Is the house bought before marriage considered joint property of the husband and wife

1. The house bought before marriage is registered in the name of the purchaser, and does not belong to the joint property of the husband and wife, but belongs to the personal property;

2. If you pay the down payment with your personal property and take out a bank loan for a house you buy before marriage, and repay the loan with the joint property of the husband and wife after marriage, and the real estate is registered in the name of the party who paid the down payment, the court may rule that the real estate belongs to the party with the property right registration, and the loan that has not been repaid is the personal debt of the party with the property right registration. The money paid by the parties after marriage to repay the loan jointly and the corresponding part of the property appreciation belongs to the joint property of the husband and wife, and the spouse has the right to request a division;

3. Legal basis:

1) Article 18 of the Marriage Law [Property of one of the husband and wife] In any of the following circumstances, it shall be the property of one of the husband and wife:

1) the pre-marital property of one of the parties;

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.

2) Interpretation (III) of Several Issues Concerning the Application of the Marriage Law of the People's Republic of China Article 10 If one of the husband and wife signs a contract for the sale and purchase of immovable property before marriage, pays the down payment with personal property and takes out a bank loan, and repays the loan with the joint property of the husband and wife after marriage, and the immovable property is registered in the name of the party paying the down payment, the immovable property shall be disposed of by agreement between the two parties at the time of divorce.

If no agreement can be reached in accordance with the provisions of the preceding paragraph, the people's court may make a judgment that the immovable property belongs to the party whose property rights are registered, and that the loans that have not yet been repaid are the personal debts of the party whose property rights are registered. In the case of divorce, the party registered in the property right shall compensate the other party for the joint repayment of the loan and the corresponding increase in property value between the parties after marriage.

Common legal knowledge: Is the house bought before marriage considered the joint property of the husband and wife?

First, if you bought it in full before the marriage, the house is your personal property. Marriage does not change the property rights of the house.

Second, if it is a part of the down payment before marriage, the loan to buy a house, and the two parties repay the loan jointly after the marriage (as long as it is repaid with your own income after marriage, it is counted as joint repayment, because your income is joint property), then this issue is now controversial. It is necessary to comprehensively look at the proportion of the down payment, the time of obtaining the property right certificate, and the region, and the courts in different places are not exactly the same in their determination of this issue. If it is recognized as joint property, the other party has half of the property rights, and only needs to return half of your down payment and half of the pre-marriage loan repayment to you.

If it is determined to be your personal property, then you will need to pay half of the loan repayment after the marriage.

If you are just planning ahead, then I suggest that you let your parents repay the mortgage on the house, and every time in the form of a transfer, that is, from your parents' account to the account where the loan will be repaid. In this way, the down payment is paid before marriage, and the loan after marriage is repaid by the parents, so it has nothing to do with the other party.

According to the current marriage law, premarital property is not joint property, but if there is a notarization for joint property, it is joint property, such as real estate is personal property before marriage, but the price of the house rises after marriage, if there is still a mortgage, the price increase is joint property. I don't know how to ask me.

The repayment of the loan after marriage and the appreciation of the value are considered as joint property.

Legal Analysis: Before the marriage, the house that one party has purchased, paid off and has ownership of obviously belongs to the pre-marital property of one party, which is personal property, not 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.

Did you buy it in full before you got married or did you have to repay the loan after marriage?

Hello question, there is something I would like to inquire.

The house that my mother-in-law bought for my husband before I got married was my father-in-law's name at first, but after a few years, it was changed to my husband's name, because I want to divorce now, does the house have a share of the children?

Answer: In this case, this house belongs to your husband's personal pre-marital property, not to your husband and wife's joint property, if you want to divorce the house now, see if your husband is willing to give the child, if not, this house is his own, you and your children will not get, belongs to his own pre-marital property.

Question: O, the child is now 17 years old, if the child chooses to follow me, will my husband be obligated to share the cost of college with me later?

Because the cost of schooling for children is relatively high.

Question Okay, thank you.

Whether a house bought before marriage is considered joint property of the husband and wife generally depends on the circumstances:

1. If it is a house that one party has purchased, paid off and owned before marriage, it generally belongs to the personal property of one party and is not the joint property of the husband and wife;

2. However, if one party contributes the down payment before marriage and repays the loan jointly after marriage, the part of the joint repayment of the loan after marriage and the part of the increase in value after marriage shall be regarded as the joint property of the husband and wife. Pure.

The man and the woman may agree that the property acquired during the marriage and the property before the marriage shall be owned separately or jointly or partly separately and partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is not clear, the provisions of the relevant laws 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 basisArticle 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 should be jointly owned. Turquoise.

Husband and wife have equal rights to dispose of joint property.

