Asking for an explanation: If you buy a house after marriage, you can only write the name of one par

Updated on society 2024-03-24
8 answers
  1. Anonymous users2024-02-07

    Can a couple buy a house with only one party's name written in it?

  2. Anonymous users2024-02-06

    When you buy a house after marriage, you can write only one person's name.

    As long as there is no special agreement between the husband and wife, the house with only one person's name written on it after marriage is also considered the joint property of the husband and wife, and the two parties can negotiate to divide the property at the time of divorce, and if the negotiation fails, it can be handed over to the court for judgment. However, if the house is purchased by one party with pre-marital property, registered in the name of one person, and the husband and wife agree that the property will be owned separately after marriage, then the house is personal property and will not be divided in accordance with the law in the event of divorce.

  3. Anonymous users2024-02-05

    Legal Analysis: Buying a house after marriage can only write one person's name. However, even if only one person's name is written, the house bought after marriage is generally the joint property of the husband and wife.

    This is because the law stipulates that if there is no special agreement on the property acquired during the marriage relationship, it shall be the joint property of the husband and wife.

    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) 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.

  4. Anonymous users2024-02-04

    Legal analysis: If the house purchased during the marriage of the husband and wife is not clearly stipulated by the husband and wife, only one person's name is written on the real estate certificate, and it should be recognized as the joint property of the husband and wife. However, this does not apply to immovable property purchased for the child by one of the parents at the expense of one of the parents after marriage.

    Legal basis: Article 1062 of the Civil Code of the People's Republic of China stipulates that 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.

  5. Anonymous users2024-02-03

    Legal analysis: buying a house after marriage can only write one person's name, the husband and wife can choose to write only one person's name, or write the name, if the husband and wife have not signed a property agreement on the ownership of the property agreed to be owned by one party, then the property no matter whose name is written belongs to 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) 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.

  6. Anonymous users2024-02-02

    Legal analysis: After marriage, you can only write one person's name, and both husband and wife can choose to write only one person's name, or they can write the name, if the husband and wife have not signed a property agreement on the ownership of the property, then the property belongs to both husband and wife no matter whose name is written.

    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) Wages, bonuses, and remuneration for labor services;

    2) Income from production, operation, and investment in wild excavation;

    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. Songnucleus.

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

  7. Anonymous users2024-02-01

    When buying a house after marriage, you can write a person's name, but it is also the joint property of the husband and wife, not the personal property. According to Article 17 of the Civil Code of the People's Republic of China, 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. Salary, salary, and bonuses; 2. Pure income from production and economic molding; 3. Intellectual property income; 4. Other property that should be jointly owned; 5. Property obtained by inheritance or donation, except as provided for in Paragraph 3 of Article 18 of this Law.

    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 is 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 used by one party to arbitrarily judge quarrels;

    5) Other property that shall belong to one side.

  8. Anonymous users2024-01-31

    Buying a house after marriage can only write the name of one party. If you buy a house with joint property after marriage, write the name of the husband and wife or write the name of one person, it is all joint property after marriage. After marriage, if a person contributes capital with personal property before marriage, and the house falls in his own name, if the house has been paid in full, the house is considered a conversion of personal property and is considered personal property.

    If only the full down payment is paid for the house, the house is treated as personal property, but the unpaid part of the house and the part of the appreciation value of the house belong to the joint property of the husband and wife, and are jointly owned. After marriage, if one person contributes capital with personal property before marriage, and the house falls in the name of both parties or the other party, the house is considered joint property, and in fact it is a gift from one party to the other, and the husband and wife jointly share the property rights of the house.

    Civil Code of the People's Republic of China

    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.

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