There are only the names of the man s father and my husband on the real estate certificate, and I ca

According to the relevant provisions of the Marriage Law, after receiving the marriage certificate, the income of both spouses or one of the spouses, the gifts received, and the items purchased are all the joint property of the husband and wife. Therefore, the most important sign to distinguish between premarital property and postmarital property is to see whether the property is ** after marriage. Unless there is an agreement between the husband and wife during the marriage, it shall be handled in accordance with the agreement.

Pre-marital property belongs to the individual, and post-marital property belongs to the joint property of the husband and wife.

Based on the time of marriage registration, pre-marital property is personal property, and post-marital property is joint property of husband and wife.

It is personal property before marriage, and it is joint property after marriage if there is no agreement.

China's marriage law adopts a model of combining the legal marital property system and the agreed marital property system The legal property system refers to the husband and wife who have no agreement before or after marriage or when the agreement is invalid, and the relevant laws and regulations are directly applied The agreed marital property system is relative to the legal property system, which refers to the agreement between the husband and wife on the ownership and disposal of the property acquired before and after marriage and the division of property after the dissolution of the marital relationship through negotiation. and takes precedence over the matrimonial property regime applicable to the statutory matrimonial property regime The agreement on the matrimonial property regime should be in writing

Pre-marital property is the property that acquired ownership before marriage, and marital property is property that acquires ownership after marriage. The former cannot be divided in the event of divorce, while the latter is divided in half of the person in the event of divorce.

The wife and children are the first heirs. Unless they say in their will that they will leave it to his parents.

No, this is because the house was purchased by the man's parents, and the name on the property ownership certificate is also a person, so it does not belong to the joint property.

No, this is pre-marital property and belongs to the man, and post-marital joint property refers to the property obtained by two people through joint struggle, and also refers to the property that is owned after marriage.

In fact, if the house bought by the man's parents is written in the man's name on the real estate certificate, this does not belong to the joint property after marriage, but belongs to the property before marriage, so it is the man's property.

This is not considered community property. Husband and wife may agree that property acquired during the marriage and property acquired before marriage shall be separately or jointly owned or partly separately and partly jointly owned. The agreement shall be in writing.

Where there is no agreement or the agreement is not clear, the provisions of articles 17 and 18 of the "Marriage Law" shall apply.

In this case, the property is personal property before marriage, because the house was purchased by the parents before the marriage, so it belongs to the personal property before the marriage, and does not belong to the joint property of the husband and wife after the marriage.

Is the house bought by the man's parents with the man's name written on the real estate deed?

1. The house purchased by the husband's parents, which is generally given to the husband in this case, is the private property of the husband.

If the man's parents bought the house before the man's marriage, and the man's name is written on the real estate certificate, then the property is the man's private property, and the woman has no share. If the man's parents buy a house after marriage, and it is paid in full, it depends on the meaning of the man's parents, if it is given to the younger couple, even if one person's name is written, it also belongs to the joint property of the husband and wife. If the man's parents are gifting the property to their son, as the man's wife, she has the right to live and use it, and the woman has no right to dispose of it, she has no right to buy and sell, that is, the house belongs only to the man.

Second, if it is a loan to buy a house, and the two people repay the loan together, then the house has a part of the woman.

However, if the man's parents make a down payment, and the house needs to be repaid by the husband and wife together, then the value-added part of the house belongs to the joint property of the husband and wife, and no matter who has a higher or lower income level of the husband and wife, it should not affect the distribution of the value-added part of the property. As a parent, I have worked hard to buy a house for my children, and I have paid most of my efforts, and I should know how to be grateful to my children and must support the elderly well. And in the relationship between husband and wife, two people should not take property too seriously, even if it is the property of one party, if two people have lived together for a lifetime, two people live together in a house, the house has not been bought and sold, and may be left to the children of two people in the end, then it doesn't matter whose name is written on the real estate certificate, two people have a good relationship, there will be no conflict for this matter, if the relationship between the two is not good, of course, if the ownership of the property is more clear, the divorce will not be dragged out.

Legal analysis: At the time of marriage, the real estate certificate is in the name of the man's father, and it does not belong to 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 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.

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 side.

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.

My husband bought a house without writing my name, and whether it is considered the joint property of the husband and wife depends on the situation:

1. After marriage, one of the parents contributes capital.

1) If the names of both husband and wife are written on the property ownership certificate, it means that the house is a gift from the parents of the investor to the husband and wife, and it is naturally the joint property of the husband and wife, unless the parents have evidence to prove that the house is for one of the husband and wife.

2) If only the name of one of the spouses is written on the title deed, it means that the property is a gift from the parents to one of their children, not joint property. Except where there is an agreement between the parties.

2. After marriage, the parents of both parties contribute to the capital.

Both parents pay the down payment, and the husband and wife repay the loan together. This kind of house purchased by the husband and wife with joint funds during the existence of the marital relationship, if the parties have not agreed in advance, is recognized as the joint property of the husband and wife, even if only one person's name is written on the title certificate, it is also joint property.

3. After marriage, both husband and wife jointly contribute.

In this case, the house is considered joint property, regardless of which name it is registered in, unless there is an agreement between the spouses.

4. After marriage, one of the husband and wife contributes capital.

If the money for the down payment is his or her own pre-marital property, and there is evidence to prove the funds**, and the title deed is written in his or her own name, then it is his or her personal property, otherwise it is considered joint property, unless there is an agreement between the spouses.

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 1063 of this Law;

5) Other property that shall be jointly owned.

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

The real estate certificate used to be in my husband's name, and now the real estate is my father's name.

Hello dear, I can't divide it. Legal analysis: According to the Marriage Law, the joint property of husband and wife refers to the so-called joint property of husband and wife, which refers to the property jointly owned by the husband and wife during the existence of the relationship between husband and wife regulated by the Marriage Law of China.

The house is now not in the name of either of the husband and wife, does not belong to the joint property of the husband and wife, and will not be included in the scope of divorce property division. The house you live in now does not actually have ownership, only the right to use it. If you want to get a share of the property, unless your husband's father dies and the will does not clearly state that the house is for his son alone; The second option is to find a way to transfer the ownership of the house to your husband's name.

The woman cannot be separated without the consent of the man's parents. Because the man's parents have the right to occupy, use, benefit from, and dispose of the property owned by the man, the woman has no right to divide the property of the man's parents without the consent of the man's parents. Article 240 of the Civil Code provides that the owner shall have the right to possess, use, benefit from and dispose of his immovable or movable property in accordance with law.

Article 1092 of the Civil Code (effective January 1, 2021) Where one of the husband and wife conceals, transfers, sells, destroys, or squanders the joint property of the husband and wife, or falsifies the joint debts of the husband and wife in an attempt to encroach on the property of the other party, when dividing the joint property of the husband and wife in divorce, the party may share less or no share. After the divorce, if the other party discovers that he or she has committed any of the above-mentioned acts, he or she may file a lawsuit with the people's court to request that the joint property of the husband and wife be divided again.

If you buy a house after marriage, only the name of one of the spouses is written, and it does not necessarily belong to you alone. According to the provisions of the Civil Code, during the existence of the marital relationship, when one of the spouses purchases a house, if there is no clear agreement between the two parties or there is strong evidence to prove that the purchase price is all contributed by individuals, even if only the name of one spouse is written on the real estate certificate or only registered in the name of one party, it shall be recognized as the joint property of the husband and wife.