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How much do you know about whose name is written when buying a house after marriage, and whether it belongs to the joint property of the husband and wife.
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Whatever you buy after marriage, no matter whose name you write, is joint property.
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1. If you buy a house before marriage and the house payment is paid in full, it is 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 made before marriage, and the rest is mortgaged, and the name of one party (or their 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 event of divorce.
3. If you buy a house after marriage, according to the relevant laws and regulations, the property is marital property and the joint property of the husband and wife, and it should normally be divided by one person and half.
Legal basis: According to Article 1062 of the Civil Code of the People's Republic of China and the 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 1063 of this Law;
5. Defamation) and other property that shall be jointly owned.
Husband and wife have equal rights to dispose of joint property.
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Legal analysis: 1. If the house purchased during the marriage of the husband and wife does not have a clear agreement between the husband and wife, only the name of one of them is 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' contributions, unless otherwise agreed by the parties.
3. If the immovable property purchased by one of the parents for the children after marriage is registered in the name of the investor's children, it may be regarded as a gift to only one of the children in accordance with the regulations, and the immovable property shall be recognized as the personal property of one of the husband and wife.
Legal basis: Article 1062 of the Civil Code of the People's Republic of China The following property acquired by a husband and wife during the existence of a marital relationship is 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 of the trouser warriors 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.
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Legal analysis: Buying a house after marriage and writing your name belongs to the joint property of the husband and wife. If the husband and wife do not expressly agree on the purchase of a house during the marriage, the property ownership certificate shall be the joint property of the husband and wife, regardless of whose name it is registered in.
In addition, if one of the parents makes a down payment and registers it in the name of one of the parents after marriage, the part of the down payment is regarded as a gift to the children personally, and the part of the joint loan repayment and the corresponding increase in value after marriage belong to the joint property of the husband and wife.
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 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 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.
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If there is no express agreement between the husband and wife, only the name of one of them is written on the real estate certificate, and it shall be recognized as the joint property of the husband and wife; 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: wages, bonuses and other remuneration for services, etc. Front barricade.
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) Remuneration for wages, bonuses and other 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 by Piyan.
Husband and wife have equal rights to dispose of joint property.
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Be.
Civil Code (in force) Buying a house after marriage and writing the name of one party belongs to common property:
1. If the husband and wife do not have a clear agreement on the house purchased during the marriage of the husband and wife, and only the name of one of them is written on the real estate certificate, it shall be recognized as the joint property of the husband and wife;
2. Where 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 in accordance with the share of their respective parents' contributions, unless otherwise agreed by the parties. If the house purchased is jointly owned by the husband and wife, and in the event of divorce, if one party wants to own 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 own the house, the two parties will bid; If neither party wants the house, the people's court will auction it and then distribute it.
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A house bought after marriage with a person's name written on it is considered joint property. When the parties to the purchase of real estate during the existence of the marital relationship do not have a special agreement, only one person's name will generally be considered as the joint property of the husband and wife, except for the following circumstances:
1. The purchase is funded by both parents, registered in the name of one party, and there is no special agreement, it shall be deemed to be shared according to the share of the respective parents' capital contribution;
2. If one of the parents contributes capital to register in the name of his or her child after marriage, it shall be regarded as a gift to only one of his children, and shall not be regarded as the joint property of the husband and wife.
There are several types of houses that are jointly owned by husband and wife:
1. Public housing, commercial housing, affordable housing and private housing jointly purchased by the husband and wife during the marriage;
2. The house rented by one of the husband and wife before marriage and purchased with the joint property of the husband and wife after marriage;
3. Public housing, commercial housing, affordable housing and other housing jointly purchased by both men and women with the savings of both men and women before marriage;
4. A house purchased or built by one party before marriage and rebuilt with common property after marriage; where only part of the reconstruction or expansion is made, the part of the reconstruction or expansion is jointly owned by the husband and wife;
5. Before marriage, the house purchased by the parents is clearly donated to the husband and wife;
6. After marriage, the parents have contributed to the purchase of a house for both parties, and have not expressly expressed the gift to the husband or wife;
7. The house inherited by one or both parties during the marriage relationship shall be jointly owned by the husband and wife, except for those that are determined in the will to belong to only one of the husband or wife.
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 labor remuneration;
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 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.
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