Ask a question about the marriage law and real estate, the new marriage law about real estate

Questions about the first property. Although the house was allocated to Party C through an agreement, there was no transfer, that is, the gift was not completed. At this time, the ownership of the house still belongs to Party A and Party B, and Party A owns half of the corresponding value of the property;

Questions about second homes. According to your description, this house was bought before Jia Ding's marriage, and of course it is a pre-marital property; But after the gift, C is given, then the second property belongs to C.

Regarding the handling of the two houses of the divorce of Jia Ding. According to the above analysis, the pre-marital property of A at the time of ownership of half of the value of the first property belongs to A and will not be divided in divorce. The ownership of the second property belongs to C, and divorce cannot dispose of other people's property.

Therefore, if Jia Ding is divorced, neither house can be divided as the joint property of the husband and wife.

If the property is purchased by one party before marriage, it is his or her personal property; If one party buys the property before marriage, but adds the name of the spouse to the real estate certificate after marriage, it belongs to the joint joint property, and it should be divided at the time of divorce, which can be half of one person, or it can be distributed according to the share of capital contribution at the time of purchase; If the property is purchased by one party with personal property after marriage, it also belongs to one of them, but if the name of the spouse is added to the real estate certificate, it is also jointly owned; If the house is purchased after marriage with the joint property of the husband and wife, it is also considered joint ownership. The property purchased by one of the spouses before the marriage is his or her pre-marital property and is personal property, and the spouse is not entitled to claim division in the event of divorce. However, if the name of the spouse is later added to the title deed, the property becomes the joint property of the husband and wife, and the joint property shall be divided in the event of divorce.

As for how to divide the division, according to the principle of autonomy of will, it is up to the husband and wife to decide through negotiation. It can be half of one person, or you can buy a house with more. As long as the parties can reach an agreement, the law will not prohibit it.

If the husband and wife fail to reach an agreement, they can sue the people's court. The people's court will make a judgment in accordance with the principle of taking care of the rights and interests of the woman, children and the innocent party. 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. 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 party. Interpretation of the Supreme People's Court on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China (1) Article 29: Where before the parties get married, their parents contribute to the purchase of houses for both parties, the contribution shall be deemed to be a gift to their children, except where the parents expressly express that the gift is made to both parties. After the parties get married, if the parents contribute to the purchase of a house for both parties, it shall be handled in accordance with the agreement; Where there is no agreement or the agreement is not clear, it is to be handled in accordance with the principles provided for in item 4 of paragraph 1 of article 1062 of the Civil Code.

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

1) Wages and bonuses;

2) the income from production and operation;

(3) the proceeds of 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 party.

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 writing. 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 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 third party, the debts shall be paid off with the property owned by the husband or the wife.

As long as it is registered in your name, this situation is your personal property, and it does not affect the signing of the contract after the marriage, or even the payment after the marriage.

If your parents bought it for you, and the property is registered in your name, it belongs to your personal property before and after marriage, unless otherwise agreed.

According to the Interpretation of Several Issues of the Marriage Law of the People's Republic of China (3) Article 7 If the immovable property purchased for the children by one of the parents after marriage is registered in the name of the investor's children, it may be regarded as a gift to only one of the children in accordance with the provisions of Article 18 (3) of the Marriage Law, and the immovable property shall be recognized as the personal property of one of the husband and wife.

If the husband and wife are joint, the act of giving to your parents when they act.

1. As long as it is registered in your name at that time, it will be your personal property.

2. For details, please refer to: 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

Article 7: 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 Article 18 (3) of the Marriage Law, and the immovable property shall be recognized as the personal property of one of the spouses.

Where the immovable property purchased by both parents is registered in the name of one of the children, the immovable property may be deemed to be jointly owned by both parties in accordance with the respective parents' share of the capital contribution, unless otherwise agreed by the parties.

According to Article 7 of the Judicial Interpretation III of the Marriage Law, if the property rights of the immovable property purchased for the children by one of the parents for the children after marriage are registered in the name of the children of the funder, it may be regarded as a gift to only one of the children in accordance with the provisions of Article 18 (3) of the Marriage Law, and the immovable property shall be recognized as the personal property of one of the spouses.

Zongheng Legal Network Guizhu lawyer.

I heard that there was a new provision in the Marriage Law on August 30; It is said that the husband and wife buy a house, unless both parties sign together, if the name of one party is signed, whoever signs it will be whose name is separated in the future, and it does not belong to the joint property, is this true? - This is not true, you can look for the legal text to read for yourself, if you can't understand it, ask a lawyer to explain it face-to-face.

It is still the joint property of your husband and wife.

As long as you buy a house after marriage, no matter whose name is written or the names of both of you are written, the nature is the same, and the house is purchased with the joint property of the husband and wife, so it belongs to the joint property of the husband and wife.

