-
1. Premarital property notarization is an incentive measure to prevent disputes in the future, but whether it is notarized or not does not affect the original condition of the property.
2. Your husband has signed a house purchase contract and paid the down payment before marriage, and the court generally determines that the house belongs to your husband's personal property before marriage, but the loan repaid after marriage belongs to the joint property of the husband and wife.
3. You can ask for your name to be added to the real estate certificate, but your husband needs to agree, and your husband needs to go to the housing registration agency with you to handle it.
Article 37 of the Measures for Housing Registration: To apply for registration of change of ownership of a house, the following materials shall be submitted: (1) an application for registration; (2) Proof of the applicant's identity; (3) Housing ownership certificate or real estate right certificate; (4) Materials proving the fact that the change occurred; (5) Other necessary materials.
Among them, the documents proving the fact of the change can be your marriage certificate and a written document of your husband's consent. Generally, only a handling fee is charged, and it can be completed in up to three days.
-
1.No, it is not that the pre-marital property must be justified to be one's own property, and now the marriage law stipulates that the pre-marital property is one's own unless it is declared to be joint property.
2.This makes a lot of sense, and it's fair. It may be that in the future, according to this distribution ratio.
3.Yes, you can go to the real estate registration department to change the registration, it may be free of charge.
-
1. Right; 2. If the down payment is notarized before marriage, it is also joint property; 3. With your husband's consent, you can add your name, but you need to go to the real estate department to complete the change procedures and pay the fee. The cost and duration are as required by the real estate department.
-
Legal analysis: adding a name to the real estate deed is joint property. A title deed is a valid document that proves the ownership of a home. The addition of each other's names to the title deed means that the house belongs to both parties, of course, it is joint property, and both parties have property rights to the house.
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.
-
Legal Analysis: Generally speaking, yes. The addition of a name on the title deed means that the husband and wife have a joint ownership of the house.
Legal basis: Civil Code of the People's Republic of China
Article 297:Immovable or movable property may be jointly owned by two or more organizations or individuals. Co-ownership includes co-ownership and co-ownership.
Article 299:The co-owners jointly enjoy ownership of the immovable or movable property jointly owned.
-
Legal analysis: The real estate certificate and the name are joint property, and the immovable or movable property can be jointly owned by two or more organizations or individuals. Co-ownership includes co-ownership and co-ownership.
Basis for the Termination of the Legal Book: Article 297 of the Civil Code of the People's Republic of China Immovable or movable property may be jointly owned by two or more organizations or individuals. Co-ownership includes co-ownership and co-ownership.
-
The name added to the title deed is generally considered to be joint property. A house is immovable property and needs to be registered to prove ownership, and the title deed is proof of ownership of the house. The State implements a unified registration system for immovable property.
The scope of unified registration, registration bodies, and registration methods shall be prescribed by laws and administrative regulations.
[Legal basis].
Article 209 of the Civil Code.
The creation, alteration, transfer and extinction of immovable property rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law.
According to the law, the ownership of natural resources owned by the state may not be registered.
Article 210.
The registration of immovable property shall be handled by the registration authority in the place where the property is located.
The State implements a unified registration system for immovable property. The scope of unified registration, registration bodies, and registration methods shall be prescribed by laws and administrative regulations.
Article 214.
Where the creation, alteration, transfer or termination of real estate rights shall be registered in accordance with the provisions of law, they shall take effect when they are recorded in the registration book of immovable property.
You don't have to think so much, you don't need a notarization, add a co-owner or something, no matter when the real estate certificate is done, whose name is written on the contract, this house is your common property, first of all, the two of you have a joint down payment, and secondly, you will have to repay the loan together in the future, this is a clear common property. However, care should be taken to keep evidence of the pre-marital portion of the joint payment. >>>More
What is bought before marriage is not joint property, but what is bought after marriage is considered joint property.
There are no restrictions on adding co-owners to the title deed, but the information required varies from case to case. The specific three situations are analyzed as follows: >>>More
The down payment must belong to A, the house is A's personal property, and the part of the joint repayment of the mortgage after marriage and the part of the increase in the value of the house during the marriage are the joint property of the husband and wife.
The question is more complicated.
First of all, it is necessary to clarify two concepts: first, whether the "father of his father bought a house" mentioned by LZ has paid the full amount of the house, and if so, who will pay the balance of the mortgage; Second, the legally recognized relationship between husband and wife is based on the date of marriage registration, and the engagement and wedding ceremonies that we usually talk about on weekdays cannot be the legal basis. >>>More