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Personal property, of course.
Of course, if you handle notarization, it is best to consult the local notary office in advance to avoid running back and forth, and all documents in the notary office in the process of notarization must be signed by the parties themselves, and their own fingerprints are prohibited. Some notarizations are relatively expensive, so you can consult before you get them.
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Personal property. Joint property refers to the following property acquired by the husband and wife during the existence of the marital relationship, which is jointly owned by the husband and wife: (1) wages and bonuses; (2) income from production and operation; (3) income from intellectual property rights; (4) Property acquired by inheritance or gift, except for property that is determined in the will or gift contract to belong only to the husband or wife; (5) Other jointly owned property.
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A house bought before marriage, unless otherwise agreed, is personal property after marriage.
Look specifically at the marriage law.
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If the real estate certificate is obtained after marriage, it is generally joint property.
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Theoretically, if there is no bank loan, it is all personal property before marriage, which does not need to be notarized, as long as the date of the real estate certificate is earlier than the marriage certificate.
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It is personal property. You can go to a notary office to have your property notarized.
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Legal analysis: First, the house you bought before you got married, if you buy it in full before marriage, the house is your personal property. Marriage does not change the property rights of the house.
Second, if the house bought before marriage, if it is a part of the down payment before marriage, the house bought with a loan, and the two parties repay the loan jointly after marriage (as long as it is repaid with your own income after marriage, it is counted as joint repayment, because your income is joint property), then this issue is now controversial. It is necessary to comprehensively look at the proportion of the down payment, the time of obtaining the property right certificate, and the region, and the courts in different places are not exactly the same in their determination of this issue. If it is recognized as joint property, the other party has half of the property rights, and only needs to return half of your down payment and half of the pre-marriage loan repayment to you.
If it is determined to be your personal property, then you will need to pay half of the loan repayment after the marriage.
Legal basis: Article 1062 of the Civil Code The following property acquired by husband and wife during the existence of the 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;
B) the income from production, operation, and investment in blind and trapped tung;
3) income from intellectual property rights;
4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law;
e) Other property should be kept in possession of Angelica co-milla.
Husband and wife have equal rights to dispose of joint property.
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Legal analysis: (1) Before the marriage, the house that one party has purchased, paid off and has ownership of obviously belongs to the pre-marital property of one party, which is personal property, not the 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.
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.
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Legal analysis: A house bought before marriage is considered pre-marital property. According to the laws of our country, the items acquired by one party before marriage or purchased with one's own personal property belong to one party's pre-marital personal property, so the house purchased by one party before marriage belongs to that party's pre-marital property.
Legal basis: Article 1046 of the Civil Code of the People's Republic of China Marriage shall be completely voluntary between a man and a woman, and it is forbidden for either party to force the other party or any organization or individual to interfere. Article 1047:The age of marriage shall not be earlier than 22 years 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, and the man may become a member of the woman's family, in accordance with the agreement between the man and the woman.
Article 1051:Marriage is null and void in any of the following circumstances: (1) bigamy; (2) Have a family relationship that prohibits marriage; (3) They have not reached the legal age for marriage.
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A house bought before marriage is not considered joint property after marriage.
Community property refers to property acquired during the normal existence of the marital relationship. The property owned by one of the spouses shall not be converted into the joint property of the husband and wife as a result of the continuation of the marital relationship.
Unless otherwise agreed by the parties, if one of the parents buys a house before marriage and gives it to the newlyweds, the house is considered joint property.
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Hello dear! If the property is sold before marriage and after marriage, whether it belongs to the joint property of the husband and wife depends on the following circumstances: 1. If the property is fully funded by one party before marriage and is registered in the name of one party, then the property belongs to the registered person.
If the property is sold after marriage, it is also owned by the registrant and is not the joint property of the husband and wife. 2. Before marriage, one party makes a down payment and registers it in the name of one person, and both parties repay the loan jointly after marriage, and the part of the husband and wife who jointly repay the loan and the part of the house appreciation at the time of divorce belong to the joint property of the husband and wife and can be divided. 3. One party makes a down payment before marriage and registers it in the name of both parties, and both parties repay the loan jointly after marriage, and the house belongs to the joint property of the husband and wife at the time of divorce and can be divided.
4. If one of the parties to the pre-marital property makes a down payment and is registered in the name of the parents of the funder, and after the marriage, the parents of one of the parties contribute the capital or the property owner repays the loan with the pre-marital property, and the house is not the joint property of the husband and wife after being sold at the time of divorce and cannot be divided. Legal basis: Article 1062 of the Civil Code provides that the following property acquired by husband and wife during the existence of the 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 1063 of this Law; 5) Other property that shall be jointly owned.
Husband and wife have equal rights to dispose of joint property.
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1. Is the house bought before marriage considered the joint property of the husband and wife?
1. The house bought before marriage is generally not considered joint 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.
2. Legal basis: Article 1063 of the Civil Code of the People's Republic of China 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.
2. Is the trouser grinding loan a joint debt of the husband and wife?
If the loan is signed by the husband and wife, it is a joint debt. Where a creditor claims rights for debts incurred by one of the husband and wife in his or her own name for the daily needs of the family during the existence of the marital relationship, and the creditor claims rights on the grounds that they are joint debts of the husband and wife, the people's court shall support them. If the debt is incurred in the name of an individual in excess of the daily needs of the family, it is not a joint debt of the husband and wife.
Debts incurred by both husband and wife in the joint signature of the husband and wife or by one of the husband and wife after the fact, as well as debts incurred by one of the husband and wife in their own name for the daily needs of the family during the existence of the marital relationship, are joint debts of the husband and wife.
Pre-marital property refers to property acquired by one of the spouses before the marriage. The pre-marital property of one of the spouses, whether movable or immovable, tangible or intangible, is protected by law as long as it is lawfully acquired. So how is the pre-marital property distributed in the event of divorce? >>>More
We're all married, so there's nothing to talk about.
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