The real estate certificate is the man s name, and the woman wants to earn the man s real estate cer

Is the property purchased by one of the spouses before marriage considered joint property if they lived for more than 8 years after marriage?

Answer: 1) According to the new Marriage Act:

Article 18: In any of the following circumstances, it is the property of one of the husband and wife.

Paragraph 1: Pre-marital property of one party;

According to this article, pre-marital property is the property of one of the spouses and is not divided.

In other words, there is an essential difference between buying a house before and after marriage:

Buying a house before marriage: The property owner always has the name registered on the title deed, unless it is supplemented by the property owner after the marriage.

Buying a house after marriage: Regardless of whose name is registered on the title deed, it is the joint property of the husband and wife.

2) According to the Interpretation (II) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China

Article 22.

Where before the parties get married, the parents contribute to the purchase of a house for both parties, the contribution shall be deemed to be a personal gift to their children, unless the parents expressly express that the gift is made to both parties.

After the parties get married, where the parents contribute to the purchase of a house for both parties, the contribution shall be deemed to be a gift to both husband and wife, except where the parents expressly express that the gift is made to one of the parties.

If a property purchased by one party before marriage has the names of both parties on the property ownership certificate, can it be recognized as joint property?

A: The Marriage Act

Article 17: The following property acquired by husband and wife during the existence of their marital relationship shall be jointly owned by the husband and wife: 1) Wages and bonuses; �

2) the income from production and operation; �

3) income from intellectual property rights; �

4) Property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law; 5) Other property that shall be jointly owned. �

Husbands and wives have equal rights to dispose of jointly owned property. �

Article 18: In any of the following circumstances, it is the property of one of the husband and wife: 1) the premarital property of one party; �

2) Medical expenses, living allowances for the disabled, and other expenses received by one party as a result of bodily injury; 3) Property that is determined in the will or gift contract to belong to only one of the husband or wife; 4) Daily necessities for the exclusive use of one side; �

5) Other property that shall belong to one side.

What do you mean? I didn't understand that if you get married, it is the joint property of both parties. Looks like you're in trouble. I'm going to see a lawyer.

Legal Analysis: Depends on the circumstances. If the house is purchased after marriage, and the man and woman do not agree that the man and woman may agree that the property acquired during the marriage relationship shall be owned by each other, then the house purchased belongs to the two persons jointly and belongs to the joint property of the husband and wife.

Legal basis: Article 1065 of the Civil Code of the People's Republic of China A man and a woman may agree that property acquired during the marriage relationship and property 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.

Legal analysis: The man pays for the house bought before marriage, and the woman's name is written on the real estate certificate, which is the pre-marital property belonging to the woman, and it is not divided as the joint property of the husband and wife when divorced, so it belongs to the woman. If there is evidence to prove the capital contribution for the purchase of real estate, there will be a copy from the man.

If the man buys the house before marriage and writes the woman's name, and breaks up without getting married, this situation is a gift, the real estate certificate is the woman's name, and the money is equivalent to the man's gift to the woman, and the house belongs to the woman. Similarly, if there is evidence to prove that the purchase was financed, then the court will have a copy of the man's award.

Confirmation of house ownership, i.e., division and proof of ownership of house ownership. Corresponding to the way in which the property rights are obtained, the main ways to confirm the property rights of the houses are:

First, to verify whether there is a fact of the original acquisition of the ownership of the house;

Second, to verify whether there is a fact of inheritance to obtain the property rights of the house: the "facts" should first be based on documentary and physical evidence, and when there is no documentary and physical evidence, witnesses, testimony or other evidence can be found.

Legal basis: Article 1087 of the Civil Code of the People's Republic of China In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.

The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

Legal analysis: If there is an agreement, it will be distributed according to the agreement. If there is no agreement, then the sale is counted as a gift from the man to the woman, and it is divided equally.

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 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.

Regarding the real estate certificate only written in the woman's name, does the man have the right to ask for it back, the property given to the woman by the man before marriage, the man can ask for it back under certain conditions after the breakup. The specific way to do this is to revoke the gift. Revocation of gifts includes both arbitrary revocation and statutory revocation.

The arbitrary revocation of a gift means that after the gift contract is established and before the right to the donated property is transferred, the donor can no longer act as a gift according to his own will.

The law provides for the arbitrary revocation of a gift because the gift is a gratuitous act. Even if the gift contract has been established, the donor can still be allowed to revoke the gift for some reason, which is also a significant difference between the gift contract and other paid contracts.

