How to divide the civil code on adding the woman s name after the divorce real estate certificate?

Hello, on the issue of adding the woman's name to the real estate certificate after marriage, how to divide it in the divorce, first add the woman's name, the house belongs to the joint property of the husband and wife, and the divorce will refer to the time of marriage, the contribution of the house and other comprehensive judgments.

Article 1062 of China's Civil Code stipulates that "the following property acquired by husband and wife during the existence of marital relationship shall be the joint property of husband and wife and shall be jointly owned by 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.

In other words, if one party changes the registration of the real estate registered in the name of the individual before the marriage, and registers the house in the name of both husband and wife, it is equivalent to donating the property owned by the individual before the marriage to the other party after the marriage, and the house belongs to the joint property of the husband and wife. However, it should be noted that if the husband and wife have a special agreement on the ownership of the house during the existence of the marital relationship, of course, the agreement takes precedence.

Friends often ask if there will be any changes if the house is given to the woman through the marital property agreement, but the man has not gone through the change registration procedures. Lawyer An Jia reminds that if you encounter such a situation, you must go through the registration procedures for property right change as soon as possible. According to Article 658 of the Civil Code, the donor has the right to revoke at will, that is, the donor may revoke the gift before the transfer of the right to the donated property.

The provisions of the preceding paragraph do not apply to notarized gift contracts or gift contracts that have the nature of public interest or moral obligations such as disaster relief, poverty alleviation, or assistance to the disabled, which must not be revoked in accordance with law. Therefore, even if the two parties sign an agreement but do not go through the procedures for changing the registration of the house, then this is a dead letter, and even if the lawsuit is brought to court, it will generally not be supported.

The new (Marriage Law) stipulates that if a house is purchased in full before marriage, it is personal property and cannot be divided by adding a name. The pre-marital loan for the house, the pre-marital loan part belongs to the individual, and the part repaid after the marriage belongs to the joint property, and in case of divorce, only the post-marital loan repayment part can be divided.

If the property is purchased before marriage, whoever contributes is the personal property of the person. After marriage, the name of the other half is added to the joint property of the husband and wife, and it is divided according to the share in the divorce.

Hello, plus the name belongs to the joint property, one side to be divided.

Legal analysis: If Lasun pronounces the woman's name, the woman has a share of the property. But when there is a name split, it doesn't have to be half of it. There is an agreement on the division, and there is no agreement, and it is also necessary to comprehensively consider factors such as the contribution of each party to the property.

Legal basis: Article 1063 of the Civil Code stipulates that the following property shall be 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 party. Article 29 of the Interpretation (1) of the Supreme People's Court on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China stipulates that if the parents contribute to the purchase of a house for both parties before they get married, the contribution shall be deemed to be a gift to their children, unless the parents expressly express that the gift is made to both parties.

After the parties get married, if the parents contribute to the purchase of a house for both parties, it shall be handled in accordance with the agreement; Where there is no agreement or the agreement is not clear, it is to be handled in accordance with the principles provided for in item 4 of paragraph 1 of article 1062 of the Civil Code.

Legal analysis: the act of adding the name to the real estate certificate after marriage is regarded as a gift to the other party, and the house with the names of both parties belongs to the joint property of the husband and wife, and the joint property of the husband and wife shall be handled by the two parties through negotiation at the time of divorce, and if no agreement can be reached, the court shall deal with it in accordance with the principle of taking care of the children, the woman and the innocent party.

Legal basis: Civil Code of the People's Republic of China

Article 1076:Where a husband and wife neglect to divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in 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 bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) 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 the People's Law Xiandan Court has ruled that divorce is not allowed, the parties have been separated for one year or more, and one party initiates a divorce lawsuit again, the divorce shall be granted.

Article 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.

Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.

The rights and interests enjoyed by the husband or wife in the family land contract shall be protected in accordance with law.

A name is joint property. If you buy a house before marriage and the house price is paid 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. If the down payment is made before marriage, and the rest is mortgaged, and the name of one party (or parents is added) on the real estate ownership certificate, the real estate will be dispersed as 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 event of divorce.

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 163 of this Law; (5) Other property that shall be jointly owned. Husband and wife have equal rights to dispose of joint property.

If the house is bought by the woman before the marriage registration, and the woman's name is written in the real estate certificate, the house is the woman's pre-marital property, and the house is not divided if the two people divorce.

If the house was bought by the man before the marriage, although the real estate certificate is written in the woman's name, as long as the man can show evidence, the house cannot be regarded as joint property.

If the house is bought after marriage, no matter whose name is written on the house deed, the house is also joint property, and the house is divided equally. Unless one of the parties is willing to score less. If there is money from the parents to buy the house, as long as the parents can show evidence, the two people in the house have to jointly return the part of the money to the parents, that is, how much money the parents take to return to the parents, and the remaining part can be divided equally between the two people.

The property belongs to one party and the other party pays part of the price.

The property you purchased with your capital is registered in the woman's name and belongs to the joint property of the husband and wife, and at the time of divorce, the two parties can negotiate the joint house of the husband and wife.

If the man buys a house before marriage and registers it in the woman's name after marriage, then the house is the joint property of both husband and wife. In this case, even if the woman did not actually contribute capital and did not pay the purchase price, the house is still the joint property of both the man and the woman. If a man and a woman divorce and there is a dispute over the ownership of the house, both the man and the woman can request the division of the house.

It depends on who pays for the money of the house, and it is divided according to the share of the payment. The real estate certificate is only a surface, and it depends on the connotation. If it is the woman's pre-marital property, then it is all the woman's.

If it is after marriage, it will be divided according to the amount of capital contributed by men and women. If it is funded by the man, it is the man's.

Write the woman's name, as long as it is the joint property of both men and women, the divorce will still divide the property, which depends on who contributed the money of the house, and who can prove that the house is whom.

In the current marriage law, no matter whose name is on the real estate certificate, as long as there is proof of which party paid for the purchase of the house, the house will belong to which party, so the real estate certificate will write the woman's name, and it will be divided according to the certificate when divorced.

It mainly depends on who contributes more, if the man makes a down payment and the two of them provide together, then the part of the down payment will be calculated from the current house price to the man, and the part of the house will be divided equally, and if the man only writes the woman's name in full money, then the woman may not get anything according to the current marriage law.

Write the woman's name, as long as it is the joint property of the man and the woman, the property will be divided in the divorce.

The real estate certificate is written in the woman's name, but I don't know if you bought this house before marriage or after marriage? And if it was bought before marriage, who would pay for it? There are certain factors in this, so it can't be considered from many aspects simply in whose name the house is.

It depends on who finances the money for the house, and who can prove that the house is anyone's.

It seems that the main thing is who spends money to buy the house, and the house belongs to whomever it is.

Legal analysis: If the woman quietly buys the property before marriage and registers the property in the woman's name after marriage, it belongs to the woman's personal property, and the man has no right to ask for division. If the property registered in the woman's name is jointly purchased by the husband and wife after marriage, it is still the joint property of the husband and wife and can be divided by agreement of the parties.

Basis: Article 1087 of the Civil Code of the People's Republic of China In the event of divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties;If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.

The rights and interests assigned and enjoyed by the husband or wife in the contracting and management of family land shall be protected in accordance with law.

The addition of the woman's name on the real estate certificate is regarded as a gift to the woman, which is the joint property of the husband and wife, and is divided according to the joint property of the husband and wife in the event of divorce.

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) The income from the production, operation and investment of jujube;(3) Proceeds from the demolition 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.