Is buying a house before marriage considered joint property, and is buying a house before marriage c

There is no doubt that the house bought by one party before the marriage is personal property. What many people ask is, does the house belong to joint property if you buy a house with a personal mortgage before marriage and repay the monthly payment jointly after marriage? Property acquired before marriage belongs to the individual, and property acquired during marriage generally belongs to the joint property of the husband and wife.

However, for a house purchased by one party through a mortgage before marriage and obtained the property ownership certificate after the marriage, it is not possible to mechanically determine whether it is the joint property of the husband and wife based on the time when the property ownership certificate is obtained. Because the money for buying a house is the personal property of one party before marriage, and the developer has paid all the purchase price, and all the claims confirmed by the purchase contract to the buyer have been obtained before the marriage, obtaining the real estate certificate after marriage is only a natural transformation of property rights. Therefore, as long as the sale of the house occurred before the marriage, and the sales contract has been actually performed, and the house is registered in the personal name of the buyer, it should be treated as personal property before the marriage.

Therefore, the purchase of a house before marriage is not part of the joint property of the husband and wife. The purchase of a house before marriage has completed the substantive requirements for obtaining property rights. Legal basis:

Article 18 of the Marriage Law of the People's Republic of China shall be the property of one of the husband and wife in any of the following circumstances: (1) the premarital property of one party; (2) Medical expenses, living allowances for the disabled, and other expenses received by one side due to bodily injury; (iii) Property identified in a will or gift contract as belonging 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.

The following situations are considered pre-marital properties:

1.One of the parties has obtained the title certificate before the marriage.

The current marriage law stipulates that pre-marital property is always the personal property of one of the spouses and will not be converted into joint property of the husband and wife after a certain number of years of marriage.

2.If the house you live in after marriage is your parents' house or a rented public house, the standard of judgment is based on the house ownership certificate.

In this case, the house is in whose name it is, so the house is not the joint property of the husband and wife at the time of divorce and cannot be divided.

3.If you have paid all the money before the marriage, you can only get the real estate certificate after the marriage.

In this case, ownership of the property is not defined by the date of receipt of the title deed.

4.Before the marriage, the mortgage purchase has been completed, and the purchase contract and the bank loan contract are signed in their own name.

In this case, the real estate is personal property before marriage, but the part of the loan repaid after marriage is the joint property of the husband and wife, and half of the compensation should be compensated to the other party.

The law stipulates that whoever is on the real estate certificate for the purchase of a house before marriage is in the name of the house, and if the two parties jointly contribute but the name of one party is registered, and the other party has evidence to prove the joint investment, the property belongs to both parties. If one of the spouses 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 in a 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 paying the down payment, the real estate belongs to the party who paid the down payment, and the joint repayment and appreciation of the loan after marriage belong to the husband and wife. Legal basis:

According to Article 1062 of the Civil Code, the following property acquired by the 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) the proceeds of intellectual property rights;(4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law;

What kind of property does it belong to the joint property of the husband and wife when buying a house before marriage?This must be noted.

Legal Analysis: Whether the house purchased before marriage is the joint property of the husband and wife:

First, the house bought before the marriage, if it was purchased in full before the marriage, the house is personal property. Marriage does not change the property rights of the house.

Second, if the house bought before marriage, if it is a part of the down payment before marriage, the house bought with a loan, and both parties repay the loan jointly after marriage, it depends on whose name it is registered in. If it is registered in the name of the party who paid the down payment, the repayment part and the corresponding appreciation part are joint property, and the rest is 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 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) the proceeds of 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:

a) 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 party.

The circumstances of buying a house before marriage are as follows: 1. The house purchased by one party in full before marriage and registered in his name belongs to his personal property and does not belong to joint property. 2. If one party pays the first payment before marriage, the real estate is registered in his name, and the loan is repaid with the joint property of the husband and wife after marriage, it belongs to the joint property of the husband and wife.

3. If the husband and wife jointly contribute to the purchase before marriage, it is joint property.

The joint property of husband and wife refers to the property jointly owned by the husband and wife during the existence of the marital relationship. The so-called period of the relationship between husband and wife refers to the period between the marriage of the husband and wife and the death or divorce of one of the spouses, and the property acquired by the husband and wife during this period, unless otherwise agreed, belongs to the joint property of the husband and wife. Husbands and wives have equal rights to dispose of jointly owned property.

The consent of the spouse is required for the disposition of property by one of the spouses during the existence of the spouse.

1. If you buy a house before marriage and pay in full, it will be counted as personal premarital property, and you will not participate in the division of joint property between husband and wife when you divorce.

