Without divorce, can the house bought by one party be considered joint property of the husband and w

Updated on society 2024-05-11
21 answers
  1. Anonymous users2024-02-10

    The question is this: if you are married, but you have not yet divorced, can the house bought by one of the spouses be considered joint property between the husband and wife? I believe that everyone has their own different opinions and degrees of identity, so as a member of the people, what is my opinion?

    In this case, I think it can be regarded as joint property between husband and wife? In fact, my answer is also very vague, I personally think that it can be said that it can be considered the joint property between husband and wife, or it can be said that it is not the joint property between husband and wife, why is this? Because there are still some situations in it, now let's analyze the specific problems in detail.

    We all know very well that under normal circumstances, as long as there is no divorce, then the husband and wife are one. That is to say, the husband's money and goods belong to the wife, and the wife's money and goods are also the husband's. In this case, although the husband bought the house alone, the husband and wife are one, and after marriage, they are jointly owned by each other, so although there is no divorce, the house bought by one of the parties belongs to the joint property between the husband and wife after the divorce and can be completely divided equally.

    Of course, there is another situation where the house belongs to the person who bought the house by himself, and after the divorce, the house is not divided equally. The prerequisite for this situation is that the husband and wife have signed a pre-marital personal property before they get married. In this agreement, if the house is in the agreement, it means that the house is owned by the buyer personally, and no matter whether they get married or divorced later, they will not participate in the equal division of the house.

    Therefore, the prenuptial personal property agreement is particularly important. <>

    In any case, live well when you get married, and don't worry about the division of property after divorce. As long as you live your life well now is the biggest thing. At the same time, we also have to pay attention to some **, don't let them cheat us out of our money. <>

    In short, everyone has the right to pursue happiness, but they must not do things that harm others.

  2. Anonymous users2024-02-09

    If the house is bought after marriage, it can be regarded as the joint property of the husband and wife, and if the house is bought by one party before the marriage, it is the property owned by the individual.

  3. Anonymous users2024-02-08

    Of course, it cannot be regarded as joint property of husband and wife, because the house was purchased by the other party before marriage, so it is only personal property.

  4. Anonymous users2024-02-07

    It can be regarded as joint property of husband and wife, because two people are still legally husband and wife, so everything belongs to two people.

  5. Anonymous users2024-02-06

    In the absence of a divorce, if one party buys a house in his or her own name, it should be part of the joint property of the husband and wife. Because they bought the house after marriage, the money he used may be earned by you jointly, so it is considered your joint property. However, if the finances of the two people have been separated, there may be other theories.

    However, if a person buys a house with the joint property of the husband and wife, this must be the joint property. But if the finances have been separated, then the person used the money he earned to buy the house, which should belong to him, but the court will still make a different judgment according to the actual situation. <>

    I think from a moral point of view, you shouldn't worry about the house that someone else buys with money. Everyone should still work their own, earn their own money, and obtain their own wealth. You shouldn't worry about other people's things.

    Although the house is a very large amount of wealth. But it's not something to worry about. In order not to divide their property among their other half, some people will even transfer their property to the name of their parents or other relatives.

    So try to get what you deserve according to your conscience and morality, and don't worry about the rest. <>

    Some people do earn more wages, while some people don't earn that much, so some people buy their own property during marriage. But the other party will feel particularly aggrieved, because he has also paid a lot at home. So he thinks it should be their joint property.

    And there is no way to measure this kind of thing, it can only be fought for in court, and then the judgment is made according to the judge's wishes. In order to prevent such disputes, try to buy a house after the property has been divided, otherwise there is no way to divide the house. <>

  6. Anonymous users2024-02-05

    Of course, it is the joint property of the husband and wife, because it is purchased by two people at the joint expense, although there is only one person's name, but it is also the joint property of the husband and wife.

  7. Anonymous users2024-02-04

    This should not be part of the joint property of the husband and wife, because it was purchased in the name of one person, so it has nothing to do with the other party.

  8. Anonymous users2024-02-03

    It is joint property, because the marriage of the two people is protected by law, and the two people are not currently divorced.

  9. Anonymous users2024-02-02

    Of course, it belongs to the joint property of the husband and wife, and this property can be divided among each other in the event of divorce.

  10. Anonymous users2024-02-01

    We have been separated for six years, but we have not divorced, and she has not given me a penny in six years. With the money I earned, the house I bought was not distributed to the man?

  11. Anonymous users2024-01-31

    1. Is the house bought after the divorce considered the joint property of the husband and wife?

    1. If you buy a house after marriage, the property does not belong to the joint property of the husband and wife. Once the divorce is registered between the husband and wife, the marriage relationship is terminated, and the corresponding property between the two parties is also independent, and the property purchased after the divorce belongs to the personal property after the marriage and has nothing to do with the other party.

