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On the premise of buying a house after marriage, it is not a real estate certificate.
If the property is registered as owned by one of the husband and wife alone, it must belong to only one of the registered owners, and generally if there is no special agreement and specific circumstances, even if only the name of one of the husband and wife is registered after marriage, it will still be legally recognized as the joint property of the husband and wife. Where there is an agreement between the husband and wife on the ownership of property, the agreement is controlling. It should be noted that the document signed by the husband and wife at the registration department at the time of real estate registration agrees that the real estate is registered in the name of one person, and usually cannot be considered to belong to the agreed ownership of one party.
To achieve this effect, both parties need to sign a clearer written document. All precautions for the house book alone If you are married, you can buy a house separately and in full, and buying a house alone is not subject to the restrictions of marriage. If you buy a house with your personal pre-marital property after marriage, then the house still belongs to your personal property, and if you buy a house with your joint property after marriage, even if you buy a house separately, the real estate certificate will write a person's name, which is also the joint property of the husband and wife.
Nowadays, many cities have implemented a purchase restriction policy, and if you want to buy a house separately after marriage, you need to meet the requirements of the local purchase restriction policy, for example, if a non-Beijing family wants to buy a house in Beijing, they need to meet the requirements of not having a house in Beijing, and have paid social security or individual income tax in Beijing for more than 5 consecutive years.
Non-Beijing families are limited to one dwelling. The above content refers to People's Daily Online.
After marriage, only one party has the name of the property to purchase a house, and it is still the joint property of the husband and wife.
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Obviously it is a house bought after marriage, why is it written in the house book alone, all these aspects are what the other party is doing, the purpose is to be afraid that if you break up and fight for real estate with him, this will leave a hand in advance.
You have to make a point out about this situation, otherwise you won't have anything until you leave.
I'm serious, please give, thank you.
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Why is it written in the house book that it is a house bought after marriage, and why is it written in the house book that it is owned separately, I think that if the house is bought after marriage, if there is no person's name, it should be written on it so alone, which should be the possibility that I think it should be unrelated in this case. The basis is obviously a house bought after marriage, why is it written in the house book that it is owned separately, I think that if the house is bought after marriage, if there is no person's name, it should be written on the bit such a separate ownership, which should be the possibility that I think it should be unrelated in this case. Even if it is a house bought after marriage, why is it written in the house book that it is owned separately, I think that if the house is bought after marriage, if there is no person's name, it should be written on the position of such a separate ownership, which should be the possibility that I think it should be unrelated in this case.
Even if you pay attention to buying a house after the meal, add blood is just and it is only a house that you bought after marriage, why is it written in the house book that it is owned separately, I think that if you buy a house after marriage, if you don't have a person's name, it should be written on it so alone, which should be the possibility that I think it should be okay in this case. Even if you buy it after dividing it, if you pay attention to buying a house, it is only the joint property of a rich couple, and it is obviously a house bought after marriage, why is it written in the house book that it is owned separately, I think that if you buy a house after marriage, if you don't have a person's name, it should be written on it so alone, which should be the possibility that I think it should be okay in this case. Even if you buy it later, if you pay attention to buying a house, the blood is only and only the joint property of the rich couple.
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The real estate certificate is an administrative management, and the joint ownership of property after marriage is a legal provision, and the administration emphasizes efficiency, and the separate ownership on the real estate certificate does not substantially affect the legal provisions.
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As long as both husband and wife agree, one person can be written, and it can be owned separately. If you are a party, you should be present when you apply for the property certificate and agree to write one person. Otherwise, there is a doubt in it. If it is not the party, then ask the party to know that they are voluntary.
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It is a house bought after marriage, and it is written in the house book that it is owned separately, and it is also your common property, and the current marriage law has clear provisions, as long as it is a house purchased after marriage, whether the name of the other person is written or not, it is shared by the husband and wife.
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If you buy a house after marriage, then it is written that you live alone, which means that a person's residence has been certified at the time of buying the house, and the joint property of the husband and wife is not written.
