Marriage real estate certificate problem, why do you need a marriage certificate to get a real estat

First: 1: We want to buy a house and get a marriage certificate, the boyfriend pays the down payment, and after the marriage, we will pay the house together, and the real estate certificate only writes his name, is it a joint property?

A: It is not joint property; According to the provisions of China's "Property Law", whose name belongs to the house registered before marriage, you pay the mortgage jointly after marriage, if you divorce, the man can only return the part of the mortgage money you pay for the house;

Second: Get a marriage certificate first and then buy a house, whose property does the real estate certificate only write his name?

A: It is the joint property of the husband and wife; Buying a house after marriage, regardless of whether the other party pays for it or not, is a joint property. In the event of a divorce, you can divide the property equally.

But it's better to listen to your friends and write your name on the title deed to avoid trouble...

Hello, in both cases, the property is your joint property. Of course, it is better to write the names of 2 people on the real estate certificate, which is more auspicious.

1 The part of the down payment belongs to your husband's personal property, and the removal of the down payment is the joint property of the two of you.

2 Get a marriage certificate first, no matter whose name is written, it is your joint property.

Whoever pays for the house after marriage, except for the down payment paid by him, is your joint property.

It is best to register the marriage before buying a house, and if the house is bought first, it will also belong to the joint property after the marriage is registered.

This has to do with the timing and nature of the home. If you are single and buying, then you do not need a marriage certificate; If you use personal property to buy in marriage and register in your own name, you don't need a marriage certificate, but if you use the joint property of the husband and wife to buy and register in the name of both husband and wife during marriage, then you need a marriage certificate, it should be noted that in our country, the house belongs to real estate, the implementation of the real estate registration system, if you plan to buy a house, it must be a real estate certificate, do not buy a house without a real estate certificate, even if you and the seller signed a contract to buy a house, When the house is not transferred to your own name, the house does not belong to you, so when buying a house, you must choose a house with a title deed.

[Legal basis].Interim Regulations on the Registration of Immovable Property

Article 4 The State implements a unified registration system for immovable property.

The registration of immovable property follows the principles of strict management, stability and continuity, and convenience for the masses.

The immovable property rights already enjoyed by the owner of immovable property in accordance with the law shall not be affected by changes in the registration authority and registration procedures.

Article 14 Where an application for registration of immovable property is made for sale, mortgage creation, etc., both parties shall jointly apply for it.

In any of the following circumstances, the parties may apply unilaterally:

1) The immovable property that has not yet been registered is applied for registration for the first time;

2) Inheritance or acceptance of bequests to acquire immovable property rights;

3) The establishment, modification, transfer, or extinction of immovable property rights in effective legal documents of the people's courts or arbitration commissions, or effective decisions of the people's courts;

4) The name or title of the right holder or the natural situation changes, and the application for modification of registration is made;

5) The immovable property is lost or the right holder gives up the rights of the immovable property and applies for cancellation of registration;

6) Applying for correction of registration or objection to registration;

7) Other circumstances where laws or administrative regulations provide that a unilateral application may be made by the parties.

The applicant shall submit the following materials and be responsible for the authenticity of the application materials:

1) Application for registration;

2) Identification materials and power of attorney of the applicant and ** person;

4) Materials such as the site, spatial boundaries, and area of immovable property;

5) Explanatory materials on the interests of others;

6) Other materials provided for by laws, administrative regulations, and detailed rules for the implementation of these Regulations.

The immovable property registration authority shall disclose the information such as the catalogue of materials and model texts required for application for registration in the office space and on the portal.

Legal analysis: The main purpose of a marriage certificate is to prove the marital status of the parties, and if they are not married, they must show a single certificate. The name on the marriage certificate and the title deed are two different things.

The real estate certificate can only write the name left on the contract when the party buys the house, and if it needs to be added, it must be followed by the transfer procedure.

Legal basis: Measures for Housing Registration

Article 13 The co-owners shall jointly apply for registration of a co-owned house.

The registration of a change in the ownership of a co-owned house may be applied for by the relevant co-owners, but if the application for housing registration is due to a change in the nature of the co-ownership or the share of the co-owners, the co-owners shall jointly apply for it.

Article 17 Where the application and registration materials submitted by the applicant are complete and conform to the statutory form, they shall be accepted and a written certificate shall be issued.

Where the application and registration materials submitted by the applicant are incomplete or do not conform to the legally-prescribed form, they shall not be accepted, and the applicant shall be informed of the content that needs to be supplemented and corrected.