2. If the down payment is paid before marriage, and the rest is mortgaged, and the name of one party (or parents is added) on the real estate ownership certificate, the property itself is personal pre-marital property, but the mortgage part paid after obtaining the certificate belongs to the joint property of the husband and wife, and the division can be requested in the divorce.

The new judicial interpretation of the Marriage Law has adjusted this, and the relevant provisions are as follows. 1. Regardless of before or after marriage, if the house purchased by the parents is registered in the name of their children, it shall be deemed to be personal property and shall not belong to the joint property of the husband and wife. 2. The house bought before marriage and registered in one's own name is personal property and will not be distributed at the time of divorce.

3. The house bought before marriage, the appreciation part of the house after marriage has nothing to do with the spouse. 4. If the house bought before marriage is registered in your own name, if the husband and wife repay the loan together, the other party's repayment of the loan should be considered for compensation when divorcing.

Legal basis:Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (2) Article 22 Where before the parties get married, the parents contribute to the purchase of a house for both parties, the contribution shall be deemed to be a personal gift to their children, and the house is personal property before marriage, not the joint property of the husband and wife. However, unless the parents expressly indicate that the gift is made to both parties.

Legal analysisBuying a house before marriage may not be counted as joint property of the husband and wife. The real estate that has been purchased before the marriage and can be included in the joint property of the husband and wife mainly refers to: 1. The real estate purchased by the husband and wife before the registration of the marriage.

It should be noted that at this time, the property is not required to be registered in the names of both parties, even if it is only registered in the name of one of the parties, it can be recognized as the joint property of the husband and wife. This is mainly due to the fact that both parties have contributed capital, so both parties have corresponding rights to the property; 2. One of the parties purchased the house with personal property before registering the marriage, but donated half of the ownership of the property to the other party by way of gift. In this case, the pre-marital property owned by one of the spouses can be converted into 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) the proceeds of 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 by the shirt shop. Husband and wife have equal rights to dispose of joint property.

A house bought before marriage can be considered joint property. If one party buys a house in full before marriage and is registered in the name of one party, or if the loan is purchased in the name of one party registered in the mill house and repays the mortgage with one party's personal property after marriage, it is the personal property of one party; If one party buys a house in full before marriage and registers it in the names of both parties after marriage, or takes out a loan to buy a house and repays the mortgage with the joint property of the husband and wife after marriage, it belongs to the joint property of both parties.

Legal basis:Article 1062 of the Civil Code.

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) the proceeds of 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 Grinding hands.

The following property is the personal property of the husband and wife:

a) 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 party.

The purchase of a house jointly before marriage is joint property. According to the relevant laws and regulations, if the husband and wife jointly contribute to the purchase of a house before marriage, and it is registered in the names of both parties, and the loan is jointly repaid after marriage, it shall be recognized as the joint property of the husband and wife. If there is an agreement between the parties in the marriage, and it is agreed that the house is owned by one party, it will be handled in accordance with the agreement.

Legal basis:

Article 1079 of the Civil Code of the People's Republic of China provides that if one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly file a divorce lawsuit with the people's court. People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted. In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person; (2) Committing domestic violence or abusing or abandoning family members; (3) Having gambling, drug abuse, or other vices that have been repeatedly taught; (4) They have been separated for two years due to emotional discord; (5) Other circumstances that lead to the breakdown of the relationship between husband and wife. Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted. Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

The woman's pre-marital purchase of a house is not necessarily joint property, because the pre-marital property of one party is not converted into joint property of the husband and wife due to the marital relationship; However, if one party makes a down payment before marriage and repays the loan with the joint property of the husband and wife after marriage, or if the house is registered as two people after marriage, it is the joint property of the husband and wife.

Legal basis:Article 78 of the Supreme People's Court's Interpretation on the Application of the Marriage and Family Section (Concealment of Chi Tuan I).

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 pays 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 shall belong to the party registered, and the loan that has not yet been repaid shall be the personal debt of the party registered with the immovable property. In the case of divorce, the parties shall compensate the other party for the joint repayment of the loan and the corresponding increase in the value of the property in accordance with the principles stipulated in the first paragraph of Article 1087 of the Civil Code.

Real estate before marriage is generally not considered joint property, unless otherwise agreed. According to the relevant laws and regulations, the premarital property of one party shall be recognized as the personal property of one of the spouses unless otherwise agreed. and the agreement shall be reflected in writing.

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 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) the proceeds of 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. Source of repentance) 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 party.