One party buys a house The prenuptial agreement is joint property What to do with the property in th

Updated on society 2024-03-18
4 answers
  1. Anonymous users2024-02-06

    Divide the joint property according to the agreement.

  2. Anonymous users2024-02-05

    1. If one party buys a house after marriage and the husband and wife do not have a clear agreement, whether the name of one of them or the names of two people is written on the real estate certificate, it belongs to the joint property of the husband and wife. 2. If one party buys a house with personal property after marriage, and only his name is written on the real estate certificate, it is personal property. 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 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 163 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 or foundation of one of the parties; (2) Compensation or compensation received by one party for personal injury; (3) Property that is determined to belong to only one party in the will or in the contract of respectful gift; (4) Daily necessities for the exclusive use of one side; (5) Other property that shall belong to one party. Article 1064:Debts incurred by both husband and wife as jointly signed by both husband and wife or by one of the husband and wife as an expression of common intent such as retrospective recognition by one of the husband and wife, as well as debts incurred by one of the husband and wife in their own name for the daily needs of the family during the existence of the marital relationship, are joint debts of the husband and wife. Debts incurred by one of the spouses in his or her own name during the existence of the marital relationship in excess of the daily needs of the family are not joint debts of the husband and wife; However, the creditor can prove that the debt was used for the husband and wife's common life, joint production and business, or based on the common intention of the husband and wife.

    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.

  3. Anonymous users2024-02-04

    If you buy a house after marriage, regardless of the name of the husband and wife who is the registrant of the real estate certificate, as long as there is no special written agreement between the two parties in advance, the property right of the house belongs to the joint property of the husband and wife.

    Civil Code of the People's Republic of China

    Article 1062.

    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 163 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:

    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.

  4. Anonymous users2024-02-03

    Belong. The house bought by the husband and wife during the marriage, regardless of whose name is written, generally belongs to the joint property of the husband and wife. This is because the house purchased by the husband and wife with the joint property of the husband and wife during the marriage relationship is not sold, so even if the house is registered in the name of one of the spouses, it is still the joint property of the husband and wife.

    Article 1062 of the Civil Code of the People's Republic of China provides that the following property acquired by a 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) the 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 163 of this Law;

    (5) Other property that shall be jointly owned.

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

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