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No. Article 19 of the Interpretation (I) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China states: "The property owned by one of the husband and wife as stipulated in Article 18 of the Marriage Law shall not be converted into the joint property of the husband and wife due to the continuation of the marital relationship.
Unless otherwise agreed by the parties. ”
If you take out a loan to buy a house before marriage and repay the loan jointly after marriage, you can claim compensation for the loan part.
Article 10 of the Interpretation (III) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China stipulates that: "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 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. ”
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Yes Because it was the joint property of the husband and wife before the divorce, it can be divided equally after the divorce.
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No. It is a pre-marital property!
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The pre-marital property is not yours.
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Did you pay for it? Didn't haunt your share.
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You shouldn't divorce him, because this house is indeed her husband's, and she doesn't have any money, so you can't add a name.
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You shouldn't choose to divorce, because the house itself was bought by the husband before marriage, so this house has nothing to do with you.
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If you can't accept it, you can choose to divorce, if this matter has been promised before the marriage and has not been realized, you should indeed divorce.
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When a house is in the mortgage period, there is a very important role involved in the middle: the financial institution. As "creditors", financial institutions must give priority to protecting their legitimate rights and interests.
Raising the name means changing the borrower at the same time. From the perspective of financial institutions, it is equivalent to "collecting debts from one person, but now they have to collect debts from two people", and in order to control risks, financial institutions must carry out strict approval of new staff. And this whole process of approval is actually to find a completely unnecessary thing for financial institutions.
Therefore, in most cases, banks are reluctant to change the lessee. From the aspect of the regulations, if you stipulate that your boyfriend adds his name to the real estate certificate before marriage, which belongs to the joint property of two people, at that time has the same interests, and neither party has the right to solve it without authorization, if you stipulate that your boyfriend adds his name to the real estate certificate after marriage, then this is invalid, if there is a divorce and division of property, the house still belongs only to your boyfriend, and you have no right to have the right to control.
If you do not ask for your name to be added, but after the marriage of the husband and wife jointly bear the loan, and the divorce property division occurs at that time, if you can provide the corresponding proof of the joint loan, then the man can return part of the loan to you, on the contrary, the man has no money to repay, and the real estate still belongs to the man. If it involves taking out a loan to buy a house, whether before or after marriage, as long as you invest in your family in this daily life, the house has a part of you.
If the title deed is added to the name, then the male parents must be worried about the fact that the down payment is paid by their family. If you want to add your name, you have to show your sincerity. You go out for the renovation or buy a car as personal property.
In addition to the down payment before marriage belongs to your boyfriend, and part of the joint repayment after marriage belongs to the joint property of the husband and wife, the difference is that if you do not add a name, the property right of the house always belongs to your boyfriend.
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I didn't have anything to do with my friend, and the house my husband bought before marriage belonged to Chunhuai's personal property. If you want to write your name, you can change your clan and negotiate with your husband, which can show how much he loves you.
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There shouldn't be; This should require the consent of the husband and the husband's parents before you can add your own name.
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It has nothing to do with you; You can find your husband, negotiate with your husband, and see if your husband will agree to you.
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Legal analysis: If it is purchased before marriage, if there is no special agreement, it is the personal property of one of the spouses.
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 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) Proceeds 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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