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Didn't get it. For a house bought after marriage, the name of both husband and wife should be added to the loan repaid with the joint property of the husband and wife after marriage. The real estate bureau should be responsible for adding the name of the house, why would the bank disagree?
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I don't know what's going on, but it's probably your local regulations, but the rules are different across the country.
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Legal analysis: Buying a house after marriage, as long as there is no other special agreement, even if only one person's name is registered, it is also joint property.
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. Balance and delay) 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 should be jointly owned.
Husband and wife have equal rights to dispose of joint property.
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Answer: The house bought after marriage, written in the names of both parties, is generally recognized as the joint property of the husband and wife. The acquisition of immovable property rights shall be subject to registration, and purchases made after marriage and registered in the names of both parties shall generally be recognized as the joint property of the husband and wife.
The laws of our country clearly stipulate that the property acquired by the husband and wife during the existence of the marital relationship belongs to the joint property of the husband and wife, and the husband and wife enjoy the same rights to the joint property of the husband and wife. If the title is registered in the name of the other party, the other party has a share in the immovable property. Generally speaking, regarding the division of property, there is an agreement from the agreement, and if there is no agreement, it is also necessary to comprehensively consider the contribution of each party to the property.
But different regions, different courts, and even different judges will have different verdicts in such cases. [Relevant Laws] 1. Article 1062 of the Civil Code of the People's Republic of China: 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 163 of this Law; (5) Other property that shall be jointly owned. Husband and wife have equal rights to dispose of joint property. 2. Article 25 of the 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 (1).
During the existence of the marital relationship, the following property is "other property that shall be jointly owned" as provided for in Article 1062 of the Civil Code: 1) the income obtained by one party from the investment of personal property; (2) Housing subsidies and housing provident funds actually obtained or should be obtained by both men and women; (3) The basic pension and bankruptcy resettlement compensation that both men and women have actually obtained or should have obtained.
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After marriage, only one person's name can be written on the house to buy a house, but if there is no special agreement, it is also the joint property of the husband and wife registered in the name of one person. If it needs to be regarded as personal property, it is best for both parties to sign an agreement or confirmation letter to confirm that the property belongs to one of the parties' personal property and that the husband and wife have equal rights to dispose of it. The title deed can be named.
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) income from 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 1063:The following property is the personal property of one of the husband and wife: (1) the premarital property of one party; (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 party. Article 1064:Debts incurred by both husband and wife as jointly signed by both husband and wife or by one of the husband and wife as an expression of common intent such as retrospective recognition by one of the husband and wife, as well as debts incurred by one of the husband and wife in their own name for the daily needs of the family during the existence of the marital relationship, are joint debts of the husband and wife.
Debts incurred by one of the spouses in his or her own name during the existence of the marital relationship in excess of the daily needs of the family are not joint debts of the husband and wife; However, the creditor can prove that the debt was used for the husband and wife's common life, joint production and business, or based on the common intention of the husband and wife. 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 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.
I hope you find the above content about joint property helpful.
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The house with the name of one party written on the house purchased before marriage is generally not a joint property, and the name of the brother is generally the personal property of one party, because the name of the house registered on the real estate certificate is owned by whoever owns the house; However, if the other party has evidence to prove that he has contributed capital to the house, he can file a lawsuit with the people's court to claim ownership.
1. On the issue of ownership of pre-marital house purchase?
1.If the house was purchased before marriage and the title deed was obtained, it is the personal property of the purchaser.
2.If you buy a house before marriage, only pay the down payment, and repay the loan jointly after marriage, if the name of the husband and wife is registered on the real estate certificate, it belongs to the joint property of the husband and wife; If the name of one of the spouses is registered, it is the personal property of the registered party; The joint repayment part and the increased value of the loan shall be the joint property of the husband and wife.
2. How to determine the premarital loan to buy a house.
1. Before the marriage, the house that one party has purchased, paid off and has ownership of is obviously the property of one party before marriage. However, if one party buys a house with his or her own funds before the marriage, but registers the property in the names of both parties, this is considered a gift to the other party, in which case the house is the joint property of the husband and wife.
2. If one party signs a contract to buy a house before marriage and pays the down payment with personal property, if it repays the loan with the joint property of the husband and wife after marriage, and the house is registered in the name of the down payment house, it can be dealt with by agreement first, and in the case of failure to reach an agreement, the court generally determines that the house belongs to the party with property right registration, and the money repaid jointly by both parties can be compensated by one party to the other party.
3. If one of the husband and wife buys a house before marriage, but the real estate certificate is handled after marriage, such a house is not part of the joint property of the husband and wife.
4. The house bought by the husband and wife with a joint loan after marriage is the joint property of the husband and wife.
3. Is it considered joint property if one party takes out a loan to buy a house before marriage and repays the loan together after marriage?
It is necessary to see whether the property right is registered in your name. 1. If your name is added to the real estate deed, the house belongs to the joint property of both parties. 2. There are two situations for the house ** or the newly bought property after demolition:
1.If there is only one person's name on the real estate deed at the time, under normal circumstances, the price obtained by ** is still his personal property, and the second house bought with this money certainly belongs to the personal property of this registered name. However, if there is evidence that the other party also contributed capital at the time of purchase, the price of the property will be divided between the two parties according to the amount of capital contributed at the time of purchase.
Since the house is paid in full, there is no question of repaying the loan. 2.If the name of the other party is added to the property certificate, it is joint property, and the second house bought with the price of ** or demolition is also joint property.
Article 1062 of the Civil Code of the People's Republic of China.
The following property acquired by the husband and wife during the marriage 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.
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Common legal knowledge: Is the house bought before marriage considered the joint property of the husband and wife?
It mainly depends on whose name the house is registered, if it is registered in the name of two people, it is the joint property of the husband and wife, otherwise it is not. According to Article 7 of the Interpretation (3) of the Marriage Law of the People's Republic of China, the property rights of immovable property purchased for the children by one of the parents after marriage are registered in the name of the children of the investor.
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