Is the property right of jointly contributing to the purchase of a house before marriage belonging t

If the house jointly funded before marriage is registered in the name of the man, but the man voluntarily agrees to add the name to the property after marriage, it shall be deemed to be a legal disposition of his own property, and the property attribute shall be changed to the joint property of the husband and wife.

Definition of community property:

The property acquired by both spouses or one of the spouses during the existence of the marital relationship is called the joint property of the husband and wife, and is jointly owned and disposed of by the husband and wife. The joint property of the husband and wife mainly includes the following property:

1) Salaries, bonuses, allowances, and other wage income of both spouses or one of the spouses;

2) Income from the production or business operations of both husband and wife or one of them;

3) Proceeds received by either spouse or one of the spouses through their intellectual property rights. refers to the property gains actually obtained or can be obtained during the existence of the marital relationship between husband and wife;

4) Property inherited or donated by both spouses or one of the spouses, except for property that is determined in the will or gift contract to belong to only one of the husband or wife;

5) Other property that shall be jointly owned by the husband and wife, mainly refers to:

1) The income obtained by one of the spouses from the investment of personal property during the existence of the marital relationship;

2) Housing subsidies and housing provident funds actually obtained or should be obtained by both men and women during the existence of the marital relationship;

3) During the existence of the marital relationship, the pension insurance and bankruptcy settlement compensation actually obtained or should be obtained by both men and women.

Husband and wife have equal rights to dispose of and dispose of the above-mentioned property jointly owned by the husband and wife, and there are two meanings here, the first meaning is that the husband or wife has equal rights in handling the joint property of the husband and wife. Either party has the right to decide on the disposition of the joint property of the husband and wife for the needs of daily life; The second meaning is that the husband or wife should negotiate on an equal footing and reach a consensus when making important decisions on the disposition of the joint property of the husband and wife not for the needs of daily life. Where others have reason to believe that it is an expression of the common will of the husband and wife, the other party must not oppose the bona fide third party on the grounds that they do not agree or do not know.

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. However, if one party buys a house with his or her own funds before the marriage, but for some reason the property is registered in the names of both parties, this is considered a gift to the other party, in which case the house is the joint property of the husband and wife.

Legal basis: Article 1060 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) Salary, 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.

Legal Analysis: If the parties agree that it belongs to one party, it belongs to the personal property of one party. If there is no agreement, it is 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.

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.

1. If you buy a house before marriage and pay in full, it will be counted as personal premarital property, and you will not participate in the division of joint property between husband and wife when you divorce.

2. If the down payment is paid before marriage, and the remaining husband and wife repay the loan together, and the real estate title certificate is signed by one party (or add their parents), then the real estate itself is a personal pre-marital property, but the mortgage part paid after obtaining the certificate belongs to the joint property of the husband and wife, and the divorce can be handled by agreement, and the negotiation fails to belong to the registered party, but the remaining debts are repaid by the registered party, and the part of the previous joint repayment by the husband and wife can be recovered from the registered party.

1. The house is a person's name, how to divide it when divorced.

The house of the husband and wife is the name of one party, if the two people jointly contribute to the purchase, the divorce can be judged to belong to the joint property of the husband and wife, the husband and wife have the right to divide the joint property equally, but the house cannot be divided, and the party who registers the property right can compensate the other party. If a person's name is written on the house before marriage, and the house payment is paid in full, it is counted as personal premarital property, and the division of the joint property of the husband and wife is not participated in the divorce.

2. How to divorce the distribution of real estate?

If the parties reach an agreement, it will be divided in accordance with the agreement; If there is no agreement on the ownership of the house, the division is made by the court in accordance with the principle of taking care of the rights and interests of the children and the woman. Whether the house is the joint property of the husband and wife is determined by the contribution of the matrimonial house and the registration on the real estate certificate. If one party purchases the house before the marriage, pays all the money for the house and registers it in the name of one person, it is the pre-marital property of one party.

A house purchased by one of the spouses with personal property after the marriage is also the property of one of the spouses. Where the parents of the husband and wife contribute to the purchase of real estate before marriage, it is generally regarded as a gift to their children. However, this does not apply to the cases where the parents have expressly declared before marriage that they are a joint gift to the husband and wife.

The pre-marital property and personal property of one party are not part of the joint property of the husband and wife, and at the time of divorce they remain owned by one person. In addition, if the husband and wife purchase the property with joint property after marriage, or the loan repayment by both parties after marriage, or the purchase with joint funds by both parents, or the purchase of the property with the names of both persons written on the real estate deed, although the husband and wife contribute capital, these properties belong to the joint property of the husband and wife. In the event of a divorce, it is generally divided equally.

Article 1062 of the Civil Code The following property acquired by husband and wife during the existence of marital relationship shall be the joint property of husband and wife and shall be jointly owned by 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 of the Civil Code The following property is 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.

