If the down payment on the property is made by the man, how can it be considered joint property

1.In your case, joint property refers to the joint repayment of the loan after the marriage.

2.For the house and real estate before marriage, no matter how many years of marriage, that is to say, whether it is 5 years, 8 years or more than 10 years of marriage, the house and real estate before marriage of one party will always belong to one party, and it cannot be automatically converted into the joint property of the husband and wife, and the other party has no right to divide it when divorced. However, it should be emphasized here that for the house and real estate of one party before marriage, if the husband and wife reach a written agreement after marriage, and the agreement stipulates that the house before marriage belongs to the husband and wife, then the house before marriage becomes the joint property of the husband and wife, and it is to be divided at the time of divorce, because according to the provisions of the Marriage Law of the People's Republic of China, the husband and wife can make a written agreement on the ownership of property.

As long as such a written agreement is not illegal, it is valid and has legal effect.

3.There is no need to prove joint repayment, and the repayment after marriage is by default as joint repayment by the husband and wife. Pre-marital property always belongs to the individual.

1 Now your house is shared by both parties in joint repayment.

2 The latest judicial interpretation has no time limit of 8 years. Personal property is always personal, and common property is always shared.

The house is the husband's pre-marital property, and the loan repayment part is shared.

With the incorporation of the "Marriage Law" into the "Civil Code", and many articles have been changed, young people now will choose to buy after marriage, thinking that it will provide protection for their married life, if the down payment of the house purchased after marriage is completely paid by the man, and only the man's name is on the real estate certificate, will it belong to the joint property of the husband and wife? This problem should be bothering a lot of young people, let's analyze it:

1. It is the joint property of the husband and wife.

The registration of housing property rights is only a kind of registration and filing based on the application of the parties, which is procedural and formal" does not deny the principle of "publicity and public trust" of the Property Law, I just mean that the registration of housing property rights does not necessarily represent the absolute ownership of the house. In the case of a house purchased after marriage, although the down payment is paid by the man, it should still be considered as the joint property of the husband and wife.

2. It is not joint property in the following cases:

If the husband argues that one party's property is not converted into joint property because of living together, the property purchased by the husband is only his own personal property converted from cash to real estate, and it is still the property of one party. Such a claim is likely to be supported if the husband can prove that the funds for the purchase of the house were pre-marital property. There is also a possibility that the down payment is paid by the parents, and the law stipulates that the purchase of the house funded by the parents before marriage is regarded as a gift to only one of their children, and the immovable property should be recognized as the personal property of one of the spouses, and if there is an agreement, it will be executed in accordance with the agreement.

In fact, as long as two people live together, why care about the name on the real estate certificate, and it is the last word to manage the marriage with a correct attitude. I am not a major, but I love to learn legal knowledge, the basic knowledge is limited, and the practical problems are not so simple, so I just try to make a limited accuracy according to the limited conditions you propose according to your limited knowledge, if there is a dispute, you can directly consult a lawyer, they can give more professional advice.

Of course it belongs. First of all, the house is purchased after marriage, and only a down payment is paid, so the subsequent loan needs to be borne by both husband and wife. Of course, it is the joint property of the husband and wife.

This is joint property, because you bought the house after marriage, no matter whose name it is, it is the marital property of the two, and the woman can also share it after the divorce.

Since you are married, although there is only the man's name on the real estate certificate, it is also the property shared by the two of you, don't think too much, as long as it is the property of the two of you after marriage, then there will definitely be half of you.

Legal Analysis: According to the law, 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; (2) income from production and operation; (3) income from intellectual property rights; (4) imitation property acquired by inheritance or gift, except for property that is determined in the will or gift contract to belong only to the husband or wife; (5) Other jointly owned property.

Therefore, if the down payment paid by one party after marriage is not agreed by the two parties to be the property of one party, it is considered 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) 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.

Article 1065:A man and a woman may agree that property acquired during the existence of the marital relationship and property acquired 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 relationship 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.

1. Before marriage, the man buys a house in his own name and registers it in the name of the man, and the house belongs to the man's personal property before marriage.

2. If the woman participates in the pre-marital capital contribution, she can claim the creditor's rights against the man with the proof of contribution.

3. From the date of obtaining the marriage certificate, the repayment of the loan by both parties belongs to the joint property after marriage, and the rights and interests of the value-added part of the housing from the repayment of the loan after marriage are also half of the rights and interests of the woman in the brochure.

Legal basis: Civil Code of the People's Republic of China Article 106 Article 12 The following property acquired by the husband and wife during the period of marriage 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, and (4) Inherited or donated property, except as provided for in Paragraph 3 of Article 1063 of this Law, and (5) Other property that shall be jointly owned.

Husband and wife have the right to deal with the joint property and the collapsing macro.

Legal analysis: 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 of the real estate certificate 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.

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) 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 owned by the common owner.

After receiving the certificate, one party pays a down payment for the purchase of the house, which belongs to the joint property. According to Article 1062 of the Civil Code, the following property acquired by a husband and wife during the existence of a 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 1062 of the Civil Code 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.