Does the interpretation of the new marriage law stipulate that having children before marriage and b

Regarding whether the purchase of a house before marriage is the joint property of the husband and wife, the judicial interpretation of the new marriage law in 2013 makes the following provisions:

Specifically: 1. If the names of both parties are on the real estate certificate, the house belongs to the joint property of both parties.

2. There are two situations for the house ** or the newly bought property after demolition:

1.If there is only one person's name on the real estate deed at the time, under normal circumstances, the price obtained by ** is still his personal property, and the second house bought with this money certainly belongs to the personal property of this registered name. However, if there is evidence that the other party also contributed capital at the time of purchase, the price of the property will be divided between the two parties according to the amount of capital contributed at the time of purchase.

Since the house is paid in full, there is no question of repaying the loan.

2.If the name of the other party is added to the property certificate, it is joint property, and the second house bought with the price of ** or demolition is also joint property.

3. Provisions on real estate in Judicial Interpretation III of the Marriage Law.

1. Article 7 Where the immovable property purchased by one of the parents for the children after marriage is registered in the name of the investor's children, it may be regarded as a gift to only one of the children in accordance with the provisions of Article 18 (3) of the Marriage Law, and the immovable property shall be recognized as the personal property of one of the husband and wife. Where the immovable property purchased by both parents is registered in the name of one of the children, the immovable property may be deemed to be jointly owned by both parties in accordance with the respective parents' share of the capital contribution, unless otherwise agreed by the parties.

2. Article 10 Where one of the husband and wife signs a contract for the sale and purchase of immovable property 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 immovable property is registered in the name of the party paying the down payment, the immovable property 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 in the property right shall compensate the other party for the joint repayment of the loan and the corresponding increase in property value between the parties after marriage.

What does buying a house have to do with having a baby??? Whoever registers the house is in whose name it is.

Legal Analysis: A house bought before marriage does not necessarily belong to the joint property of the husband and wife. If the property is purchased by one party with a mortgage loan before marriage and is registered in the name of one party, the property shall be owned by one party at the time of divorce, but the part of the loan jointly repaid by both parties shall be divided according to the joint property; If the property is purchased in full by one party before the marriage, and the title is registered in the name of one party, it belongs to the personal property of one party.

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.

Legal Analysis: Not Included. The ownership of the property purchased before the marriage depends on the name on the title deed.

Legal basis: Article 1062 of the Civil Code of the People's Republic of China The following property acquired by a husband and wife during the existence of a marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife: (1) congratulatory wages, bonuses, and remuneration for labor services; (2) Income from production, operation and investment; (3) the proceeds of 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.

Legal analysis: If the house bought for your son before marriage, if the son's name is written on the real estate certificate, the house belongs to the pre-marital property, belongs to your son's personal property, and is not considered joint property.

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) the proceeds of 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.

A house bought before marriage does not necessarily belong to the joint property of the husband and wife. If the property is purchased by one party with a mortgage loan before marriage and is registered in the name of one party, the property shall be owned by one party at the time of divorce, but the part of the loan jointly repaid by both parties shall be divided according to the joint property; If the property is purchased in full by one party before marriage, and the property right is registered in the name of one party, it belongs to the personal property of one party.

Article 1063 of the Civil Code of the People's Republic of China provides that the following property is the personal property of one of the spouses: (1) the premarital property of one party; 2) Compensation or compensation received by one party for personal injury; (3) The property determined in the 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.

If there is no special agreement after marriage in the new marriage law, the house bought before marriage is not considered joint property. The joint property of husband and wife refers to the property acquired during the existence of the marital relationship and provided for in the Civil Code of the People's Republic of China, which is the joint property of the husband and wife, and is jointly owned by the husband and wife, and the husband and wife have equal rights to dispose of the joint property.

[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 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) the proceeds of 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.

The purchase of a house before marriage is not a joint property shall be determined according to the circumstances: 1. The house purchased by one party in full before marriage and registered in his name belongs to his personal property and does not belong to joint property; 2. If one party pays the first payment before marriage, the real estate is registered in his name, and the loan is repaid with the joint property of the husband and wife after marriage, it belongs to the joint property of the husband and wife; 3. If the husband and wife jointly contribute to the purchase before marriage, it is joint property. Article 78 of the Interpretation (I) of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family stipulates that if one of the husband and wife signs a contract for the sale and purchase of immovable property before marriage, pays the down payment with personal property and takes out a bank loan, and repays the loan with the joint property of the husband and wife after marriage, and the immovable property is registered in the name of the party paying the down payment, the immovable property 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 shall belong to the party registered, and the loan that has not yet been repaid shall be the personal debt of the party registered with the immovable property. In the event of divorce, the party registered in the immovable property shall compensate the other party for the joint repayment of the loan and the corresponding increase in the value of the property between the parties after marriage.