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As long as it is not one of the parents after marriage, the property right of the house is the joint property of the husband and wife.
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Although it is a house bought after marriage, then you have to propose to write the names of two people, if you don't mention it, it is to write the name of one person alone.
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Today's marriage is not as particular about feelings and love as before, and now there are many economic things mixed in it, such as bride price, house, car, etc., they feel that if they have money, they have to rely on feelings, and this thing is unreliable.
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Legal Analysis: Sole ownership means that only one of the spouses owns it. 1. If the real estate certificate indicates that it is owned separately, it means that it is owned by the other party, that is, the ownership of the property belongs to one of the husband and wife 100%.
2. However, if only one party's name is written on the house after marriage, it is generally recognized as the joint property of the husband and wife, unless the other party can prove that the money for buying the house is personal pre-marital property.
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 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) the proceeds of 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.
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If the title deed indicates that it is separately owned, it means that the property rights of the house belong to the registered owner and there is no other owner. However, under the principle of joint ownership of property between husband and wife, if the property is purchased after marriage and there is no other written agreement between the husband and wife on the division of property rights, no matter who the name registered on the real estate certificate is, in principle, it belongs to the husband and wife. If the house is purchased by one party as a sole proprietorship before the marriage, it is in principle regarded as the property of one party before the marriage, and the other party does not own the property rights.
According to the interpretation of the Property Law, the ownership of property can be divided into two forms: individual ownership and a total of two forms. Sole ownership means that the subject of ownership of property is single, that is, a person alone enjoys ownership of a certain property.
The so-called co-ownership means that two or more rights holders jointly enjoy the ownership of a certain property, in other words, it means that multiple rights holders jointly enjoy ownership of a thing.
Now the registration of property rights is owned separately, which means that the property rights belong to the registrant and have nothing to do with other people. It is possible to apply for a correction of the registration of the property as joint ownership - joint ownership of the husband and wife. The most typical form of co-ownership is marital co-ownership.
China's Civil Code stipulates that the following property acquired by husband and wife during the existence of the marital relationship shall be jointly owned by the husband and wife: first, wages and bonuses; the second is the income from production and operation; third, the income of intellectual property rights; (4) property obtained by inheritance or gift, except for property determined in the will or gift contract to belong to only one of the husband or wife; Fifth, other property that should be jointly owned. Husbands and wives have equal rights to dispose of jointly owned property.
For example, if the husband and wife sell or donate property that is jointly destroyed by the husband and wife, they should reach a unanimous opinion. Where one of the husband and wife clearly knows that the other party is in charge of dividing the property but does not make a negative expression, it shall be deemed to have consented.
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Legal analysis: 1. If the real estate certificate indicates that it is owned separately, it means that it is owned by the other party, that is, the ownership of the property belongs to him 100%.
2. First of all, buying a house before marriage and obtaining a real estate certificate after marriage is the personal property of the husband and wife.
3. According to the provisions of the new marriage law, regardless of whether the name of one party or the name of both parties is on the real estate certificate, as long as it is the property right of the house obtained by the husband and wife through joint contribution (including loans) after marriage, it is joint property.
4. If one of the spouses has paid the full amount of the house before marriage and obtained the real estate certificate, then the house is pre-marital property. Therefore, in the event of a divorce, the other party has no right to claim a partition.
5. It should be noted that the part of joint loan repayment, whether it is repaid by one party with personal wages or with the wages of both parties, shall be recognized as the joint property of the husband and wife. Of course, if one party can indeed prove that the loan repayment funds are from the individual's pre-marital property, then this part should not be recognized as the joint property of the husband and wife.
6. If the party whose name is on the real estate certificate does not admit that the other party has contributed capital when purchasing the house, it is considered that the house belongs to his personal property before marriage and will not be divided. On the premise that it cannot be proved that it has contributed capital and is not a gift to one party, the court is powerless to protect the rights and interests of the other party. In other words, even if the other party contributes the money, but cannot prove the capital contribution, the court cannot award appropriate compensation to one party.
