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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) income from intellectual property rights;
4) Inherited or donated property, except where it is specifically agreed upon for individuals;
5) Other property that shall be jointly owned.
Husband and wife have equal rights to dispose of joint property.
Legal basis. Article 1062 of the Civil Code of the People's Republic of China [Joint Property of Husband and Wife] The following property acquired by husband and wife during the existence of their marital relationship is the joint property of the husband and wife and is 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 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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The house bought after marriage is the property jointly owned by the husband and wife, and all the property purchased after the marriage belongs to the joint property of the husband and wife.
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You said that the house you bought after marriage is not the joint property of the husband and wife, because the house you bought after you got married should be counted.
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The house bought after marriage must be the joint property of the husband and wife, because there is now a law that says that no matter whether the wife is at home with the children or goes out to make money, it is for the family, and the purchase of a house after marriage must belong to the joint property of the husband and wife.
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1. If there is no clear agreement between the two parties on the house purchased during the marriage, if there is only one person's name on the real estate certificate, it is considered to belong to the joint property of the husband and wife;
2. If the real estate purchased by the parents of the husband and wife is registered in the name of one of the husband and wife, the real estate shall be deemed to be jointly enjoyed by the husband and wife according to the share of their parents' contributions, unless otherwise agreed by the parties.
Which are personal 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.
That is to say, parents can pay for the purchase of the house, and they will clearly indicate that the house will be given to the individual only, and it is best to use a notarized way to make a clear gift.
What are the precautions for buying a house after marriage.
1. Both parties are present in person.
The process of buying a house is complex, involving the signing of the sales contract, applying for a mortgage, and closing the transaction, which requires the presence of both husband and wife. In addition to signing the real estate sales contract, both parties are required to be present in person when applying for a mortgage or going through the transfer procedures. When going through the transfer procedures, both parties need to be present to sign and confirm.
However, if you are unable to be present, you must also go through the procedures for notarization and collection of entrustment, and explain the relevant matters clearly.
2. Prepare your documents.
There are many documents that husband and wife need to provide to buy a house together, so it is recommended that you prepare them in advance.
3. The main loan and the subprime loan are particular.
When the husband and wife repay the loan jointly, when determining the main lender and the secondary lender, it must be determined according to the actual situation. When determining the main lender, you should choose the one with a higher and more stable income between the husband and wife, and pay attention to the age limit, otherwise the loan term will be affected.
4. Reasonable distribution of shares.
When a husband and wife buy a house together, the share of the property should be determined in advance to avoid disputes in the future. If the choice is co-ownership, both parties have the same rights and interests; If it is co-owned by shares, it needs to be divided in advance and stated on the title deed.
Article 1062 of the Civil Code [Joint Property of Husband and Wife] 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 is 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 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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Legal analysis: after marriage, the joint contribution of both parties, regardless of whose name it is registered, is the joint property of the husband and wife;
Where one of the parents contributes the full amount and is registered in the name of one of the parents, it is the personal property of one of the parents.
Legal basis: Article 1062 of the Civil Code of the People's Republic of China provides 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 the joint property of the husband and wife: (1) wages, bonuses, and labor remuneration; (2) Income from production, operation and investment; 3) income from intellectual property rights; (4) Inherited or bequeathed property, except as provided for in item 3 of Article 1063 of this Law; (5) Other property that should be jointly owned.
Husbands and wives have equal rights to dispose of joint property.
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Legal Analysis: The house bought after marriage is the joint property of the husband and wife. After the husband and wife get married, the property acquired during the existence of the marital relationship, except for the property that is determined to belong to only one party in the will or gift contract, is the joint property of the husband and wife.
Husband and wife have equal rights to dispose of joint property.
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 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 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 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 or compensation received by one party for personal injury; (3) Splitting the property that is determined in the 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.
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The house bought after marriage is generally the joint property of the husband and wife. Where there is no agreement on the property acquired by the husband and wife during the existence of the marital relationship, it shall be the joint property of the husband and wife. If the husband and wife expressly agree that the house purchased after marriage belongs to one of the parties and is agreed in writing, the house is personal property.
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 respective parents' share of the capital contribution, unless otherwise agreed by the parties. If one of the parents pays the money, the real estate certificate can only write the name of one person, if both parents stop the trouble and jointly contribute the money, and the husband and wife repay the loan, the real estate certificate writes the names of the husband and wife, which is the joint property of the husband and wife. Even if one of the parents pays for the repayment of the loan, as long as the names of both husband and wife are written on the real estate certificate, it is also the joint property of the husband and wife.
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) income from 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.
The principle of the division of divorced property is simplified and the allocation of the property is stimulated.
The principles for the distribution of property in divorce are as follows:
1. Adhere to the principle of equality between men and women, when dividing common property, both parties should have equal rights, and cannot give one party less or part of his or her property because of his low economic income or no economic income;
2. Adhere to the principle of taking care of the interests of children and women, there is still a certain gap between the economic conditions of women and men in our country, and the interests of women and children should be properly taken into account in the division of property, and the party raising minor children should be appropriately given more property;
3. The principle of taking care of the innocent party, if one party commits bigamy, cohabitation with another person with a spouse, commits domestic violence and abuse, or abandons a family member, the innocent party has the right to claim damages, but if he is at fault, it does not mean that he will leave the house.
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Hello, the house bought after marriage is generally the joint property of the husband and wife. However, it is also necessary to combine the specific contribution, the agreement of the two parties, etc., to judge the trembling harmony.
For example, after marriage, if one party uses the property of a person before marriage to buy a house with full money, and it is only registered in the name of one party, it will be recognized as the personal property of one party.
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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 the concession of intellectual property;
4) Inherited or donated property, except where it is specifically agreed upon for individuals;
5) Other property that shall be jointly owned.
Husband and wife have equal rights to dispose of joint property.
Legal basis. Article 1062 of the Civil Code of the People's Republic of China [Joint Property of Husband and Wife] The following property acquired by husband and wife during the existence of their marital relationship is the joint property of the husband and wife and is jointly owned by the husband and wife: (1) wages, bonuses, and remuneration for labor services; (2) Income from production, economic operation and investment; 3) income from 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. Limb barricades.
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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 marriage relationship between the husband and wife, if the husband and wife do not have a clear agreement, 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
1. If the husband and wife do not expressly agree on the house purchased during the marriage of the husband and wife, only the name of one of them 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' capital contributions, unless otherwise agreed by the parties;
3. If the house is bought by the husband and wife, when divorced, if one party wants to have the right to use the house, the appraisal unit will evaluate it, and then distribute it to the other party, if both parties want to have the ownership of the house, both parties will bid, if both parties do not want the house, the people's court will auction it, and then distribute it.
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) the 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 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:
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.
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