Article 18 The housing registration authority shall inspect the application and registration materials, and ask the applicant whether the application for registration is the true expression of the applicant's intentions, whether the application for registration is a common house, whether the right holder recorded in the housing registration book agrees to correct it, and other relevant matters that need to be further clarified in the application and registration materials. The results of the inquiry shall be signed and confirmed by the applicant, and archived for retention.

If the housing registration authority considers that the relevant circumstances of the application for registration of the house need further proof, it may require the applicant to supplement the materials.

The interpretation of the new Marriage Law on buying a house before marriage and adding a name to the real estate certificate after marriage was adopted by the 1525th meeting of the Adjudication Committee of the Supreme People's Court on July 4, 2011, and came into force on August 13, 2011 Article 6 of the Interpretation (III) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China stipulates that before marriage or during the existence of the marital relationship, if the parties agree to donate the real estate owned by one party to the other party for burial, the donor shall revoke the gift before the change of registration of the donated real estate. Where the other party requests an order for continued performance, the people's court may handle it in accordance with the provisions of Article 186 of the Contract Law. On August 31, 2011, the Ministry of Finance and the State Administration of Taxation jointly issued a notice:

During the existence of the marital relationship, the ownership of the house and land is changed from the ownership of one of the husband and wife to the joint ownership of the husband and wife, and the deed tax is exempted. In other words, the Ministry of Finance and the State Administration of Taxation have reached a consensus that they will not add names to the real estate certificates of husband and wife to be taxed, and this announcement is a legal normative document with legal effect.

If you buy a house with a lump sum payment before marriage, you should collect the purchase contract, invoices and other relevant materials, and first go to the judicial notarization of personal premarital property before marriage, so as to obtain legal protection and avoid unnecessary disputes in the future. On July 4, 2011, the 1525th meeting of the Adjudication Committee of the Supreme People's Court adopted the interpretation of the new Marriage Law on buying a house before marriage and adding a name to the real estate certificate after marriage, and Article 6 of the Interpretation (III) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China came into force on August 13, 2011Where the other party requests an order for continued performance, the people's court may handle it in accordance with the provisions of Article 186 of the Contract Law.

On August 31, 2011, the Ministry of Finance and the State Administration of Taxation jointly issued a notice stating that during the existence of the marital relationship, the ownership of houses and land shall be changed from the ownership of one of the husband and wife to the joint ownership of the husband and wife. That is to say, the Ministry of Finance and the State Administration of Taxation have reached a consensus that they will not tax the real estate certificate of the husband and wife, this announcement is a legal normative document, and the real estate before marriage does not need to be notarized is the pre-marital property of the individual, and the real estate after marriage belongs to both husband and wife, and the pre-marital real estate can be notarized at the notary office to belong to one of the husband and wife.

Bring your ID card, household registration booklet, real estate certificate (if the property right certificate is not down, bring the contract and invoice), and marriage certificate to the notary public to handle the marital property agreement, and the personal property can be agreed to be jointly owned or owned by one party. The notary office has a special format, so there is no need to prepare a written document in advance.

The main purpose of a marriage certificate is to prove the marital status of the parties, and if there is no marriage a single certificate must be presented. The name on the marriage certificate and the title deed are two different things. The real estate certificate can only write the name left on the contract when the party buys the house, and if it needs to be added, it must be followed by the transfer procedure.

The information required for the real estate certificate is: (1) The original purchase and sale contract and the original supplementary contract of the house. (2) Original uniform invoice for the sale of commercial housing.

Article 17 of the Housing Registration Measures If the housing ownership certificate or registration certificate is damaged, the right holder may apply to the housing registration agency for replacement. Before the housing registration agency renewes it, it shall take back the original housing ownership certificate and registration certificate, and record the relevant matters in the housing registration book. If the house ownership certificate or registration certificate is lost or destroyed, the right holder may apply for a replacement after publishing the loss statement in the local newspapers and periodicals publicly distributed.

If the housing registration agency reissues the issue, it shall record the relevant matters in the housing registration book. The reissued housing ownership certificate and registration certificate shall be marked with the words "reissued". Before the reissuance of the housing ownership certificate and registration certificate of the villagers' houses within the scope of the collective land, the housing registration agency shall make a public announcement in the rural collective economic organization where the housing is located.

Article 209 of the Civil Code of the People's Republic of China The establishment, alteration, transfer and extinction of real estate rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law. The ownership of natural resources that belong to the State in accordance with the law may not be registered. Article 200 of the Civil Law of the People's Republic of China The registration of immovable property shall be handled by the registration authority where the immovable property is located.

The State implements a unified registration system for immovable property. The scope of unified registration, registration bodies, and registration methods shall be prescribed by laws and administrative regulations.