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Generally speaking, a property purchased after marriage is part of the joint property of the husband and wife, regardless of which name the property is registered in. However, there are four exceptions:
1.Parents donate real estate. In addition, after the marriage of the husband and wife, the property that is determined in the will or gift contract to belong to only one of the husband or wife is not the joint property of the husband and wife.
2.If the husband and wife agree in writing that the property purchased after the marriage belongs to one party, it will also be regarded as personal property in the event of divorce.
3.Property purchased with pre-marital personal property and registered in the name of one of the contributors. However, in this case, sufficient evidence is required to determine the personal property of one of the spouses.
The party claiming personal property must provide sufficient evidence to prove that the purchase price of the property is paid by his or her personal pre-marital property.
4.If one of the husband and wife signs a real estate sales contract before marriage, pays the down payment with personal property, and takes out a loan from the bank, and repays the loan with the joint property of the husband and wife after marriage, and the real estate is registered in the name of the party who paid the down payment, the two parties shall agree to deal with it at the time of divorce. If no agreement can be reached, the court may make a judgment that the party with property rights registration shall compensate the other party for the joint repayment of the loan and the increase in property value after marriage.
The key to the fact that the property purchased by the husband and wife after marriage is not recognized as the joint property of the husband and wife is that if one of the spouses can prove that the purchase price is his personal property before the marriage, and the ownership is registered in the name of the individual, then the property should be recognized as the personal property of one party before the marriage and not the joint property of the husband and wife.
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What is the focus of your question?
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If you want to become personal property, you need both parties to sign an agreed agreement, and when you register with the housing management department together, you can register it as personal property.
Article 19 of the Marriage Law: Husband and wife may stipulate that property acquired during the existence of the marital relationship and property before marriage shall be owned separately or jointly, or partly separately and partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is unclear, the provisions of articles 17 and 18 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 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 third party, the debts shall be paid off with the property owned by the husband or the wife.
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If you want to buy a house after marriage as personal property, you must sign it by your spouse.
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Whether it is a one-time payment or an installment payment, if the names of the couple are written, both parties need to sign. 2.If a person's name is written, only one person is required to sign the Civil Code of the People's Republic of China Article 1062 The following property acquired by a 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.
Question: Does one spouse need to sign if the other spouse is in prison and the other spouse buys the house in full?
Answer: If you are buying another house, one spouse does not have to sign the house. If one party buys a house with funds legally owned by the individual, the other party's signature is not required; If the house is purchased with the joint property of the husband and wife, with the consent of the other party, it can be signed on behalf of the other party.
Question: Since the property jointly owned by one party in prison is subject to compulsory auction, can the other party buy a house on his own after receiving half of the income?
Is it affected by local regulations?
In the area where the question is asked, both husband and wife must be present. But the other party is in prison, can he buy a house by himself?
Thank you for your question! Is it okay if I don't write the other person's name?
The answer is no, because there will be these three situations: the purchased house is registered in the name of one party, and the property right of the house belongs to the personal property of the registrant before marriage, and the property right of the house does not participate in the division and distribution of common property at the time of divorce, and belongs to the personal owner of the registrant.
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