Interpretation 3 of the Marriage Law talks about the fact that one of the parents (usually the man's parents) buys a house, indicating that the property is owned by one party, and it will be treated as one party's real estate in the event of divorce, which has nothing to do with the situation you said. There is also a provision in the Marriage Law that if the will of the parents before their death specifies that the property left behind belongs only to their children, it is the property of one party. Rest assured, there are too many names written on the real estate certificate, and they are actually all joint property of the husband and wife.

No, you misunderstood. If you do not have an agreement on the ownership of the property before and after the marriage, it is the joint property of the husband and wife, regardless of whose name it is. Interpretation 3 of the Marriage Law This time, the main focus is on taking out a loan to buy a house before marriage, obtaining a real estate certificate after marriage, repaying the loan jointly, and how to dissolve the property in the event of divorce.

Please rest assured.

I am not an expert in marriage law, but I also have the same problem as you, we are not married, the man's family bought a house, but after marriage I have to repay the loan with him, which involves my property issues, I have a friend who studies law said to me, let me quickly add my name, if you can't add it, then find a private lawyer to notarize the property, as for whether it will hurt the harmony of the husband and wife, it depends on how you communicate with your lover. That's what I did. I hope my opinion can help you!

In this regard, Interpretation III of the Marriage Law already has relevant provisions that if it is designated as personal property, one party shall compensate the other party; The inequality at the time of divorce is relative, as the law itself is equal, but in such a big country as China, thousands of years of history, women have long been in an unequal position, this kind of thinking is still there, especially in the vast rural areas, divorced, people can go, but property can not be taken away, that is the custom there, sometimes the law has no way, but more often the woman does not know how to use the law to protect her rights and interests when she divorces, she has been like this since then, because everyone is like this! With the continuous improvement of China's rule of law society, I believe that this ideology will continue to be eliminated, and women can better use the law to protect their legitimate rights and interests! The relevant regulations are as follows:

Interpretation III of the Marriage Law

Article 10 Where 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 two 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.

Who pays, who owns the equity! That's fair! The supplementary provisions at the back of the new marriage law have special provisions to explain the purchase of houses before marriage and the joint repayment of loans after marriage, regardless of men and women! There is no sexistness! This embodies the basic principle of equality before the law!

It is difficult to say that there is absolute equality, only relative fairness.

The property is half owned by your mother, and if there is no will, you have legally inherited your mother's estate, which means that you already have a quarter of the property and your father has three-quarters of the property. Your father remarried, and three-quarters of the property is also your father's personal property, but the stepmother has legal inheritance. If the stepmother's children are adults, there is no relationship with your father and there is no right to inherit.

It is your right to write the woman's name or not to get married, and it is up to you to decide. After marriage, the part of the loan repaid with the joint property and its related appreciation is regarded as joint ownership by both parties, such as divorce, the house belongs to you at the time of divorce, but you should compensate the other party for the share of the common part belonging to the other party. If a name is added, in the absence of other agreement, it shall be deemed to be half shared by both parties.

The new marriage law is beneficial to the man, and whoever pays the down payment will end up with the house.

Answer 1: If her name is written, it will be deemed to be shared by both parties in the absence of other agreements; Answer 2: If her name is not written, the two repay the loan together, and the house belongs to you after the divorce, but the value-added part generated by repaying the loan together with the woman is deemed to be shared by both parties; A3:

Proof of loan can prove to be important evidence of your down payment and should be kept. Receipts for each repayment should also be kept.

You're thinking about these things before you're married.

Then your love will be tiring.

Find someone you love and don't think too much about it.

The situation you presented is not very specific and clear. The first brief answer is as follows:

Normally, your wife does not have a right to a house that your parents bought for you before you got married. If you and your parents buy a house after you get married, if it is registered in your wife's name or your wife participates in the repayment of the loan, under normal circumstances, your wife has certain rights and interests in the house.

The main legal basis for the answer].

1. Article 18 of the Marriage Law of the People's Republic of China: In any of the following circumstances, it shall be the property of one of the husband and wife:

1) the pre-marital property of one of the parties; (b).

2. Article 22 of the Interpretation (II) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China: Where before the parties get married, the parents contribute to the purchase of a house for both parties, the contribution shall be deemed to be a personal gift to their children, unless the parents expressly express that the gift will be made to both parties. After the parties get married, where the parents contribute to the purchase of a house for both parties, the contribution shall be deemed to be a gift to both husband and wife, except where the parents expressly express that the gift is made to one of the parties.

3. Article 7 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: If the immovable property purchased by one of the parents for the children after marriage is registered in the name of the investor's children, it may be regarded as a gift to only one of the children in accordance with the provisions of Article 18 (3) of the Marriage Law, and the immovable property shall be recognized as the personal property of one of the husband and wife.