Whether the house bought before marriage is the joint property of the husband and wife needs to be as follows according to the specific circumstances:

1. If one party buys the property before marriage, pays all the purchase price, and registers it in his name, then the property belongs to his personal property before marriage and does not need to be divided in the divorce;

2. If one party has paid the down payment before marriage and registered it in his name, and the loan is jointly repaid by both parties after marriage, then for the property, the joint repayment of the loan after marriage and the corresponding value-added part of the house shall belong to the joint property of the husband and wife according to law. At the time of divorce, the property shall be disposed of by both parties through negotiation, and if the negotiation fails, the court will generally rule that the property belongs to the registered party, and the party who obtained the house shall pay the corresponding discount to the other party for the joint repayment of the loan and the corresponding increase in the value of the house;

3. If the property is jointly purchased by Bei Honghong and both parties for the purpose of marriage before marriage, then it belongs to the joint property of the husband and wife.

Civil Code of the People's Republic of China

Article 1062.

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 for those 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.

A house bought before marriage is not considered joint property after marriage.

Joint property refers to the property acquired during the normal existence of the marital relationship. The property owned by one of the spouses shall not be converted into the joint property of the husband and wife as a result of the continuation of the marital relationship.

However, unless otherwise agreed by the parties, if the parents of the virtual party purchase a house before marriage and donate it to the newlyweds, then the house is a joint property.

1. Is the house bought before marriage considered the joint property of the husband and wife?

1. Whether the house bought before marriage is counted as the joint property of the husband and wife depends on the circumstances

1) The house bought by one party in full before the marriage is personal property;

2) If it is donated by both parents to both parties, then it is joint property;

3) If one party makes a down payment before marriage and repays it jointly after marriage, it is considered joint property.

2. Legal basis: Article 1063 of the Civil Code of the People's Republic of China.

The following property is the personal property of one of the spouses:

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.

2. Is salary income the joint property of the husband and wife?

Salary income is the joint property of the husband and wife. The following property acquired by the husband and wife during the existence of the marital relationship is the joint property of the husband and wife and belongs to the husband and wife

1. Wages, bonuses, and labor remuneration; Salary, bonus income, various welfare policy income, and subsidies of one or both parties during the existence of the husband and wife relationship;

2. Income from production, operation and investment; It is the income from the production and operation of one or both husband and wife during the existence of the concurrent husband and wife relationship;

3. Income from intellectual property rights;

4. Inherited or donated property;

5. Other property that should be jointly owned;

Whether the house bought before marriage is considered the joint property of the husband and wife depends on the specific circumstances:

1. If one party buys a house with personal property before marriage and is registered in his or her own name, it is personal property, not the joint property of the husband and wife;

2. If one party buys a house by himself before marriage, but for some reason the property right is registered in the names of both parties, Qiao Zisun is regarded as a gift to the other party, in this case, the house belongs to the joint property of the husband and wife;

3. If you buy a house before marriage and use the joint property to repay the loan after marriage, part of the expenses for repaying the loan and the corresponding property appreciation income are joint property, and the other half has the right to demand half of the compensation at the time of divorce;

4. If the house purchased before marriage is agreed to be the joint property of the husband and wife after marriage, it can be recognized as the joint property of the husband and wife.

Legal basisCivil Code of the People's Republic of China

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.

1. Is the house bought before marriage considered the joint property of the husband and wife?

1. The house bought before marriage is generally not the joint property of the husband and wife. It depends:

1) The joint property of the husband and wife generally refers to the property obtained by the yuan tan mu after marriage, and the person who was not married when buying the house is purchased, so it does not belong to the joint property of the husband and wife;

2) However, if both parties have paid for the trouble, it is joint property, then it should be the joint property of the husband and wife after marriage.

2. Legal basis: 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 where the provisions of item 3 of Article 163 of this Law are provided;

5) Other property that shall be jointly owned. Husband and wife have equal rights to dispose of joint property.

2. Is the bride price considered the joint property of the husband and wife?

1. If the bride price is a dowry given by the man to the woman before marriage, and the letter is given to the other party for the purpose of marriage, the gift is valid after the marriage of the two parties, and the bride price belongs to the donee and does not belong to the joint property of both parties;

2. If it is after receiving the marriage certificate, it belongs to the joint property of the husband and wife.

Whether the house bought before marriage is marital property after marriage is as follows:

1. If one of the spouses has paid the down payment and assumed all the loans in the bank before the marriage, it is not joint property;

2. If one of the husband and wife signs a house sale contract before marriage, and the joint property of the husband and wife is used to repay the loan after marriage, the party with property right registration needs to compensate the other party for the repayment of the loan jointly after marriage;

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.

The process of filing a divorce real estate dispute is as follows:

1. The plaintiff sues;

2. After the court accepts the complaint, a copy of the complaint shall be served on the defendant;

3. The defendant submits a reply within 15 days, and the court serves a copy of the reply on the plaintiff within five days.

4. For cases that are decided to be heard, the court shall notify the parties and make an announcement three days in advance;

5. During the court investigation stage, the parties make statements, inform the witnesses of their rights and obligations, the witnesses testify, read out the testimony of the witnesses who did not appear in court, present documentary evidence, physical evidence and audio-visual materials, read out the appraisal conclusions, and read out the inquest records;

6. In court debate, the defendant and its litigant speak, the defendant and his litigant reply, the third party and his litigant speak or reply, and debate with each other, and the court debate is concluded, and the presiding judge solicits the final opinions of all parties in accordance with the order of the plaintiff, the defendant, and the third party;