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If you love each other, do you think she really wants to go down with you or just because of the house, you have to get a good understanding, if she is only willing to be with you because of the house, then it is inevitable that she will have other thoughts in the future and leave you, if she really loves you then you can also feel what she means, you have to see what she means from everything she does and does, because of the house then you have to think about it, don't end up with two empty people.
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Feelings are about fate and timing Because it's not so easy to meet someone you like and the right person So don't be in a hurry You have to be patient Wait and look for it slowly First of all, think about what kind of person you need Don't be too blind Then when you meet that person, you can grasp the opportunity and make yourself better to have more opportunities At the same time, I don't recommend falling in love for the sake of falling in love It's best to meet the right person at the right time If you're really anxious, expand your social circle Get to know more people, and then it's time to take the initiative, don't back down, seize the opportunity. You.
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I think it's all very reasonable, because two people will definitely become a couple in the future.
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It's unreasonable, because the money is self-paid, it's okay to write her name, it's reasonable not to write her name, and it's a bit too much to force it.
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Legal analysis: This house is a pre-marital property. The Civil Code provides:
If one of the spouses buys a house with personal property before marriage and takes out a mortgage loan, and the property right is registered in his or her own name, the house is still his personal property, and the mortgage loan manuscript is his personal debt. After the marriage, one of the spouses participates in the repayment of the loan, and the disturbance of the tomb does not change the nature of the house as personal property. Where the law has other provisions, those provisions shall be followed.
Legal basis: "Interpretation of the Supreme People's Court on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China" Article 27: Where a house rented by one party before marriage and purchased with joint property after marriage is registered in the name of one party, it shall be recognized as the joint property of the husband and wife.
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Summary. If the property purchased in the woman's name before marriage is personal property, if the husband and wife buy a house with joint property after marriage, the house is registered in the name of one party and belongs to the joint property of the husband and wife.
The boyfriend paid the full amount for the house that the girl bought before marriage, and the woman's name in the house book is counted as the woman's after marriage.
If the purchase in the woman's name is personal property and joint property before marriage, if the husband and wife use the joint property to buy the house after marriage, the house is registered in the name of one party and belongs to the joint property of the husband and wife.
That is to say, even if it is the woman's name, as long as it is purchased by the man in full before marriage, it is not considered joint property after marriage.
It can only be regarded as the man's pre-marital personal property.
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Before marriage, the boy bought the house in full and wrote the woman's name, would you add her name to the real estate deed? No. Everyone has a different opinion on this matter.
Some people feel that it is also a grind for women for men, which can give them a sense of belonging; There are also some people who feel that what if a woman loves money? What about from a regulatory point of view?
Before the marriage, one party paid in full to buy a house for the record, and there are no special circumstances, and the house is naturally my pre-marital real estate. If one party buys a house by way of loan repayment before marriage, and it involves repaying the loan together after marriage, when divorced, the repayment will be made together after marriage and the corresponding appreciation part, and the other half has the right to be divided. Don't say, "I'll use my own salary to repay the loan", there is no unique commitment after marriage, and the salary and other benefits of either party are all the joint property of the husband and wife.
Therefore, the idea of borrowing money to buy a house before marriage, wanting the other party to participate in the repayment and not having the right to divide the bed, is not recognized by laws and regulations!
In the case of a man who buys a house with full payment before marriage, if a woman's name is added to the title deed, it is significant that the real estate becomes a common asset, and the characteristics are attributed to gifts.
There are different methods of addition and subtraction, if the market share of each other is established at the time of addition, and the legal and regulatory attribution is "common ownership", most of them are based on the determined market share to clarify ownership. If it is not established that the market share is attributable to the "joint property of the husband and wife" at the time of name addition, theoretically the rights are the same, but it is also possible to clarify the difference in the market share according to the specific circumstances.
There is a kind of "male full payment to buy a house, even if the house book adds a woman's name, it is useless, divorce or assessment is all for men!" This kind of viewpoint, if it is not obtained under special conditions, is basically a rumor of laws and regulations! However, in special circumstances, even if a woman's name is added to the house book, she will not have the right to divide it at the time of divorce.
