of one party or the name of both parties on the real estate certificate, it is joint property.

2. If one of the husband and wife purchases a house through a mortgage loan before marriage and obtains a real estate certificate, and the husband and wife jointly repay the loan after marriage, although the house is purchased by one party before marriage, the part of the loan that is jointly repaid after marriage shall be regarded as joint property unless otherwise agreed by the husband and wife.

Legal basis: The 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) 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 shall be the personal property of one of the husband and wife:

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.

Legal Analysis: Under normal circumstances, if a house is purchased during the existence of the marital relationship, it is the joint property of both parties, and in addition to the difference, the two parties can also agree on the joint ownership of certain personal property.

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 the marriage 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) Inheritance of positive skin 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 1065:A man and a woman may agree that property acquired during the existence of the marital relationship and property acquired before marriage shall be owned separately or jointly, or partly separately or partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is not clear, the provisions of articles 1062 and 1063 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 legally binding on both parties.

If the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the counterpart, the personal property of the husband or wife shall be repaid.

Acquired after marriage is generally the joint property of the husband and wife.

I have just taken out a house loan now, and now I am getting a marriage certificate

The court can prosecute, it is all clearly registered, evidence can be obtained, and real estate property evidence can be ......collected in this way

If it is considered joint property, it can only be regarded as premarital property unless it is purchased in full after the prenuptial notarization.

Because you bought it with a loan. Later, even if you repay the loan personally, life begins as husband and wife. You can't spend on this family later.

It's all up to your wife to take care of the housekeeper, and you repay the loan. Therefore, it cannot be used as your personal property, it belongs to the joint property of the husband and wife.

Your situation should be treated separately:

First of all, "the house was bought with a down payment before marriage", which means that the ownership of the property should belong to you; The down payment should be defined as being paid for your personal property; This means that in the event of a divorce in the future, the down payment cannot be divided as joint property.

Secondly, after getting married, "I still repay the loan by myself", then, if the money to repay the loan is not your personal property before marriage, but mainly repays the loan with your monthly salary, it should be defined as "repaying the loan with the joint property of the husband and wife". In other words, although the salary is earned by you, the salary earned after marriage must be recognized as the joint property of the husband and wife. The only difference is that the joint property is in your pocket and you are responsible for paying the loan.

Thirdly, if you add your wife's name to the title deed (real estate deed) after marriage, it means that the down payment you made before the marriage (divided into two parts, half of which is given to the wife) is also defined as joint property of the husband and wife – this does not need to be notarized.

To sum up, if you add your wife's name to the title deed, the title of the property can be defined as the joint property of your husband and wife, if you divide it between you and your wife.

Hope mine can help you.

Should a joint house be considered joint property, no matter whose name is written?