Why is it written on the title deed that it is owned separately?

Title Deed. If it is stated as a separate property, it refers to the property right of the house.

It is the sole property owner of the registered property and has no other owner. However, under the principle of joint ownership of property between husband and wife, if the property is purchased after marriage and there is no other written agreement between the husband and wife on the division of property rights, no matter who the name registered on the property ownership certificate is, in principle, it belongs to the husband and wife in common. If the house is purchased by one party as a sole proprietorship before marriage, it is considered as one party's pre-marital property in principle.

The other party does not occupy the property rights.

According to the interpretation of the Property Law, the ownership of property can be divided into two forms: individual ownership and a total of two forms. Sole ownership means that the subject of ownership of property is single, that is, a person alone enjoys ownership of a certain property.

The so-called co-ownership means that two or more rights holders jointly enjoy the ownership of a certain property, in other words, it means that multiple rights holders jointly enjoy ownership of a thing.

Now the registration of property rights is owned separately, which means that the property rights belong to the registrant and have nothing to do with other people. It is possible to apply for a correction of the registration of the property as joint ownership - joint ownership of the husband and wife. The most typical form of co-ownership is marital co-ownership.

China's Civil Code.

It stipulates that the following property acquired by husband and wife during the existence of the marital relationship shall be jointly owned by the husband and wife: first, wages and bonuses; the second is the income from production and operation; third, the income of intellectual property rights; Fourth, property obtained by inheritance or gift, but a will or gift contract.

except for property that is determined to belong to only one of the husband or wife; Fifth, other property that should be jointly owned. Husbands and wives have equal rights to dispose of jointly owned property. For example, if the husband and wife sell or donate property that is jointly owned by the husband and wife, they should reach a consensus.

Where one of the spouses clearly knows that the other party has disposed of property but does not make a negative expression, it shall be deemed to have consented.

The real estate certificate can be written that the husband and wife jointly owned or written separately, the nature of the two is completely different, how to divorce, separate before marriage So, divorce and the other half have nothing to do with it, no need to divide the property, joint property after marriage, divorce needs one person and a half!

Determine the property rights, you can not write it.

After marriage, the real estate certificate is written separately, which means that no matter what changes in the words, the property belongs to him personally, and it has nothing to do with other people's spouses, and this situation is generally due to the fact that one of the parents pays for the purchase of the house or the second marriage pays for the purchase of the house.

That's because the house belongs to him alone.

Because many real estate deeds now have the names of two people written on them, they are called joint holdings.

If it is a person's name, then naturally it will be displayed separately.

The title deed indicates the ownership of the house, and sole ownership means that the house is owned by the person alone.

Confirm that the ownership of the house is owned by the individual and not shared with others.

Why is it written on the title deed that it is owned separately? If there is a special word on the property ownership certificate, you can ask the issuing unit of the property ownership certificate, ask what the meaning of this word says about the ownership of the house, and they will patiently explain it to you.

The purpose is to keep the property for yourself, and I really want to help you look forward to it.

Legal Analysis: Sole ownership means that only one of the spouses owns it. 1. If the real estate certificate indicates that it is owned separately, it means that it is owned by the other party, that is, the ownership of the property belongs to him 100%.

2. First of all, buying a house before marriage and obtaining a real estate certificate after marriage is the personal property of the husband and wife. 3. In accordance with the relevant laws and regulations, regardless of whether the name of one party or both parties is on the real estate certificate, as long as it is the property right of the house obtained by the husband and wife through joint contribution (including loans) after marriage, it is joint property. 4. If one of the spouses has paid the full amount of the house before marriage and obtained the real estate certificate, then the house is pre-marital property.

Therefore, in the event of a divorce, the other party has no right to claim a partition.

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

Article 214 Where the creation, alteration, transfer or extinction of real estate rights shall be registered in accordance with the provisions of law, they shall take effect when they are recorded in the real estate register.

Article 215:Unless otherwise provided by law or otherwise agreed by the parties, a contract concluded between the parties concerning the creation, modification, transfer or extinction of real estate rights shall take effect upon the conclusion of the contract; If the property right is not registered, the validity of the contract shall not be affected.

