The car and house bought after marriage, but the certificate was reissued later, is this considered

The time of marriage shall be based on the time of registration on the marriage certificate. If it is purchased with joint financing, it is joint property, and if it is not, it is personal property.

The legal provisions on community property of the spouses:

Article 17 of the Marriage Law stipulates the scope of property acquired by husband and wife during the existence of the marital relationship and which shall be jointly owned by the husband and wife, that is, 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 refer to the salaries, bonus incomes and various welfare policy income and subsidies of one or both parties during the existence of the husband and wife relationship;

2) Income from production and business operation refers to the income from production and business operation of one or both husband and wife during the existence of the husband and wife relationship;

3) The income of intellectual property rights refers to the income of intellectual property rights owned by one or both spouses during the existence of the marital relationship;

4) Property obtained by inheritance or gift refers to the property obtained by one or both parties as a result of inheritance and acceptance of gifts during the existence of the marital relationship. In the case of inheritance income, it refers to the acquisition of property rights, not the actual possession of property. Even if the marriage is not actually in possession before the termination of the marital relationship, as long as the inheritance occurs during the existence of the marital relationship, the inherited property is also the joint property of the husband and wife, except as provided for in paragraph 3 of Article 18 of this Law;

5) Other property that should be jointly owned.

6) Housing subsidies and housing provident funds actually obtained or should be obtained by both parties.

7) The endowment insurance money and bankruptcy settlement compensation actually obtained or should be obtained by both parties.

8) The part of the marital relationship that should be shared by the husband and wife during the existence of the marital relationship, such as demobilization allowance and self-employment allowance paid to the name of the soldier.

The time of marriage is subject to the time of registration on the marriage certificate, and in principle, the property purchased before marriage is pre-marital property, and the property purchased after marriage is joint property. However, the Marriage Law has provisions on the marital property agreement between the husband and wife, and the parties may agree in writing that the car and house belong to the joint property of the husband and wife. In the case of a house, it is advisable to add the names of two persons to the title deed, so that it can be recognized as joint property, because the house as real property is subject to the registration of real estate to see whether it is joint property.

Legally speaking, the marriage is only legal and legal after obtaining the license, so the garage should be personal property, unless there are other special provisions involved after marriage.

Marriage is subject to marriage registration, so it is not considered the joint property of the husband and wife.

[Legal Opinion].

There are three scenarios:

1) A house purchased by one party at his or her own expense before the marriage. According to the provisions of the Marriage Act, the pre-marital property of one of the spouses is the personal property of one of the spouses. Before the marriage, the house that one party has purchased, paid for and has ownership of is obviously the pre-marital property of one party, which is personal property and not 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.

2) A house purchased by one or both parents. If a house 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, and the house shall be recognized as the personal property of one of the spouses. However, if the property is registered in the names of both husband and wife, it shall be regarded as a gift to both husband and wife, and the house shall be recognized as the joint property of the husband and wife.

Secondly, if the house is purchased with the capital contribution of both parents, and the property right is registered in the name of one of the children, the house can be recognized as jointly owned by both parties according to the share of their respective parents' capital contributions, and belongs to the joint property of the husband and wife. In reality, many parents use up their life savings to buy a house for their children, and this provision is also a protection for the property of both parties and their parents in the marriage.

3) If one party signs a contract to buy a house before marriage and pays the down payment with personal property, if he or she repays the loan with the joint property of the husband and wife after marriage, and the house is registered in the name of the down payment house, it can be dealt with by agreement first, and if the agreement is not reached, the court generally determines that the house belongs to the party with the property right registration, and the money repaid jointly by both parties can be compensated by one party to the other party.

Buying a wedding house is a major event for many couples when they are ready to get married, but due to the high cost of the house, many times the newlyweds will have disputes over the house, so is the house purchased before marriage considered the joint property of the husband and wife?

1. Is the house purchased before marriage considered the joint property of the husband and wife?

Answer: Not necessarily, it varies depending on the situation.

1. One party buys the house in full before marriage.

If one of the spouses buys the house in full before the marriage, and there is only one person's name on the title deed, then this situation does not belong to the joint property of the husband and wife, because the funds for the purchase of the house are personal property.

2. One party buys a house in full before marriage, and adds his name after marriage.

If one party buys a house in full before marriage, as mentioned in Article 1, it is personal property, but if the name of the other half is added after the marriage, it is different, and after the name is added, the other half also enjoys the property rights of the house, so it is not personal property.

3. Pay part of the money before marriage and repay the loan jointly after marriage.

If the house purchased before marriage only pays the down payment or the loan is not repaid and then gets married, and the husband and wife jointly repay part of the loan after marriage, then the part of the joint repayment of the house belongs to the joint property of the husband and wife, and the part of the personal repayment before marriage does not.

4. Buy a house together before marriage.

If you buy a house before marriage, but the two people jointly contribute to it, then the house will also belong to the joint property of the husband and wife after marriage.

The above is the relevant information about the purchase of a marriage house, although it is very important for husband and wife to get along with each other, but should not be embarrassed when they should protect their rights and interests, so as not to cause harm in the future and regret it.

If one of the husband and wife signs a real estate sales contract 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 paying the down payment, the real estate 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 the property rights shall compensate the other party for the payment of the loan jointly repaid by the parties after marriage and the corresponding part of the appreciation of the property; If both parties jointly contribute to the purchase of a house before marriage and repay the loan jointly after marriage, and the house is registered in the name of one party, the part of the joint repayment of the loan after marriage and the corresponding part of the house appreciation shall be recognized as the joint property of the husband and wife, and the rest shall be jointly owned according to the capital contribution; If both parties jointly contribute to the purchase of a house before marriage, the house is registered in the names of both parties and shall be recognized as the joint property of the husband and wife.

