Is the property personal property, or is it joint property?

The down payment must belong to A, the house is A's personal property, and the part of the joint repayment of the mortgage after marriage and the part of the increase in the value of the house during the marriage are the joint property of the husband and wife.

Hello. This house is A's personal property, and if the loan is repaid jointly after marriage, the divorce cannot be negotiated, and the house belongs to A, but a certain amount of compensation must be paid to the other party.

However, it should be noted that after the real estate certificate is issued, if the other party's name is added, this act is a gift, so that the house will be divided among the joint property of the husband and wife when the divorce occurs.

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1. If the loan is paid in installments, and the two husbands and wives repay the loan jointly after marriage, it is joint property.

2. The so-called premarital personal property must be purchased before marriage, and it can only be regarded as premarital personal property if it is purchased in full.

The key issue is that after marriage, all your income is considered as joint property of the husband and wife, so even if you repay the loan in your own name, it is also a joint repayment of the loan by the husband and wife, so the house is jointly owned.

Whose real estate is according to the name on the real estate certificate, if you don't apply for the ** name, after the current application, it is only a property belonging to A. If you apply for the names of the two people before coming down, it will be according to the joint property of the two people, because your situation is that the real estate certificate has not been obtained.

Take a simple example and you can understand: why do many mothers-in-law now require their son-in-law to add their daughter's name to the real estate certificate before their daughter gets married?

It depends on the future, who does the real estate certificate do?

It depends on who pays the money to repay the loan!

Legal Analysis: Case-by-case scenario. The full payment made by one of the parties before the marriage is legally personal property; The purchase of a house before marriage is funded by two people, although the marriage is not married, but the two jointly contribute to Kairuwang to buy a house, and the property is considered a joint property; If one person pays a down payment and repays the loan after marriage, and the law stipulates that if one party pays the down payment for the purchase of a house before marriage, the part of the down payment belongs to personal property, and the part of the loan repaid after marriage belongs to joint property and shall be divided by 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 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) 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.

Legal analysis: look at whether the house is pre-marital or post-marital property.

In the first case, before marriage, the man buys a house in one name and pays a down payment, and after marriage, the husband and wife jointly repay the mortgage. It shall belong to the personal property before marriage, and the part of the loan repayment after marriage shall be regarded as joint property, and the woman shall share the property with half of the repayment and interest.

In the second case, before marriage, the man fully funded the purchase of the house, and after the marriage, the wife asked to add her name to the real estate certificate, and the property became the joint property of the husband and wife. Property that is given by the man to the woman shall be divided in the divorce.

In the third case, if the husband and wife purchase a house after marriage, and the real estate certificate is in the name of one of the husbands, the real estate shall be the joint property of the husband and wife after marriage.

In the fourth case, if the man fully invests in the purchase of the house before marriage, and after the marriage, the wife requests to change the name on the real estate certificate to the name of the woman, and the property should belong to the woman's property.

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 a violent marriage 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) 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:

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 only to one party;

4) Daily necessities for the exclusive use of one side;

5) Other property that shall belong to one side.

1. The personal property of the husband and wife refers to the personal property of the husband and wife before marriage or the property obtained during the existence of the marital relationship with strong personal exclusivity or property that cannot be used by others. In the event of divorce, the spouses' personal property shall belong to each spouse.

The following property shall be the personal property of the husband and wife:

1) The property owned and acquired by either party before marriage, including the income from personal labor, the property inherited, inherited or bequeathed before the marriage, and other legal income, as well as the property acquired for the marriage. After marriage, the husband or wife already has exclusive daily necessities, such as clothing, etc.

2) After marriage, one of the spouses engages in occupation, hobbies and other special property, such as books, tools, etc.

3) Subsidies, welfare property, personal insurance premiums, disability compensation, personal injury compensation, etc. of a personal nature of one of the spouses after marriage. For example, the demobilization and transfer expenses received by demobilized and demobilized servicemen, the medical subsidies brought back by demobilized servicemen from the army and the production subsidies for returning to their hometowns, and the honorary prizes and bonuses received by one party after marriage in social contributions.

4) Property or property rights acquired by one of the spouses through inheritance, acceptance of gifts, or bequests after marriage.

2. The joint property of husband and wife refers to the property acquired by the husband and wife during the existence of the marital relationship and shall be jointly owned by the husband and wife, that is, the following property acquired by the husband and wife during the existence of the marital relationship shall be jointly owned by the husband and wife:

1) Wages and bonuses refer to the salaries, bonus incomes and various welfare policy income and subsidies of one or both parties during the existence of the husband and wife relationship;

2) Income from production and business operation refers to the income from production and business operation of one or both husband and wife during the existence of the husband and wife relationship;

3) The income of intellectual property rights refers to the income of intellectual property rights owned by one or both spouses during the existence of the relationship between husband and wife;

4) Property obtained by inheritance or gift refers to the property obtained by one or both parties as a result of inheritance and acceptance of gifts during the existence of the marital relationship. In the case of inheritance income, it refers to the acquisition of property rights, not the actual possession of property. Even if the marriage is not actually in possession before the termination of the relationship, as long as the inheritance occurs during the existence of the relationship between the husband and wife, the inherited property is also the joint property of the husband and wife, except as provided for in paragraph 3 of article 18 of this Law;

For example, if the father's father left a will before his death, specifying that the property left by him after his death is only owned by the husband alone, then this part of the property is not the joint property of the husband and wife, and the woman cannot enjoy the rights. Hehe, therefore, readers who read this article can "keep a hand" according to this legal provision. The same is true for gifts, if the donor expressly indicates that only one of the spouses is entitled to the gift, the other spouse is not entitled to claim a division in the event of divorce.

5) Other property that should be jointly owned.

6) Housing subsidies and housing provident funds actually obtained or should be obtained by both parties.

7) The endowment insurance money and bankruptcy settlement compensation actually obtained or should be obtained by both parties.

8) The part of the marital relationship that should be shared by the husband and wife during the existence of the marital relationship, such as demobilization allowance and self-employment allowance paid to the name of the soldier.

It is the joint property of the husband and wife: the salary, bonus and remuneration for labor services received by the husband and wife during the existence of the marital relationship; income from production, operation and investment; Proceeds from intellectual property rights, etc. Personal property includes:

a party's pre-marital property; compensation or compensation received by a party for personal injury; Property that is determined in a will or gift contract to belong to only one party; Daily necessities for one party, etc.

[Legal basis].Article 1062 of the Civil Code.

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) Production, operation, and investment in the collection of profits;

(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:

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 should be hidden in the first round of the party.