What does it mean to prove that the property is owned separately?

If the title deed indicates that it is owned separately, it means that it is owned by your husband personally, which means that the ownership of the property belongs to him 100%.

However, since you bought the house after you got married, according to the laws of our country, the house you bought after marriage, no matter whose name is on the real estate certificate, is regarded as the joint property of the husband and wife, and you have half of the property rights.

If you are not at ease, you can take your ID card, marriage certificate and real estate certificate to the real estate bureau to apply for adding the property owner, and you don't need to pay any fees, only pay the cost of the real estate certificate.

You can go to the bank to get back the real estate certificate 3 months after applying for the mortgage.

If the real estate certificate indicates that it is owned separately, it means that there is a clear list of properties when applying for the real estate certificate, and your husband indicates that it is owned by individuals. In other words, the ownership of the property belongs to him 100%. You don't have a property right. If there is no indication that it is joint, the property rights are not clear, and the clarity is also 50% each

If the title deed indicates that it is separately owned, it means that the property rights of the house belong to the registered owner and there is no other owner. However, under the principle of joint ownership of property between husband and wife, if the property is purchased after marriage and there is no other written agreement between the husband and wife on the division of property rights, no matter who the name registered on the property ownership certificate is, in principle, it belongs to the husband and wife in common. If the house is purchased by one party as a sole proprietorship before the marriage, it is in principle regarded as the property of one party before the marriage, and the other party does not own the property rights.

According to the interpretation of the Property Law, the ownership of property can be divided into two forms: individual ownership and a total of two forms. Sole ownership means that the subject of ownership of property is single, that is, a person alone enjoys ownership of a certain property.

The so-called co-ownership means that two or more rights holders jointly enjoy the ownership of a certain property, in other words, it means that multiple rights holders jointly enjoy ownership of a thing.

Now the registration of property rights is owned separately, which means that the property rights belong to the registrant and have nothing to do with other people. It is possible to apply for a correction of the registration of the property as joint ownership - joint ownership of the husband and wife. The most typical form of co-ownership is marital co-ownership.

Article 17 of China's Marriage Law stipulates that the following property acquired by husband and wife during the existence of the marriage relationship shall be jointly owned by the husband and wife: first, wages and bonuses; the second is the income from production and operation; third, the income of intellectual property rights; (4) property obtained by inheritance or gift, except for property determined in the will or gift contract to belong to only one of the husband or wife; Fifth, other property that should be jointly owned. Husbands and wives have equal rights to dispose of jointly owned property.

For example, if the husband and wife sell or donate property that is jointly owned by the husband and wife, they should reach a consensus. Where one of the spouses clearly knows that the other party has disposed of property but does not make a negative expression, it shall be deemed to have consented.

If you can provide proof such as bank statements and other proof that the two parties jointly contributed the investment, then the property will be judged to be jointly owned by the two parties; However, if you cannot provide relevant proof and do not notarize the property, the house may only be owned by the party who went through the formalities.

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【Legal analysis

The sole ownership on the real estate certificate means that the property rights of the house belong to the registered property owner and there is no other owner.

1. If the real estate certificate indicates that it is owned separately, it means that it is owned by the other party, that is, the ownership of the property belongs to him 100%.

2. First of all, buying a house before marriage and obtaining a real estate certificate after marriage is the personal property of the husband and wife.

3. According to the provisions of the new marriage law, regardless of whether the name of one party or the name of both parties is on the real estate certificate, as long as it is the property right of the house obtained by the husband and wife through joint contribution (including loans) after marriage, it is joint property.

4. If one of the spouses has paid the full amount of the house before marriage and obtained the real estate certificate, then the house is pre-marital property. Therefore, in the event of a divorce, the other party has no right to claim a partition.

5. The part of joint loan repayment, whether it is repaid by one party with his or her own salary or by both parties' salaries, shall be recognized as the joint property of the husband and wife. Of course, if one party can indeed prove that the loan repayment funds are from the individual's pre-marital property, then this part should not be recognized as the joint property of the husband and wife.

6. If the party whose name is on the real estate certificate does not admit that the other party has contributed capital when purchasing the house, it is considered that the house belongs to his personal property before marriage and will not be divided. On the premise that it cannot be proved that it has contributed capital and is not a gift to one party, the court is powerless to protect the rights and interests of the other party. In other words, even if the other party contributes the money, but cannot prove the capital contribution, the court cannot award appropriate compensation to one party.

