Buying a house without a license is not a pre marital property

Updated on society 2024-05-07
6 answers
  1. Anonymous users2024-02-09

    It is a pre-marital property, but remember to register it in your name.

  2. Anonymous users2024-02-08

    1. Is the house bought before marriage considered pre-marital property without a real estate certificate?

    1. Whether the house bought before marriage without a real estate certificate is considered premarital property should be judged according to the following circumstances:

    1) If the purchase is jointly funded by both parties before marriage, it is the joint property of the husband and wife, regardless of whether the real estate certificate has been applied for;

    2) If it is purchased by one of the parties with personal property before marriage, it is not the joint property of the husband and wife.

    2. 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 1063 of this Law;

    5) Other property that shall be jointly owned.

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

    2. How to notarize premarital property.

    The procedure for notarization of prenuptial property is as follows:

    1. Preparation of relevant materials, such as ID card and prenuptial property agreement;

    2. Both men and women go to the scene in person, submit a notarization application, and fill in the application form;

    3. Cooperate with the notarization of the transcript of the conversation and confirm the signature;

    4. Sign the prenuptial property agreement;

    5. Collect the notarial certificate at the notary office within the specified time limit with the fee receipt.

  3. Anonymous users2024-02-07

    Legal analysis: a house bought before registration without a real estate certificate is considered premarital property. If one of the husband and wife signs a contract for the sale and purchase of real estate before marriage, pays the down payment with personal property and takes out a loan from the bank, and repays the loan with the joint property of the husband and wife after marriage, and the real estate is registered in the name of the party who paid the down payment, the real estate shall be disposed of by agreement between the two parties at the time of divorce.

    Legal basis: Civil Code of the People's Republic of China

    Article 1046:Marriage shall be completely voluntary between a man and a woman, and neither party shall be allowed to coerce the other, nor shall any organization or individual interfere with it.

    Article 1047:The age of marriage shall not be earlier than 22 years old for men and 20 years old for women.

    Article 1048:Marriage is prohibited for lineal blood relatives or collateral blood relatives within three generations.

    Article 1049 A man and a woman who wish to marry shall apply for marriage registration in person at the marriage registration authority. Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued. The marriage relationship is established after the marriage is registered. Where marriage registration has not been completed, the registration shall be re-registered.

    Article 1050:After marriage is registered, the woman may become a member of the man's family in accordance with the agreement between the man and the woman, and the man may become a member of the woman's family.

    Article 1051 Marriage shall be null and void under any of the following circumstances:

    a) bigamy; 2) There is a family relationship that prohibits a feast and a Zen marriage;

    3) They have not reached the legal age for marriage.

  4. Anonymous users2024-02-06

    Summary. Hello dear, happy to answer for you, the following is the result of the answer with legal analysis <>

    The criteria for judging the premarital property of a house bought before marriage without a real estate certificate are as follows: whether a house bought before marriage without a real estate certificate is considered premarital property shall be judged according to the following circumstances: (1) If it is purchased by both parties jointly before marriage, regardless of whether the real estate certificate has been applied for, it is the joint property of the husband and wife; 2) If it is purchased by one of the parties with personal property before marriage, it is not the joint property of the husband and wife.

    Is the house bought before marriage considered pre-marital property without a real estate certificate?

    Dear, ruined quietly with you, I am happy to answer for you, the following is the result of the legal analysis for you <>

    The criteria for judging the premarital property of a house bought before marriage without a real estate certificate are as follows: whether a house bought before marriage without a real estate certificate is considered premarital property shall be judged according to the following circumstances: (1) If it is purchased by both parties jointly before marriage, regardless of whether the real estate certificate has been applied for, it is the joint property of the husband and wife; (2) If one of the parties purchased it with personal property before the marriage, it is not the joint property of the husband and wife.

    Kissing, legal analysis: The procedures for premarital property notarization are as follows: 1. Preparation of relevant materials, such as ID card and premarital property agreement; 2. Both men and women go to the scene in person, submit a notarization application, and fill in the application form; 3. Cooperate with the notarization of the transcript of the conversation and confirm the signature; 4. Signing the prenuptial property agreement and selling it; 5. Collect the notarial certificate at the notary office within the specified time limit with the fee receipt.

    Kissing, legal basis: Article 1062 of the Civil Code of the People's Republic of China provides that the following property acquired by a husband and wife during the existence of a 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 in the group; 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. <>

    Kiss, to sum up: the evaluation criteria for the premarital property of the house bought before marriage without a real estate certificate are as follows: whether the house bought before marriage without a real estate certificate is considered premarital property needs to be judged according to the following circumstances:

    1) If the two parties jointly contributed to the purchase before marriage, regardless of whether they have applied for the real estate certificate of the split split, it is the joint property of the husband and wife; (2) If one party buys it with a smile before marriage, it is not the joint property of the husband and wife. I hope mine can help you, if you are satisfied with my service, please give a thumbs up, I wish you all the best!

  5. Anonymous users2024-02-05

    Summary. Hello, dear, I am happy to answer for you: 1. If you buy a house before marriage and the house payment is paid 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 rest is mortgaged, and the name of one party (or parents is added) on the real estate ownership certificate, the property itself is 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 division can be requested in the divorce. 3. If you buy a house after marriage, no matter whose name is on the real estate certificate, who makes the down payment, and who pays more, the house belongs to the joint property of the husband and wife.

    Hello, dear, I am happy to answer for you: 1. If you buy a house before marriage and the house payment is paid 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 made before marriage, and the rest is mortgaged, and the name of one party is on the real estate title certificate (or add one's pure parents), the property itself is 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 division can be requested in the event of divorce.

    According to the provisions of the "Xianbi Civil Code", the property of the pre-marital companion shall be owned by each of them and shall not be converted into the joint property of the husband and wife due to the continuation of the marital relationship, unless otherwise agreed. In other words, the house bought before marriage belongs to the buyer's personal real estate, and if there is no other agreement, even if the husband and wife divorce, it cannot be divided.

  6. Anonymous users2024-02-04

    The house bought before obtaining the license is considered pre-marital property. The purchase of a house takes place before the marriage, and the property acquired before the marriage is personal property, and the property acquired after the marriage is the joint property of the husband and wife. If one of the spouses signs a contract for the sale and purchase of a house before marriage, pays the down payment with personal property and takes out a loan from the bank, 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 who paid the down payment, the immovable property shall be disposed of by agreement between the two parties at the time of divorce.

    According to Article 1063 of the Civil Code, the following property is the personal property of one of the spouses: 1) the premarital property of one of the spouses; (2) Compensation or compensation received by one party for personal injury; (3) Property that is determined to belong to only one party in a testament or gift contract; 4) Daily necessities for the exclusive use of one side; (5) Other property that shall belong to one party.

    Article 1063 of the Civil Code provides that the following property is the personal property of one of the spouses: (1) the premarital property of one of the spouses; (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 be owned by one party.

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