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;
(2) Income from production, operation and investment;
(3) the proceeds of 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.
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If you buy a real estate after marriage, you will be required to sign on the real estate trading floor, and if you are alone, the other person must be present.
Now, if you get divorced, the property belongs to the owner, and the spouse has no share, unless you can show proof that you paid part of the money you paid for the house at the time you bought the house.
Since the broadcast of "Autumn Cicada", it has received a lot of attention, in fact, there are two reasons, the first reason is that the theme of spy war films is very popular, and the second reason is that Ren Jialun's last drama is very popular, that is, "Under the Brocade", the popularity of "Under the Brocade" has not faded, and "Autumn Cicada" will be broadcast soon. The male protagonist is still everyone's favorite Ren Jialun, but the female protagonist is no longer Tan Songyun.
"Uncle Beggar" in "Under the Brocade" has become Miyamoto in "Autumn Cicada", of course, from the time "Autumn Cicada" was launched, everyone understood that Miyamoto Aono was not Ye Chong's opponent, and Ye Chong finally solved this obstacle in the last episode. Ye Chong, who has always been a spy, is in a very difficult situation, and once lost contact with the organization, and was even suspected by his companions.
In the constant struggle, he is doing his own business for his ideals and beliefs, Miyamoto Akuno is not the biggest boss, Qingquan is. From the beginning of Qingquan's appearance, I felt that this person was not simple, I thought it was Ye Chong's adoptive father, at least he should have one heart, but it turned out to be two factions.
In the finale, Qingquan made Ye Chong hit the virus, and he thought that the bottle of antidote he kept would be given to Ye Chong, but he didn't expect the antidote to be broken in the end. Qingquan's death, the matter did not end because of this, Junzi still had a large dose of the virus there, but Junzi finally chose to be loyal to Qingquan because the people around him were far away from him, and died in front of Ye Chong. At that time, Ye Chong had no way to save Junzi, because he couldn't protect himself.
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At that time, when you bought a house, if it was bought after August 1, 2008, after marriage, the real estate transaction hall would require both of you to be present and sign, and if you were alone, all other people had to be present.
Now, if you get divorced, the property belongs to the owner, and the spouse has no share, unless you can show proof that you paid part of the money you paid for the house at the time you bought the house.
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To buy a house after marriage, both husband and wife need to provide marriage certificate, ID card, household registration, and house purchase procedures to handle the house book.
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Hello, it is better to ask the housing authority for advice.
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Legal analysis: If the real estate acquired during marriage is registered as separately owned by the Real Estate and Housing Bureau, whether it is the joint property of the husband and wife, and if one of the following circumstances is met, it can be recognized as the joint property of the husband and wife in accordance with the law:
1.Real estate that is rented by one party before marriage and purchased after marriage using the joint property of the husband and wife is registered in the name of one party and belongs to the joint property of the husband and wife.
2.If the property purchased by both parents is registered in the name of one party, it may be deemed to be jointly owned according to the share of the capital contribution of both parents.
3.If one party to the marriage obtains an inheritance or donated real estate or other property that is not exclusively owned by him/her, if he or she uses illegal means at the time of registration and conceals the true situation from the other party, and the registration is solely owned by him/her, the other party may file a registration objection with the local real estate and housing bureau and file a lawsuit within 15 days after filing the registration objection, and if the lawsuit is not filed within 15 days, the objection shall become invalid. If it is determined through legal procedures that the separately owned house acquired by the other party was indeed acquired by illegal means during registration, the people's court will, in accordance with the law, change the house to joint ownership in accordance with the other party's application.
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 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) Property obtained by inheritance or gift, and (5) Other property that should be jointly owned.
Husbands and wives have equal rights to dispose of jointly owned property.
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.
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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Is it joint property for a husband and wife to buy a house after marriage and only write the name of one of them? According to the Civil Code. >>>More
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