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There are two situations: one is to buy a house before marriage. Although the woman did not make a down payment, she was responsible for paying the monthly payment, which was the joint property of the two. Yes, it can be done on the title deed.
with your name written on it. The second is to buy a house after marriage. The property of the husband and wife during the subsistence of the husband and wife is the joint property of the husband and wife.
Even if the woman is not responsible for paying the monthly payment, she can add her own name.
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Yes, you can decide who to add to your property, especially the person who owns it, you can add anyone's name as you want, that's your right, if you care about these things, you can coordinate with the woman and discuss it yourself.
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The down payment made by the woman who bought the house and the monthly payment was paid every month, of course, the woman can add her own name, and the down payment you made without adding your name is not a loss.
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You can add, if there is a contradiction after not adding it, the money you pay is given to the man for nothing, and there is no guarantee for yourself!
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Such an agreement can add the woman's name, and the woman's monthly payment is far more than the down payment.
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It depends on whether the woman is happy or not.
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Of course you can, after all, the monthly payment every month in the future is also a large amount, and even if you pay it back alone after marriage, it will be your joint property after marriage. So let's write it down.
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Of course, you can add your own name, at first it is one person, and later it is the joint property of two people. If it's good enough for you, it will definitely add your name.
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You have to negotiate, after all, both of you are not paying for it.
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When buying a house, your girlfriend is reluctant to make a down payment but has to add her name, and the solution is to buy it before marriage as much as possible.
Buy a house before marriage, write your name, and in the future, when you divorce, the property rights can belong to you.
Judicial Interpretation 3 of the Marriage Law: 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 the real estate is registered in the name of the party paying the down payment after marriage.
At the time of divorce, the immovable property can be recognized as the personal property of the immovable property owner, and the part of the loan that has not yet been repaid is the personal debt of the real estate owner, and the part of the house appreciation and the joint repayment of the loan belongs to the husband and wife, and the joint property of the husband and wife will be distributed at the time of divorce.
For the determination of pre-marital and post-marriage, it is not based on the time of the real estate certificate, but on the time of payment of the "House Purchase Contract".
If the other parent does not require the name of two persons or the name of the other spouse to be written, and the other spouse does not request to write the name of two persons or the name of one of the other spouses, the property will be recognized as the joint property of the husband and wife after divorce according to the provisions of the Marriage Act.
At this time, you can sign a written loan agreement with your parents, and this loan agreement is the same whether you sign it with your parents, or if you sign it with your parents. According to the principle of priority given priority to the expression of the parties' intentions in civil juristic acts, if there is an agreement on the contribution of a parent to the purchase of a house for the marriage of a child, it shall be in accordance with the agreement, and if there is no agreement, it shall be presumed to be a gift.
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Legal analysis: There is no legal provision that it must be added. If the man pays a down payment for the purchase of the house, adding his name to the real estate deed is considered a gift, and the woman can claim the right. If the name is not added, the wife can only claim to divide the rights and interests of the joint repayment part and the corresponding property appreciation part at the time of divorce.
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 premarital property of one party, (2) the 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) the daily necessities for the exclusive use of one party, and (5) other property that should belong to one party.
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1. Is it joint property for the man to make a down payment before marriage and the woman's name after marriage?
1. If the down payment is paid before marriage, and the rest of the mortgage is handled, and if the name of one party (or plus one's parents) is on the real estate ownership certificate, the property itself is a personal pre-marital property, but the mortgage part paid after obtaining the certificate belongs to the joint property of the husband and wife, and the division can be requested in the divorce; If you buy a house after marriage, no matter whose name is on the real estate deed, who made the down payment, and who pays more, the house belongs to the joint property of the husband and wife.
2. 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.
2. The man pays the down payment before marriage, and repays the loan jointly after marriage, and how to divide the house when divorced
The details are as follows: 1) The appreciation of the house bought before marriage has nothing to do with the spouse.
2) The house bought before marriage and registered in one's own name is personal property and will not be distributed at the time of divorce.
3) Regardless of before or after marriage, if the house purchased by the parents is registered in the name of their children, it is deemed to be personal property and does not belong to the joint property of the husband and wife.
4) The husband bought a house before marriage, and after the marriage he sold the house without authorization, if his wife wants to recover the house, the court will not support it.
5) If the house bought before marriage is registered in your own name, if the husband and wife repay the loan together, the other party's repayment should be considered for compensation when divorcing.
6) After marriage, when the husband and wife participate in the purchase of one of the parents' houses with joint property, the house belongs to the personal property of one party after the divorce and does not participate in the division of property.
If you pay a down payment before marriage, and apply for a mortgage for the rest, and the name of one party on the real estate title certificate (or add your father and mother), the property itself is a personal pre-marital property, and if you buy a house after marriage, no matter whose name is on the real estate certificate, who makes the down payment, and who pays more, the house belongs to the joint property of the husband and wife.
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No. The premise of the change registration is that the house cannot be in a state of restriction of rights, but the house that is bought with a loan is in a state of mortgage, so only the down payment is paid, and the name cannot be added to the real estate certificate. Article 208 of the Civil Code The creation, alteration, transfer and extinction of immovable property rights shall be registered in accordance with the provisions of the law-type rolling auspicious law.
The creation and transfer of movable property rights shall be delivered in accordance with the provisions of law.
Article 1063 of the Civil Code of the People's Republic of China stipulates that the following property is the personal property of one of the husband and wife: (1) the premarital property of one party; (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 party.
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Summary. Kiss <>
We'll be happy to answer your questions<>
I paid the down payment, the name is written in the woman's pre-marital man's down payment, and the woman's name is regarded as a gift from the man to the woman, which belongs to the woman's personal property, but if the loan is repaid with joint property after marriage, then even if the woman's name is written, it still belongs to the joint property of the husband and wife. It is advisable to sign an agreement, if it is a pre-marital property, it is a personal property, which is equivalent to the woman having full property rights. An agreement can be signed to prove that the down payment was made by the man to protect his or her own rights.
I paid for the down payment, and the woman's name was written.
Kiss <>
We'll be happy to answer your questions<>
I paid the down payment for the file, the name is written in the woman's pre-marital man's down payment, and the woman's name is regarded as a gift from the man to the woman's high party, which belongs to the woman's personal property, but if the loan is repaid with joint property after marriage, then even if the woman's name is written, it still belongs to the joint property of the husband and wife. It is advisable to sign an agreement, if it is a pre-marital property, it is a personal property, which is equivalent to the woman having full property rights. You can sign an agreement to prove that the down payment was made by the man to protect his own rights.
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If the man sells the first stove to write the woman's name, the real estate belongs to the woman's personal property. After the divorced woman obtains the house, she shall compensate the husband and defend the grandson; If the house is repaid jointly by the husband and wife after marriage, the part of the joint repayment and the part appreciated after the marriage belong to the joint property of the husband and wife, and the woman shall compensate the man for the value of this part.
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