Is it a joint property of the husband and wife to write only one person s name on the house bought a

Updated on society 2024-03-19
11 answers
  1. Anonymous users2024-02-07

    Is it joint property for a husband and wife to buy a house after marriage and only write the name of one of them? According to the Civil Code.

    Article 1062 stipulates that the husband and wife shall receive wages, bonuses, and remuneration for labor services during the marriage.

    and other property, which belongs to the joint property of the husband and wife.

    Therefore, if the house is purchased with the joint property of the husband and wife, then even if only the name of one party is written, it is the joint property of the husband and wife. If one of the parties uses pre-marital property.

    purchase, it is personal property.

  2. Anonymous users2024-02-06

    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 property acquired during the marriage is the joint property of the husband and wife.

    Legal basis] Article 17 of the Marriage Law, the following property acquired by the husband and wife during the existence of the marriage relationship shall be jointly owned by the 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.

  3. Anonymous users2024-02-05

    After marriage, the name of a person in the real estate certificate also belongs to the joint property of the husband and wife, but there is a bad thing, that is, when the husband and wife have a conflict, the head of the household on the real estate certificate sells the house privately, and the other party may not know, and the names of the two people must be present when selling the house, otherwise the house cannot be transferred.

  4. Anonymous users2024-02-04

    Legal analysis: In the absence of a clear agreement, if only the name of one party is written on the purchase of a house after marriage, it should be recognized as 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 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, and (4) Inherited or donated property, except as provided for in Paragraph 3 of Article 1063 of this Law, and (5) Other property that shall be jointly owned.

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

  5. Anonymous users2024-02-03

    As long as the house purchased after marriage is purchased with the income of one of the spouses or both parties after marriage, even if only the name of one of the husband and wife is written on the real estate certificate, as long as there is no special agreement between the husband and wife, the house belongs to the joint property of the husband and wife, and the other party has the right to claim division.

  6. Anonymous users2024-02-02

    A house bought after marriage with a person's name written on it is generally considered joint property, but there are exceptions.

    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 share of their respective parents' capital contributions, unless otherwise agreed by the parties. If one party wants to have the right to use the house when divorced, the appraisal unit will conduct an appraisal and distribute it to the other party; If both parties want to own the house, both parties will make a bid; If neither party wants the house, the people's court will auction it and then distribute it.

    Co-ownership means that two or more entities or individuals have ownership of the same immovable or movable property. Property refers to the possession of material wealth such as money, materials, houses, land, state property, private property, and rights with monetary value and protected by law.

    What is the division of joint property between divorced couples?

    1. When the husband and wife divide the valuable shares, such as **, bonds, and investment shares, as well as the unlisted shares, and the negotiation fails, or it is difficult to distribute them according to the market price, the people's court may distribute them proportionally according to the quantity;

    2. If it involves the division of the joint property of the husband and wife in the name of one party in the partnership enterprise, and the other party is not a partner of the enterprise, when the husband and wife reach an agreement through consultation, the share of the property in the partnership enterprise shall be transferred to the other party in whole or in part.

    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.

  7. Anonymous users2024-02-01

    Is buying a house after marriage and only writing the name of one party considered joint property?

    Buying a house after marriage and only writing the name of one party is considered joint property.

    Article 1062 of the Civil Code The following property acquired by a husband and wife during the existence of a marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife

    1) Remuneration for wages, bonuses and other labor services;

    2) Income from production, economic collapse, 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.

    Belonging to common property:

    1. If the husband and wife do not have a clear agreement on the purchase of a house during the marriage of the husband and wife, and only the name of one of them is written on the real estate certificate, it shall be recognized as the joint property of the husband and wife;

    2. If the immovable property purchased by the parents of both parties is registered in the name of one of the children, the immovable property may be deemed to be jointly owned by both parties according to the share of their respective parents' contributions, unless otherwise agreed by the parties.

    If one party wants to own the right to use the house in the event of divorce, the appraisal unit will evaluate and then distribute it to the other party; If both parties want to own the house, both parties will make a bid; If neither party wants the house, the people's court will auction it and then distribute it.

    Not part of the common property:

    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 the Marriage Law, and the immovable property shall be recognized as the personal property of one of the spouses.

    Experts say that the most undesirable thing to do is for the party to write the name of the other party on the real estate certificate in order to show sincerity, which means that he has completely given up the ownership of the house.

  8. Anonymous users2024-01-31

    Buying a house after marriage with only one person's name written is the joint property of the husband and wife. Joint property refers to the salary, bonus, remuneration for labor services, production and operation investment income, intellectual property income, inherited or donated property of the husband and wife during the existence of the marital relationship, so the house purchased with these properties also belongs to the joint property of 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;

    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.

  9. Anonymous users2024-01-30

    Legal analysis: 1. If the house purchased during the marriage of the husband and wife is not expressly agreed by the husband and wife, only the name of one of the persons shall be written on the real estate certificate, and it shall be recognized as the joint property of the husband and wife; 2. If the immovable property purchased by the parents of both parties is registered in the name of one of the children, the immovable property may be deemed to be jointly owned by both parties according to the share of their respective parents' contributions, unless otherwise agreed by the parties.

    When the house purchased is jointly owned by the husband and wife, and one party wants to own the right to use the house, the appraisal unit will conduct an appraisal and then distribute it to the other party; If both parties want to own the house, both parties will make a bid; If neither party wants the house, the people's court will auction it and then distribute it. 2. Where it is not joint property: If the immovable property purchased by one of the parents for the children after marriage is registered in the name of the investor's children, it may be regarded as a gift to only one of the children in accordance with the provisions of the Marriage Law, and the immovable property shall be recognized as the personal property of one of the spouses.

    Legal basis: Article 1063 of the Civil Code of the People's Republic of China The following property is the personal property of one of the husband and wife: (1) the premarital property of one party; (2) Compensation and 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.

  10. Anonymous users2024-01-29

    Hello, I'm a consulting lawyer, I'm reading your question oh, please wait a little longer Hello, it's a pleasure to serve you.

    Questions. Are you there.

    The house bought after marriage belongs to the marital property, that is, the joint property of the husband and wife.

    It is not his personal property.

    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 paragraph 3 of Article 103 of this Law; 5) Other property that shall be jointly owned. Husband and wife have equal rights to dispose of joint property.

    Questions. My husband and I have 3 stores and 2 houses.

    Article 1063 of the Civil Code of the People's Republic of China In any of the following circumstances, it is the property of one of the husband and wife: (1) the premarital property of one party. (2) Medical expenses and living allowances for the disabled received by one party due to 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 party, and (5) other property that shall belong to one party.

  11. Anonymous users2024-01-28

    The house bought after marriage is counted as joint property by writing a person's name. If the husband and wife jointly pay the down payment for the purchase of the house after marriage, and jointly pay the mortgage and other matters, it should belong to the joint property of the husband and wife, and the house purchased during the existence of the marital relationship of the husband and wife, if the husband and wife have not expressly agreed, only the name of one of them is written on the real estate certificate, and it should also belong to the joint property of the husband and wife, and the husband and wife have equal rights to dispose of the joint property.

    [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.

    How to divide the house bought before marriage in the event of divorce.

    1. If the house bought before marriage is the property of one of the husband and wife, it is personal property at the time of divorce and cannot be divided;

    2. If the house belongs to the joint property of the husband and wife, then it should be divided according to the principle of divorce property division, and the husband and wife divide the joint property including the house equally and enjoy the same rights and obligations.

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