Is the marital house the joint property of the husband and wife?

1. Whether the real estate purchased or acquired after marriage shall be recognized as the joint property of the husband and wife shall be determined according to the following different circumstances:

a. If a man and a woman have not entered into a pre-marital or marital property agreement in accordance with Article 19 of the Marriage Law, and the property income of both parties is subject to Articles 17 and 18 of the Marriage Law and the corresponding judicial interpretations, the real estate purchased with funds that should be recognized as the joint property of the husband and wife shall be recognized as the joint property of the husband and wife in accordance with the law, even if one party violates the law and fails to register the joint property of the husband and wife when handling the registration of the ownership of the immovable property, the other party may raise an objection to the registration of the immovable property and initiate a lawsuit within 15 days. Request to be changed to marital property.

Of course, if the funds for the purchase of the property are used in the joint property of the husband and wife, but at the time of registration, the other party voluntarily renounces the ownership registration, it should be a gift from the other party to the registered party. It shall be recognized as personal property in accordance with law.

b. In the case where Articles 17 and 18 of the Marriage Law and the corresponding judicial interpretations apply to the property status of both men and women, the real estate purchased with funds that should be recognized as personal property or the transformation of personal property in accordance with the law shall belong to the personal property of one party, and the other party has no right to raise objections.

c. In accordance with the provisions of Article 19 of the Marriage Law, the parties agree that the income obtained by each party during the marriage shall belong to each other, and all the income obtained by one party shall belong to personal property.

d. The real estate donated or inherited by one party during marriage shall be recognized as the joint property of the husband and wife in accordance with the law.

e. The real estate donated or inherited by one party during marriage, but whether it is the corresponding gift contract or will, it is determined that it is donated to one of the spouses or designated to be inherited by one of the spouses, in which case it belongs to the personal property of one party.

f. The real estate rented by one party before marriage and purchased with the joint property of the husband and wife after marriage shall be recognized as the joint property of the husband and wife even if it is registered in the name of one party.

2. The following property acquired during the existence of the marital relationship shall be the joint property of the husband and wife:

a. Salary and bonus.

b. Production and operating income.

c. Intellectual property income.

d. Property acquired by a will or gift contract, except in the circumstances provided for in paragraph 3 of Article 18 of this Law.

e. Other circumstances that should be recognized as the joint property of the husband and wife.

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

The judicial basis is Articles 17, 18 and 19 of the Marriage Law of the People's Republic of China.

The judicial basis is Articles 19 and 20 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China.

The house that existed before the marriage is the property of the previous party, and the property of which party originally belonged to it and which party it still belonged to after the marriage does not belong to the joint property. A house purchased or newly built by a husband and wife after marriage is considered joint property.

If a house purchased with the joint property of the husband and wife after marriage is not specifically agreed upon, it belongs to the joint property of the husband and wife. According to the law, the joint property of husband and wife is: wages, bonuses, and remuneration for labor services received by husband and wife during the existence of their marital relationship; income from production, operation and investment; Inherited or donated property, which is not specifically stated to be owned by one party, etc.

[Legal basis].

Article 1062 of the Civil Code The following property acquired by a 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) the income 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.

Summary. Hello, the property after marriage belongs to the joint property of the husband and wife.

Hello, the property after marriage belongs to the joint property of the husband and wife.

Hello. If the property is transferred to the name of one party after marriage, is it also joint property?

Yes. The house bought after the marriage is joint property, and it is also joint property after the transfer.

The house purchased by the husband and wife after marriage is registered in the name of one party or in the name of both parties generally belongs to the joint property of the husband and wife, and if the two parties have an agreement on the property, then the ownership of the property shall be determined according to the agreement. If a divorce is involved, because the two parties jointly contributed to the purchase of the house, regardless of whether it is registered in the name of one party or both parties, unless there is another agreement, the property is the joint property of the husband and wife, and the general court will also deal with it in accordance with the principle of equal division and false information. In judicial practice, when determining the share of real estate obtained by both parties, the court may also take into account whether the personal property is included in the capital contribution of both parties, the principle of taking care of women and children, and taking care of the party that has made a greater contribution to the family.

So how can the property after marriage become a person's property?

How can the property be converted into a person's property under the condition of marriage.

Hello, it is possible to write a matrimonial property division agreement.

The agreement belongs to one party.

Then go to the notary. Go to ** justice.

Notary public. Justice is personal property, isn't it?

No, after notarization, after the divorce, the judge will divide the property according to the agreement, and will only share it to one party.

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If the house purchased during the marriage period of the husband and wife has not been expressly agreed by the husband and wife, only the name of one of the people shall be written on the real estate certificate, and it shall be recognized as the joint property of the husband and wife.

Is the property owned by the husband and wife after marriage?

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If the house purchased during the marriage of the husband and wife is not clearly agreed in the chain of the husband and wife, only the name of one of the people is written on the real estate certificate, and it should be recognized as the joint property of the husband and wife.

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 is 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 hereditary intellectual property rights; (4) Inheriting or receiving gifts of the property of the Celebrity, except for the return of honor 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.