There is usually a unique promise: the man's pre-marital property is given to the woman before or after the marriage. However, in laws and regulations, gifts can be attached, such as adding a woman's name before marriage to a marriage condition, and adding a woman's name after marriage to a certain length of time.
If the gift is made with a standard, when the standard for the gift to take effect is not created or the standard for the revocation of the gift is created, it is very likely that "the name is added in vain". But this kind of label must be expressed in a very definite form.
In fact, it is not written on the real estate certificate, it is nothing more than worrying that if you divorce later, you will suffer a big loss in assets. Therefore, if you are really worried about such a thing, you can sign a written agreement before getting married at the same time, and make the relevant issues clear in advance, in case of divorce in the future, you are not afraid, at least at the asset level, it can be analyzed.
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I think I will add the name of the party to the real estate certificate, because since the other party is willing to starve and form a family with me, it shows that he is also very cautious about the marriage of the chain model, and he has made a very big sacrifice to take care of the family for his own children, and I think the name of the other party should be added to the real estate certificate.
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Legal analysis: 1. The name of the real estate certificate is added after marriage
If there is only one party's name on the real estate certificate and you want to add the other party's name now, you only need to fill out an application for the joint ownership of the property in the office hall of the housing authority with the marriage certificate, ID card and real estate certificate, and you can handle the business of adding co-owners to the real estate certificate, including the cost of matching pictures, registration fees, etc., which is about 100 yuan.
2. Add name before marriage of real estate certificate:
If the house is purchased by one party before marriage, and after marriage, the spouse's name also wants to be added as the co-owner of the house, then it is necessary to go through the procedure of real estate transaction, that is, through the transfer or gift of second-hand housing, in which case it is necessary to pay deed tax, personal income tax, business tax and other taxes.
Legal basis: Civil Code of the People's Republic of China
Article 180:Where civil obligations cannot be performed due to force majeure, civil liability is not borne. Where the law provides otherwise, follow those provisions.
Force majeure is an objective circumstance that cannot be foreseen, avoided and overcome.
Article 181:Where harm is caused by legitimate defense, civil liability is not borne.
Where legitimate defense exceeds the necessary limits and causes undue harm, the defender shall bear appropriate civil liability.
Article 1060 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) The property which shall belong to the joint ownership.
Husband and wife have equal rights to dispose of joint property.
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Legal analysis: The woman's name is added to the real estate before marriage, and the property is changed from individual ownership to joint ownership by two people, and there is an agreement in the divorce according to the agreement, and there is no agreement that it can be divided equally. In addition, the creation, alteration, transfer and extinction of immovable property rights shall become effective upon registration in accordance with the law; Without registration, it shall not take effect, unless otherwise provided by law.
Legal basis: Civil Code of the People's Republic of Tanhua
Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.
The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.
Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.
People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.
In any of the following circumstances, if mediation fails, a divorce shall be granted:
1) bigamy or cohabitation with another person;
2) Committing domestic violence or abusing or abandoning family members;
3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;
4) Separated for two years due to emotional discord;
5) Other circumstances that lead to the breakdown of the relationship between husband and wife.
Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.
Where, after a people's court has ruled that a divorce is not permitted, the party who has been disturbed by the two evils has been separated for another year, and one party initiates divorce proceedings again, the divorce shall be granted.
Article 1008 Rent 15 After divorce, if the children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.
The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.
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.
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Legal analysis: During the relationship, after one party contributes capital, the act of registering the other party on the house ownership certificate should be a kind of gift with obligations. A conditional gift contract, also known as a gift contract with obligations, refers to a gift contract in which the donor requires the donee to meet certain conditions when donating property or property rights.
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 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; Chain relatives.
2) Income from production, operation and investment;
Sanlu Chong) intellectual property rights;
4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law; Shed Xiling.
5) Other property that shall be jointly owned.
Husband and wife have equal rights to dispose of joint property.
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