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You don't have to think so much, you don't need a notarization, add a co-owner or something, no matter when the real estate certificate is done, whose name is written on the contract, this house is your common property, first of all, the two of you have a joint down payment, and secondly, you will have to repay the loan together in the future, this is a clear common property. However, care should be taken to keep evidence of the pre-marital portion of the joint payment.
However, as an aside, the property agreement of the husband and wife is still good, not limited to large items such as houses and cars, and the existing and possible future acquisitions are sorted out and planned, which can ensure that the marriage of the two is long and happy, it is recommended to give it a try.
In response to the addition: the issue of evidence will not affect the nature of the joint property of this house, so there is no need to worry.
In case I mean, if there is any dispute, as long as the facts admitted by both parties do not need to be proved by evidence, it is recommended that you leave evidence in case the other party does not admit that it is a joint down payment (because this may affect the division of property), but this rarely happens in practice.
There is really no direct evidence, and when the other party does not admit it, it is good to find a few insiders to do circumstantial evidence, and this person is preferably your mutual friend or other people who will not only have an interest relationship with your side.
said so much, in fact, you don't need to hug the lord like so much, how can it come to this point, there is no evidence to keep, there is no need to stay, a hundred years are good.
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Because the property after marriage becomes the joint property of the husband and wife, if there is property before marriage, then the just property shall prevail!
You can go to the law firm for consultation on specific issues, so that you will understand better.
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To be precise, as long as you have evidence of joint responsibility for the purchase of the house, if you take 10,000 steps back and have any problems in the future, the money will definitely be recovered. As for the contract, if you put your name on the property with him, then it will save you a lot of trouble. Because the house will be your common ownership.
If there is only his name in the middle of the property, the best way is to do a notarization, after all, it is difficult for us to draw a conclusion with ** in the future.
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If the ownership of the property is not notarized before the marriage, then the marriage is joint property and the husband and wife are jointly owned.
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Legal analysis: As long as the sale and purchase of the house occurred before the marriage, and the sale and purchase contract has been actually performed, the house is registered in the personal name of the buyer, and it does not belong to the joint property of the husband and wife. However, if the house is purchased with a mortgage before marriage and the real estate certificate is obtained after the marriage, when the real estate certificate is registered in the names of both parties, it is 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 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 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.
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Legal analysis: Applying for a real estate certificate after marriage does not necessarily belong to the joint property of the husband and wife. A house purchased with joint property after marriage is considered joint property of the husband and wife, and if a house is purchased with personal property after marriage, then the house belongs to the personal property of one of the parties.
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) 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.
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Hello, please pay attention to the details.
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There are two legal avenues:
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