Article 1062: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: Not necessarily. Regardless of whether the name of one party or both parties is on the title deed, as long as the property rights of the house are jointly funded (including loans) by the husband and wife after marriage, they are joint property.

The sole ownership on the real estate certificate means that the property rights of the house belong to the registered property owner and there is no other owner. In the case of joint ownership, it means that the parties named in the title deed jointly own the property and jointly exercise their rights to the property. If one of the spouses has paid the full amount of the house before the marriage and obtained the title deed, then the house is pre-marital property.

Therefore, in the event of a divorce, the other party has no right to claim a partition. One of the husband and wife buys a house through a mortgage loan before marriage and obtains a real estate certificate, and the house is jointly repaid by the husband and wife after marriage, and the house is divided after divorce. Although the house was purchased by one party before the marriage, the part of the house that increases in value after the marriage and the part that the loan is jointly repaid shall be regarded as joint property unless otherwise agreed by the husband and wife.

It should be noted that the joint repayment of the loan, whether it is repaid by one party with his or her own salary or by both parties, shall be recognized as the joint property of the husband and wife. Of course, if one party can indeed prove that the loan repayment funds are from the individual's pre-marital property, then this part should not be recognized as 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) 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 1087: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.

Derivative question: How to divide the house after divorce if the husband and wife contribute capital (including loans) to obtain the property rights of the house? First of all, the property rights are clear, whether it is the name of one party or both parties on the title deed, it is joint property.

Secondly, it is clear that the output value, that is, the value of the house, is calculated according to the market price, not the amount of the original purchase contract. Again, distinguish between the equity part and the debt part. If a loan is involved, the loan part must be removed first.

In other words, the party that acquires the house pays half of the value of the house to the party who does not get the house, and the owner of the house pays the remaining principal and interest alone.

The title deed states that the individual owner is personal. If the party whose name appears on the property certificate of the shed does not admit that the other party contributed capital when purchasing the house, it is considered that the house belongs to his personal property before marriage and will not be divided. On the premise that it cannot be proved that it has contributed capital and that the chain is not a gift to one party, the rights and interests of the other party are powerless to be protected by the court.

In other words, even if the other party contributes the money, but the court cannot award appropriate compensation to one party if it can prove the capital contribution.

Legal basisArticle 34 of the Administrative Measures for the Sales of Commodity Housing.

Real estate development enterprises shall, before the delivery of commercial housing, entrust units with real estate surveying and mapping qualifications to carry out surveying and mapping according to the project, and the surveying and mapping results shall be submitted to the real estate administrative department for examination and approval for housing ownership registration.

The real estate development enterprise shall, within 60 days from the date of delivery of the commercial housing, submit the information required by it to handle the registration of housing ownership to the real estate administrative department where the housing is located.

Real estate development enterprises shall assist the buyers of commercial housing in handling the formalities for the change of land use rights and the registration of house ownership.

What materials are required to apply for a real estate certificate.

1. "Commercial Housing Pre-sale Contract";

2. Area compensation agreement, if the existing house is not this agreement;

3. The original online filing form, if the existing house is in the house, there is no online filing form;

4. Identification materials, such as ID card, copy of household registration book, etc.;

5. Marriage certificate;

6. Certificate of deed tax payment;

7. Receipts for special maintenance funds;

8. A copy of the household register.

Legal analysis: If the real estate certificate indicates that it is owned by a single person, it means that the property right of the house belongs to the registered owner and there is no other owner. However, under the principle of joint ownership of property between husband and wife, if the property is purchased after marriage and the husband and wife have no other written agreement on the division of property rights, no matter who the name registered on the real estate certificate is, in principle, it belongs to the husband and wife.

If the house is purchased by one party as a sole proprietorship before the marriage, it is in principle regarded as the property of one party before the marriage, and the other party does not occupy the property rights.

Legal basis: Interpretation of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Property Rights (1) Article 2 Where a party has evidence to prove that the record in the immovable property register is inconsistent with the real right status, and that he is the real owner of the real right in the immovable property, and requests confirmation of his enjoyment of the real right, it shall be supported.