Since the case you provide is relatively simple, you may wish to entrust a professional lawyer to state the case in detail and provide relevant evidence materials to obtain a complete answer and further help from the lawyer.

What is Community Property?

According to the Marriage Law of the People's Republic of China and relevant laws and regulations, joint property of husband and wife refers to the property jointly owned by husband and wife during the existence of the relationship between husband and wife. The so-called period of the relationship between husband and wife refers to the period between the marriage of the husband and wife and the death or divorce of one of the spouses, and the property acquired by the husband and wife during this period, unless otherwise agreed, belongs to the joint property of the husband and wife.

Husbands and wives have equal rights to dispose of jointly owned property. The consent of the spouse is required for the distribution of property by one of the spouses during the existence of the spouse.

1. Housing Provident Fund - > Yes! The key is before or after marriage.

The housing provident fund obtained every month is also a lot of money to accumulate for a few years. When dealing with the issue of housing allowance and housing provident fund in divorce cases, the key is whether it is before or after marriage.

In the case of divorce, only the housing allowance and the housing provident fund for the duration of the marriage are divided.

In other words, the total amount of housing provident fund and housing subsidy in the marriage relationship of two people should be calculated and then divided. If the housing provident fund cannot be withdrawn for some reason, one party can compensate the other party according to the difference between the provident fund and the housing allowance it has.

1. The legal provisions of the new Marriage Law on pre-marital property:

The new Marriage Law stipulates that premarital property belongs to one of the husband and wife, and "Article 18 In any of the following circumstances, it shall be the property of one of the husband and wife: (1) the premarital property of one party; ......Husband and wife may stipulate that property acquired during the existence of the marital relationship and property before marriage shall be owned separately or jointly, or partly separately and 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.

2. Attention should be paid to the following aspects in the disposal of pre-marital property:

1. The key to judging whether it is premarital property is that the time of acquisition of property rights is before marriage.

If the right to property was acquired before the marriage, but the property was actually taken after the marriage, it is in the nature of pre-marital personal property. For example, if one of the spouses accepts the inheritance before the marriage, and the estate is divided after the marriage, although the inheritance is actually obtained after the marriage, its ownership has been acquired before the marriage, so it should be recognized as the property of one party before the marriage.

2. The pre-marital property of one of the husband and wife shall not be converted into the joint property of the husband and wife due to the continuation of the marital relationship. Unless otherwise agreed by the parties.

The new Marriage Law abolishes the fact that "property owned by one party before marriage and jointly used, operated and managed by both parties after marriage, and whose houses and other means of production are of greater value after eight years, and valuable means of subsistence after four years, may be regarded as joint property of husband and wife." "This provision.

Article 19 of the Interpretation (I) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China states: "The property owned by one of the husband and wife as stipulated in Article 18 of the Marriage Law shall not be converted into the joint property of the husband and wife due to the continuation of the marital relationship. Unless otherwise agreed by the parties.

3. Where personal property before marriage is naturally damaged, consumed, or lost during the common life after marriage, and one party requests compensation with the joint property of the husband and wife at the time of divorce, it will not be supported.

Now there is no mention of de facto marriage, you have not obtained a marriage certificate before can only be regarded as cohabitation, as far as the house is concerned, cohabitation is divided into their own, depending on how you pay the money, the division can only be one person wants a house, one wants money, of course, people have temporary difficulties in life also have the right to live.

After applying for a marriage certificate, the property accumulated by the two husbands and wives after that time is joint property.

1. The property during the period of cohabitation is not exactly the same as the joint property of the husband and wife. Although the property acquired during the period of illegal cohabitation is treated as joint property, it is not subject to the provisions of the Marriage Law, but in principle is distributed according to the principle of equal division and according to the contribution of each party to the property.

2. According to Article 22 of the Several Specific Opinions of the Supreme People's Court on the Handling of Property Division Issues in the Trial of Divorce Cases by the People's Courts and Article 10 of the Several Opinions of the Supreme People's Court on the Trial of Cases of Cohabitation in the Name of Husband and Wife without Marriage Registration, "when an illegal cohabitation relationship is dissolved, the income and property acquired jointly by both parties during the period of cohabitation shall be treated as ordinary common property." Before cohabitation, property voluntarily given by one party to the other party may be treated as a gift.

3. Theoretically speaking, the property rights belong to whoever registers and settles in whose name it should be registered. Such as: real estate, cars, bank deposits, etc.

If registration is not required, in principle, it is up to whoever purchases, uses, takes care of, and keeps it. If it is jointly purchased, used or cared for and kept by the parties, and it is indivisible, it shall be settled through negotiation, and it shall be decided that one party will acquire the property in its entirety, while the other party shall receive the corresponding value compensation (which can be cash, or debt, equity, options, ownership of other property, in kind, etc.). Such as:

Household appliances, furniture, pets, etc. The disposition of other property shall be settled by both parties through negotiation.

Only after the marriage certificate is applied can there be a husband and wife. The state only recognized it at this time. So if you buy a house after 6 years and it's all two people's common money, and you don't know who owns whom, it is joint property.

The saying of 6 years of marriage should not exist. Any law that mentions property is only an enumeration of property that the law allows, and is determined in accordance with the methods, rules and regulations in reality, and is not directly regarded as property. Husband and wife are also bound by the family, two people are already a family relationship, don't just talk about husband and wife, the marriage law adheres to the spirit of seeking truth from facts, and the people had better respect the facts, and only buy a house after six years of marriage.

I married that, and I think it's your husband and wife's joint property. Although you did not have a marriage certificate before, you bought this house as a husband and wife living together. There is no other way to put it, this one is very accurate.