If the property is transferred to the name of the other party after marriage, is it also joint property?

As long as the property is purchased during the marriage, it belongs to the joint property of the husband and wife.

If the marital property is bought with the joint property of the husband and wife, then the house belongs to the joint property of the husband and wife. If it is purchased by one party with personal funds, and only the name of one party is registered, then it belongs to the personal property of one party. So let's look at the way of capital contribution.

[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 as provided for in item 3 of Article 163 of this Law;

5) Other banquet pants shall be jointly owned property.

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

Article 1063.

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

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 should belong to one party.

If one party buys a house with personal property and only writes the name of the individual, the house belongs to the personal property of one party and does not need to be divided in the divorce. However, if the house is bought with the joint property of the husband and wife, it is the joint property of the husband and wife and is divided by the husband and wife by mutual agreement at the time of divorce.

[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) the 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 1,000 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 spouses:

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.

Belongs! Matrimonial property is owned jointly by the husband and wife.

Look at who owned this house before getting married.

Whether the house after marriage belongs to the joint property of the husband and wife is analyzed on a case-by-case basis. If the house was acquired by community property, the house is community property; Otherwise, it's personal property.

Article 17 of the Marriage Law The following property acquired by a husband and wife during the existence of a marital relationship shall be jointly owned by the husband and wife.

1) Wages and bonuses;

2) the income from production and operation;

3) income from intellectual property rights;

4) Property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law;

(5) Other property that shall be jointly owned.

Husbands and wives have equal rights to dispose of jointly owned property.

Article 18: In any of the following circumstances, it is 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.

Article 19: Husband and wife may agree that property acquired during the existence of the marital relationship and property before marriage shall be owned separately or jointly, or partly separately or partly jointly. The agreement shall be in written form. Where there is no agreement or the agreement is unclear, the provisions of articles 17 and 18 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 binding on both parties.

If the husband and wife agree that the property obtained during the period of the marriage relationship shall be owned by each other, and the debts owed by the husband or the wife to the outside world are known to the third party, the property owned by the husband or the wife shall be paid off with the property owned by the husband or the wife.

After marriage, the real estate purchased by the husband and wife is the joint property of the husband and wife; The nature of the property after marriage is similar to the type of delay, which cannot be generalized, and is generally joint property, and in special cases, it is the property of a ringing person.

Whether the house after marriage belongs to the joint property of the husband and wife should be judged according to different circumstances:

1. If there is no express agreement between the husband and wife to purchase the house during the marriage of the husband and wife, only the name of one of them shall be written on the real estate certificate, and it shall be recognized as the joint property of the husband and wife;

2. If the immovable property purchased by the parents of both parties is registered in the name of one of the children, the immovable property may be deemed to be jointly owned by both parties according to the share of their respective parents' contributions, unless otherwise agreed by the parties.

If one party wants to own the right to use the house in the event of divorce, the appraisal unit will evaluate and then distribute it to the other party; If both parties want to own the house, both parties will make a bid; If neither party wants the house, the people's court will auction it and then distribute it.

It is not part of the joint property.

If the immovable property purchased by one of the parents for the child after marriage is registered in the name of the investor's child, it may be regarded as a gift to only one of the children in accordance with the provisions of the Civil Code, and the immovable property shall be recognized as the personal property of one of the spouses.

1. What are the precautions for buying a house after marriage?

There are four areas to pay special attention to when buying a house together. For example, the signing of the contract, the application of the mortgage and the transfer of the transaction all require the presence of both husband and wife. In addition, husband and wife also need to study in advance matters such as document preparation and application for a mortgage when buying a house together.

1. Both parties are present in person.

In the process of buying a house, there are many signing processes involved, such as signing the sales contract, applying for a mortgage, and transferring the transaction, which requires the presence of both husband and wife at the same time. In addition to signing the real estate sales contract, both parties are required to be present in person when applying for a mortgage or going through the transfer procedures. Experts explained that when applying for a mortgage, sometimes the application will be made in the name of the husband and wife, so the bank needs to check the qualifications of both people at the same time, and the relevant procedures must be signed at the same time.

In addition, when going through the transfer procedures, in principle, it is required to be present at the same time, because according to the provisions of the Civil Code, whether the property purchased jointly by the husband and wife is jointly owned or jointly owned by shares, needs to be reflected in the sales contract, and then stated on the real estate certificate, so both parties need to be present to sign and confirm. However, if you are unable to be present, you must also go through the procedures for notarization and collection of entrustment, and explain the relevant matters clearly.

2. Document preparation is the key.

When a husband and wife buy a house together, they need to provide more documents, and none of them is missing. When the husband and wife apply for a mortgage together, they need to provide proof of income of the husband and wife, and if the two are non-local residents, they also need to provide the local continuous tax payment certificate or social insurance payment certificate (the specific period is subject to the local policy), otherwise it will be treated according to the loan policy for non-local residents. Of course, when applying for a mortgage loan, if one of them has a higher income, it is not a problem to pass the qualification approval, and the other party's income certificate does not need to be provided.