After marriage, the husband pays to buy a house, unless it can be proved that he used pre-marital property to buy the house, it can belong to the joint property. The joint property of husband and wife refers to the property acquired during the existence of the marital relationship and is provided for in the Civil Code of the People's Republic of China. The joint property of the husband and wife shall be jointly owned by the husband and wife, and the husband and wife shall have equal rights to dispose of the joint property.

1. Buying a house after marriage and only writing the name of one party is not considered joint property.

Buying a house after marriage and only writing the name of one party is considered joint property. The specific property provided for in the Civil Code obtained 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, and the husband and wife shall have equal rights to dispose of the joint property. Community property also includes:

1. Where pre-marital property and post-marital property cannot be ascertained, or if it is pre-marital personal property, but it has been married for many years and has been jointly used, operated, or managed by both parties for a long time, it can be regarded as joint property of husband and wife;

2. During the existence of the marital relationship, the demobilization allowance and transfer fee received by demobilized and demobilized servicemen can be divided according to the joint property of the husband and wife if the husband and wife live together for a long time in the event of divorce;

3. During the existence of the husband and wife relationship, the annual income of the Dangsen vertical brigade engaged in a variety of operations and contracting responsibility fields, as well as the funds invested in breeding, planting and breeding that have no income in the current year;

4. Gold, silver, jewelry and other property donated by one or both parents after the marriage is registered.

2. Are the expensive gifts given by the other party's parents at the time of marriage joint property?

If the valuable gifts given by the other party's parents at the time of marriage are not specifically expressed or are exclusive to one party, they shall be deemed to be joint property.

The joint property of husband and wife refers to the property acquired during the existence of the marital relationship and provided for in the Civil Code of the People's Republic of China, which is the joint property of the husband and wife, and is jointly owned by the husband and wife, and the husband and wife have equal rights to dispose of the joint property.

3. How to deal with buying a house together before marriage and only writing the name of one party.

Handling of the purchase of houses by both parties in the name of one party before marriage: if there is evidence to prove that both parties contributed capital, it will be regarded as the joint property of the husband and wife. The joint property of husband and wife refers to the property acquired during the existence of the marital relationship and is provided for in the Civil Code of the People's Republic of China.

The joint property of the husband and wife shall be jointly owned by the husband and wife, and the husband and wife shall have equal rights to dispose of the joint property.

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 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.

If the husband goes on a business trip in full before marriage to purchase a house, and the property is registered in the man's personal name, the husband enjoys the ownership of the property in accordance with the law, because the house is the man's personal pre-marital property. If the property is registered in the names of both spouses, both spouses have ownership of the property, and the property is the joint property of the husband and wife.

1. Should you buy a house with a bride price after marriage?

The bride price money is generally recognized as a gift from the man to the woman, and belongs to the woman's personal property, and if the woman uses the bride price money to buy a house, it should be the woman's pre-marital property, and the specific circumstances are as follows:

1) The real estate purchased with the bride price money before marriage and registered in the name of the woman belongs to the woman's personal property before marriage. If it is registered in the names of both parties, it shall be the joint property of both parties.

2) The real estate purchased with the bride price after marriage is registered in the name of the woman and belongs to the joint property of the husband and wife. It is registered in the names of both husband and wife and belongs to the joint property of the husband and wife.

2. Do you have the right to evict your wife from the house you bought before you get married?

The house has the right to evict the wife before marriage. If the house is owned by the man alone, that is, the house is registered in the man's name and is purchased by the man alone, the man has the right to evict the woman from living there because the man has the right to the property in accordance with the law and has the right to dispose of it legally.

3. Is a house with a person's name counted as joint property?

A house is in the name of a person and does not necessarily count as joint property. If the Heqingtan real estate is acquired by one party before marriage and the property right is registered in the name of the individual, the real estate belongs to the pre-marital property of one party and does not belong to the joint property; If the property is obtained after marriage, in the absence of an agreement between the parties, even if the property is registered in the name of Zhao Tong, it still belongs to the joint property of both parties. In the case of property inherited or gifted before marriage, if it is not explicitly stated that it is owned by both parties, it is owned by an individual.

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:

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.

Legal Analysis: Joint property refers to the property owned by the husband and wife during their common life as recognized in law. Property for which both parties have the right to use, which may be material, financial, or abstract property; In the distribution of property, the distribution is assessed using the consent measure in accordance with national regulations.

It does not necessarily belong to the joint property, the property is owned by the property registration party, and if it only contributes capital but is not the property registration party, it is not joint property. After marriage, if the immovable property purchased by one of the parents for the child is registered in the name of the investor's child, it shall be regarded as a gift to only one of the children; The property is owned by the property registration party, so if the name of the husband and wife or the name of the husband is registered on the property ownership certificate, the property is the joint property of the husband and wife at the time of divorce and is divided equally between 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 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. Celebrate the return.