In particular, the conclusion of some gift contracts is due to temporary emotional factors and is not considered, and if the donor is absolutely not allowed to revoke it, it will be too harsh on the donor and unfair.

Of course, if there is no restriction on arbitrariness, it is equivalent to the gift contract has no binding force, which is not only unfair to the donee, but also violates the principle of good faith, and is also an impact on social morality.

Therefore, there should be some restrictions on the revocation of gifts, mainly in the following aspects:

The donated property has been transferred to its rights.

If a part of the donated property has been delivered and its rights have been transferred, the arbitrary revocation of the gift is limited to the part that has not been delivered and has not transferred its rights, so as to maintain the stability of the rights and obligations between the parties to the gift contract.

The gift contract has been notarized after it has been concluded.

After the conclusion of the gift contract, the parties shall submit it to the notary public for notarization, indicating that the expression of their willingness to donate has been very prudent, so the donor shall not arbitrarily revoke the notarized gift contract.

Gifts with the nature of social welfare and moral obligation.

Gifts with the nature of social welfare mainly refer to gifts made for the purposes of disaster relief, poverty alleviation, education assistance, etc., or for the purpose of funding public facilities construction, environmental protection and other public undertakings. The nature of such a gift is public welfare, and the travel audit has determined that the donor may not arbitrarily revoke the gift.

The main points are: first, the donee committed a serious infringement, rather than a minor and ordinary infringement; Second, the donee infringes on the donor himself or his close relatives, including spouse, immediate family members (parents, children, grandparents, grandchildren, grandchildren, etc.), brothers and sisters. This does not apply if the offender is another relative or friend.

The title deed is in your name, which is your property, and he has no right to get it back.

You don't have to sign any other documents, such as a notarial agreement, to prove that you have gifted you the house.

In addition, you ask him to write your name on the other payment receipts for the property, which is the safest thing.

Even if all the proof of payment is in your name, there is no other evidence to prove that he gave you the house. Then there is no evidence that he wants to go back. The law stipulates that the acquisition of the ownership of the house shall be subject to the registration of property and filial piety, and the house shall be in the name of the woman, then the woman shall have the legal status of the property.

There are two ways to co-share the property rights of real estate, one is co-ownership, which is not divided into shares, that is, one person and a half, and the other is co-ownership by shares, which can be divided into shares, and the specific proportion of each is negotiated by the co-owners themselves.

Article 93 of the Property Law Immovable or movable property may be jointly owned by two or more units or individuals. Co-ownership includes co-ownership and co-ownership.

Article 94 Co-owners shall enjoy ownership of the immovable or movable property jointly owned by them in accordance with their shares.

Article 95 The co-owners shall enjoy the ownership of the immovable or movable property in common.

Legal analysis: If there is an agreement, it will be distributed according to the agreement. If there is no agreement, it will be counted as a gift from the man to the woman, and it will be divided equally.

Legal basis: Civil Code of the People's Republic of China

Article 1062 The 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, awards, 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.

Marriage and property have an inevitable relationship, newlyweds in the preparation for marriage will generally require a set of marital house, then the ownership of this set of marital house has become the key to the problem, the property obtained before marriage is personal property, after marriage to obtain property for the joint property of husband and wife. When buying a house before marriage, whoever has the name written on the house belongs to whomever it is. The house bought after marriage belongs to the joint property of the husband and wife, and in case of divorce, half of the other party will be dispersed, even if the other party did not spend a penny on the house.

According to the principle of publicity of property rights, whose name is written on the house ownership certificate is presumed to belong to whom, and the man's contribution to the purchase of the house before marriage can be regarded as a gift to the woman and belongs to the woman's personal property. As long as the man can prove that the house is funded by him, he can prove that the house is owned by him, even if the name on the real estate deed is the woman, it does not prevent the man from claiming rights. Therefore, after marriage, as long as the man has been proven, the house still belongs to the man.

Article 21 of the Interim Regulations on the Registration of Immovable Property The registration of the registered items shall be completed when they are recorded in the immovable property register. When the immovable property registration authority completes the registration, it shall, in accordance with the law, issue to the applicant a certificate of ownership or a certificate of registration. Article 60 of the Law of the People's Republic of China on the Administration of Urban Real Estate The State implements a system of registration and issuance of certificates for land use rights and house ownership.