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You don't need a marriage certificate to write the name of one party when you buy a house, as long as the ID card of the party can be used, but it is best to bring the ID card, household registration book, and marriage certificate with the real estate certificate, so as not to run empty.
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Husband and wife who buy a house to write the name of one party also need to get a marriage certificate, which will be of great use to the future property rights relationship and avoid disputes.
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Whose name is written when buying a house is not directly related to getting a marriage certificate. However, when buying a house after marriage, it is recommended to write the names of both parties.
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That's for sure, no matter whose name you write, since you're married, you have to bring your marriage certificate.
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Generally speaking, it is required, because buying a house after marriage is in principle the joint property of the husband and wife. Therefore, it is necessary to provide a marriage certificate.
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No matter how many people's names are written, both husband and wife must show their ID cards and sign the marriage certificate (if they are not married, they must show the single certificate of the civil affairs department), otherwise they will not go through the procedures for buying a house.
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If a husband and wife buy a house after marriage, they must provide the original "Resident Identity Card" of the purchaser (one or both parties), and the marriage certificate is not a valid document to prove identity as stipulated by China.
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After marriage, the household registration book and ID card of both parties to the house are required, and it is the name of the two people, and the joint property of the husband and wife.
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If you have to buy a house and the house is presented with both people's names written on it, you must show a marriage certificate. Otherwise, people don't know what the relationship between the woman and you is. What if you're helping the junior buy a house?
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As long as you buy a house, you must show a marriage certificate with the aim of reducing disputes later.
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After marriage, couples must get a marriage certificate to buy a house to avoid disputes in the future.
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This one is not clear. If writing the names of two people is required.
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Legal analysis: The law stipulates that in the absence of an agreement on the ownership of their respective property, the real estate acquired during the marriage, regardless of which name is registered, is in principle the joint property of the husband and wife.
If the husband and wife use joint property to buy a property after marriage, and it does not involve the use of personal property to pay for the house, no matter whose name is written on the real estate certificate, the property belongs to the joint property of the husband and wife.
Circumstances in which the purchase of a house after marriage is not part of the joint property of the husband and wife:
1) If the immovable property purchased by one of the parents for the child after marriage is registered in the name of the investor's child, it may be regarded as a gift to only one of the children in accordance with the provisions of the Marriage Law, and the immovable property shall be recognized as the personal property of one of the spouses.
2) If both parties use common property to buy a house in the name of their parents, and the property right is registered in the name of one of the parents, the property right of the house belongs to the parents, and it does not belong to the property of the husband and wife at the time of divorce, and cannot be divided, and can only be counted as a creditor's right to repay the capital contribution according to the capital contribution.
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.
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Legal analysis: Buying a house after marriage, writing the names of two husband and wife or writing the name of one person is joint property after marriage, unless one person's name is marked with "separate ownership".
A property marked "separately owned" is owned by one party and is not divided by the other party in the event of a divorce. The procedure is as follows: the spouse writes a declaration of renunciation of property rights and files it with the Housing Authority.
In this way, there is only one person's name in the real estate certificate, and the name is followed by a parenthetical indication of "all formwork beams alone." ”
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 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 by the orange.
Husband and wife have equal rights to dispose of joint property.
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Legal Analysis: There is no big difference. If the husband and wife do not explicitly agree on the purchase of a house during the marriage of the husband and wife, and only the name of one of them is written on the real estate certificate, it shall be recognized as the joint property of the husband and wife, and the property shall be disposed of with the consent of both parties in the later stage.
Article 1062 of the Civil Code of the People's Republic of China The following types of 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) Property inherited or donated to return filial piety, except as provided for in item 3 of Article 163 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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Legal analysis: Buying a house after marriage, writing the name of the husband and wife or writing the name of one person is joint property after marriage, unless the name of one person is marked "separately owned".
A property marked "separately owned" is owned by one party and is not divided by the other party in the event of a divorce. The procedure is as follows: the spouse writes a declaration of renunciation of property rights and files it with the Housing Authority.
The title deed thus issued has only one person's name, and the name is followed by a parentheses indicating "Separately owned." ”
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 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 should be jointly owned.
Husband and wife have equal rights to dispose of joint property.
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Legal analysis: After marriage, you can only write one person's name, and both husband and wife can choose to write only one person's name, or they can write the name, if the husband and wife have not signed a property agreement on the ownership of the property, then the property belongs to both husband and wife no matter whose name is written.
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 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 in wild excavation;
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. Songnucleus.
Husband and wife have equal rights to dispose of joint property.
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