Legal basis

Civil Code of the People's Republic of China

Article 209 The creation, alteration, transfer and extinction of real estate rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law.

The ownership of natural resources that belong to the State in accordance with the law may not be registered.

Article 210 The registration of immovable property shall be handled by the registration authority where the immovable property is located.

The State implements a unified registration system for immovable property. The scope of unified registration, registration bodies, and registration methods shall be prescribed by laws and administrative regulations.

Article 211: Parties applying for registration shall provide proof of ownership and necessary materials such as the boundary address and area of the immovable property based on different registration items.

Article 212: Registration bodies shall perform the following duties:

1) Check the ownership certificate and other necessary materials provided by the applicant;

2) Inquire about the applicant on the relevant registration matters;

3) Truthfully and promptly register relevant matters;

4) Other duties provided for by laws and administrative regulations.

If the relevant circumstances of the immovable property applied for registration need to be further proved, the registration authority may require the applicant to supplement the materials and, if necessary, may inspect on the spot.

Sole ownership means that the property rights of the house belong to the registered owner and no one else.

According to the provisions of Title II of the Civil Code on property rights, the ownership of property can be divided into two forms: individual ownership and a total of two forms. The separate ownership written on the real estate certificate means that the ownership of the house property is single and belongs to the registered property owner. When it comes to co-ownership, it means that the property of the house is jointly owned by two or more rights subjects, that is, multiple rights subjects have the common right to enjoy the house.

The real estate certificate is an important legal document issued when the real estate is sold, exchanged, leased and mortgaged, and the real estate cannot be transferred, gifted and inherited without the real estate certificate. Before obtaining the real estate certificate, the property cannot be pledged, pawned, etc. It is not possible to obtain a loan or bear other civil liabilities through the pledge or pawn of real estate.

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The "separately owned" written on the title deed means that the property rights of the house belong to the registrant alone and do not belong to any other person. However, there is a provision in this, that is, after marriage, in the case of using the joint property of the husband and wife to buy a house, no matter who is registered on your real estate certificate, in principle, it is the joint property of the husband and wife. If it is purchased by a single party before the marriage, the "sole ownership" belongs to the registrant.

1. The form of propertyFrom the provisions of the Property Law, the form of property is mainly divided into separate ownership and joint ownership. Sole ownership means that the ownership of property is single, and a person has exclusive ownership of property, such as a house bought by himself before marriage, which belongs to separately owned property. Co-ownership means that multiple people share the ownership of property, such as marital property after marriage, which belongs to two people in common.

According to the provisions of China's "Marriage Law", the property acquired during the existence of the marital relationship belongs to the husband and wife. Except for a small amount of special income, the rest is shared by the husband and wife. However, the Marriage Law will be replaced by the Civil Code in 2021, and the new code will be followed.

2. Separate ownership generally refers to a person who enjoys the ownership of property alone, but this is divided into whether it is owned separately before marriage or after marriage. Before marriage, a person buys a house with full money, and the sole ownership refers to your own property, as long as the marriage does not register the other party's name, the house is your own ownership. If it is a house that two people pay for after marriage, or use joint property to pay off the mortgage, then it is meaningless to own it alone.

Regardless of who the registrant is, the house should be the property of the husband and wife.

3. The name of the registrantThe name of the registrant is particularly important on the real estate certificate. If you only have your name written and you buy it separately, it can be counted as a separate property in the true sense. Once you add the name of the other person, or say that the loan is repaid together after marriage, then the joint ownership becomes joint ownership.

Answer: According to your question, the relevant knowledge of the inquiry is as follows [happy] [happy]1, sole ownership, which means that the property right of the house belongs to the registered property owner and no other owner. In the case of joint ownership, it means that the parties named in the title deed jointly own the property and jointly exercise their rights to the property.

2. As for the definition of "co-ownership", Article 78 of the General Principles of the Civil Law of China stipulates that "property may be jointly owned by two or more citizens and legal persons." Co-ownership is divided into co-ownership by shares and co-ownership. Co-owners share rights and obligations in accordance with their respective shares.

Co-owners have rights and obligations in respect of common property. "Individually owned" is not currently legally defined.

The Ministry of Housing and Urban-Rural Development's "Trial Measures for the Management of Housing Registers" states that "[co-ownership] records co-ownership or co-ownership according to shares. If it is not a common situation, fill in the separate ownership; If it is a case of joint ownership, fill in the joint ownership or joint ownership. According to this formulation, co-ownership, as a form of ownership of property, is the opposite of separate ownership.