    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 deal with real estate as personal property after divorce.

    1. A house purchased by one party before marriage shall be deemed to be the personal property of one of the spouses before the marriage after the full payment has been paid in full and the house ownership certificate has been obtained;

    2. If one party acquires real estate by inheritance or acceptance of gift before marriage or during the existence of the marital relationship, and the decedent or donor clearly stipulates in the will or gift contract that the testamentary heir or donee is only one of the husband and wife, it shall be deemed to be the personal property of one of the husband and wife.

  12. Anonymous users2024-01-30

    Legal analysis: A house bought after divorce cannot be recognized as a joint property of the husband and wife. After the divorce, the marital status of Bibi of both parties was dissolved, and the man and woman returned to single attributes, and then the purchase of real estate belonged to personal property.

    The property acquired by the husband and wife during the marriage relationship shall be jointly owned by the husband and wife. If the divorce has already been processed, it is not a legally recognized couple. Unless otherwise agreed on the property, it is generally not recognized as joint ownership.

    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 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) 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 property that shall be jointly owned.

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

  13. Anonymous users2024-01-29

    Legal analysis: Buying a house after divorce is personal property, not 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 10000000000000000000000000000000000000000000000000000000000

    5) Other property that shall be jointly owned.

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

    Type 1 Wang Qian063 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.

    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.

  14. Anonymous users2024-01-28

    Divorce always comes with a little unsatisfactory, but it is really an unavoidable choice, in the absence of divorce, the house bought by one party is of course considered the joint property of the husband and wife.

    1. After marriage, two people choose to get married, which means that the property after marriage is shared by both parties, and they and each other are a community of interests. In the absence of divorce, it belongs to the duration of the marriage of both parties, regardless of the feelings of both parties, the house bought by one party must have a close relationship with the other party, even if the house bought without knowing it, there is also its own share, which belongs to the joint property of the husband and wife.

    2. The marital house also belongs to the two parties in marriage, no matter what kind of products the other party buys, it is carried out using the common property, not to mention a house, which can be seen and touched with a big property. After marriage, the wages of both parties are linked to each other, and even if they are purchased with their own wages, they will be joint property, not private property of individuals. Since you have chosen to get married, you must be prepared for this, not to live alone, but to start for the family and be a member of the family.

    3. Respect for marital property, it is not easy for two people to come together, you should think more about each other and the family, you can't just care about your own happiness, and you can't face this marriage with a defensive heart. We should be honest with each other, in order to establish enough trust, the relationship between the two sides is stronger, love someone should be sincere enough to him, can not hide the behavior.

    The house is a symbol of a home, and buying a house after marriage must be communicated by both parties, and you can't make decisions alone. Even if a person buys a house, it is a joint property, and he cannot occupy it alone, and loving someone must give him enough security.

    If you want your husband and wife to have a good relationship, you should share all the benefits well, and you can't just take care of your own interests, which will accelerate the failure of the marriage.

  15. Anonymous users2024-01-27

    Yes, because the two people are still married, the house purchased in this case also belongs to the joint property of the husband and wife, and this property must be separated if there is a divorce.

  16. Anonymous users2024-01-26

    Yes, because you are not divorced, the house you bought is considered marital property, and at the time of the divorce, the house belongs to two people.

  17. Anonymous users2024-01-25

    It will definitely be counted as the joint property of the husband and wife, and only after the divorce will the things purchased by both parties have nothing to do with the other party.

  18. Anonymous users2024-01-24

    It must be counted that since there is no divorce, that is, the marriage still exists, and all the property naturally belongs to the joint property, including the house purchased.

    Article 1062 of the Civil Code.

    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 property that shall be jointly owned.

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

  19. Anonymous users2024-01-23

    Of course, buying a house during marriage is of course considered the public property of the husband and wife, even if the money for buying the house is earned by the other party, it also belongs to the joint property of the husband and wife.

  20. Anonymous users2024-01-22

    Yes, it is considered the joint property of the husband and wife, and the law stipulates that the property purchased during the existence of the husband and wife relationship is the joint property of the husband and wife, no matter who pays for it, so even if you get to the point of divorce, but if you are not divorced, it is considered the joint property of the husband and wife.

  21. Anonymous users2024-01-21

    Of course, it is considered the joint property of the husband and wife, as long as the two parties are not divorced, it is husband and wife, no matter who buys the house with common funds and the joint property of both parties, so the house bought is of course the joint property of the husband and wife.

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