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Do I need the signature of both parents to write the name of the child when I buy a house after I am married?
If you and your lover bought the house after marriage, if you want to write the child's name. You don't need both of your parents to sign it. Because this child has nothing to do with your parents.
In other words, the first heirs of the house you and your lover buy are your lover and your children. Or your husband and children. Your parents do not have the right to inherit your house.
If the house was bought before marriage. Then whoever finances the house will go to whom, if the parents. Pay for the house to write your name.
Then the house belongs to you, if you get divorced after getting married, then the house is also your daughter-in-law, and you can't take any share and interest of the house.
This is the current marriage law.
prescribed. The joint property can only be divided after the two of you are married.
So when you buy a house after marriage and write your child's name, you don't need both parents to sign it?
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Look at the real estate certificate, the real estate certificate is written in the name of the child, then the property is your child, not the joint property of the husband and wife, you can't divide the house before you buy a house and write the child's name, as a gift, the property is given to your child. The act of donation has been completed and cannot be revoked without a legal reason. At the same time, the gift is a pure benefit gift, so your child does not need to be capacitated.
Divorce divides the joint property of the husband and wife, excluding the property of the children. But you can fight for custody of your children.
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Legal analysis: The name of the child can be written on the real estate certificate. However, the name of the minor can only be written if the house is purchased in full, not if it is a mortgage purchase.
Legal basis: "Measures for Housing Registration" Article 14: Minors' guardians shall apply for registration of their houses on their behalf. Where guardians apply for housing registration of minors on their behalf, they shall submit materials proving the guardian's identity; Where an application for registration is made for the disposition of a minor's house, a written guarantee for the interests of the adult shall also be provided.
Therefore, it is possible to register the child's name and transfer the title when he becomes an adult.
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Hello. Sincerely answer for you, you can establish an agreement, the content of this agreement can be: the property in the child's personal name is purchased by the parents, so the parents have the right to use and control, and the children do not deserve to have any objections.
Such an agreement will do. The best way to do this is to notarize it at the local notary office, so that the agreement is truly valid and legally guaranteed.
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Legal Analysis: Minors can become independent property owners, and if the child is underage and writes his name on the house, then the property right is the child's personal legal property.
Legal basis: Civil Code of the People's Republic of China
Article 1000 Article 62 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. Production, operation and investment income;
3) income from intellectual property rights;
4) Property inherited or donated by a hidden circle, 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.
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If Xiao Zhang's parents registered the house in his name in order to avoid the risk of debt, then there is no expression of intent to donate, then the real owner of the house is not Xiao Zhang, but the immovable property purchased by the parents of the actual funder Xiao Zhang, and the property right is registered in the name of one of the children, the immovable property can be determined to be jointly owned by the two parties according to the share of each parent's capital contribution, unless otherwise agreed by the parties.
Because the registration of immovable property rights is divided into internal effect and external effect, the external effect is that once the house is registered, there is reason to believe that the real right holder of the house recorded in the real estate register is the general situation, and the internal effect refers to the need to review the true intention of the parties to determine the real right holder, so after the husband and wife jointly contribute to the purchase of the house, the house property right is registered in the name of the minor child, but it does not mean that the real owner of the house is a minor child. Consideration should be given to the couple's true intentions at the time of purchase.
Extended Materials. 1. How to calculate the husband and wife's contribution to buy a house and register the name of their son.
If the property right is registered in the name of the child, and the husband and wife cannot simply identify the house as the property of the minor child in accordance with the registration situation when they divorce, the registration of the property of Wu Chunhong is divided into external effect and internal effect, and the external effect refers to the fact that according to the principle of publicity and credibility of the real right, after the real estate right is registered, the real estate transaction between a bona fide third party and the registered right holder based on the trust in the registration shall be protected by law. Internal effect means that the true intention of the parties should be reviewed to determine the real right holder.
2. Legal science.
The Property Law stipulates that the matters recorded in the certificate of ownership of immovable property shall be consistent with the immovable property register. In the event of inconsistencies in the records, the immovable property register shall prevail unless there is evidence to prove that there is an error in the immovable property register, that is to say, the immovable property ownership certificate is proof that the right holder enjoys the immovable property rights, but the house purchased by the husband and wife jointly funded is registered in the name of the minor child, and when the husband and wife divorce, the house cannot simply be recognized as the property of the minor child in accordance with the registration situation.
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If my son buys a house after marriage, can he write his parents' names directly? If the son buys a house after marriage and wants to write the names of his parents, if the daughter-in-law is willing, it is okay, but in this case, most of the daughters-in-law are unwilling, and Lu Bi because the house bought by the son is also the joint property of the daughter-in-law and the son, how can he be willing to have the names of her father-in-law and mother-in-law?
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Can be written. However, the purchase and transfer of ownership after marriage must be approved by the daughter-in-law.
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Promote housing purchase and consumption, and reduce bank risks.
If you want to sign the names of your husband and wife and both parents on the mortgage contract, it is not for leverage, but for the bank to reduce risk. Zhihu is a good person, and he may not know the way of survival of Lao Lai. Lao Lai is generally blacklisted by husband and wife, all bank cards cannot be put except for medical insurance, all assets under his name are auctioned, WeChat Alipay wallets are all frozen, and there can be no high consumption, which looks terrifying.
In fact, you can use the ID card of your parents or adult children to open a bank card and mobile phone number, so that you can use the new mobile phone number of WeChat and Alipay, in terms of income, in fact, most people's wages in China's towns and counties are sent by WeChat or Alipay transfer, so it has no impact if you can use WeChat.
In the case of housing, the houses and cars under the names of the parents and the adult children are not affected by the acorn source liquid, so the impact of the housing travel beam is not great. This credit blacklist looks terrifying, but the actual deterrent effect is not very great. But if your name and the names of both parents are signed, it is not the same, in case it is not finished, you plan to stop the loan, if the child is not yet an adult at this time, the loan is signed by the two young couples and both parents, then once the loan is stopped, all the assets in the name of all adults in your family will be auctioned, all the houses and cars are gone, everyone's bank card and mobile phone number bound to WeChat Alipay will be frozen, whether it is you or your parents, as long as you open a new bank card or mobile phone number, it will be locked, There are no more people who can help save money.
This situation of signing the names of both parents and their own husband and wife is a way for the bank to reduce the risk.
Do I have to sign a contract before buying a house?
I think it's still good to buy a house with the child's name written because it can avoid disputes between properties.
It is necessary to divide the situation:
1) For children to contribute to their parents to buy a house, real estate certificate. >>>More
Of course, the money to buy a house is saved by yourself, your own house is bought and lived in, where the old people are not qualified to come to live, in this fingering, saving a few hundred on the posture that he is the owner of the house, living harder than us, but also living in the master bedroom, occupying two rooms by themselves, one each in winter and summer, so that the children do not have their own bedrooms, the family is their own money to decorate and buy furniture, a tantrum will smash me and fall, this kind of old man directly blasted out, don't give me anything unfilial, see it upset.