Whose name is written on the title deed, is the house his?

If the house was purchased before the marriage, then whoever is registered is the owner, but if the house is purchased after the marriage, even if only the name of one party is registered, it is the joint property of the husband and wife.

China's real estate has continued to grow in recent years, which has caused a lot of family conflicts and property disputes on real estate issues, so China's Civil Code.

There is also a clear division and regulation of real estate issues. <>

First, it is common property

If the house was purchased during the couple's marriage, there is no clear agreement between the husband and wife, and the title deed.

There is also only one person's name on it, well, then this house should also be recognized as the joint property of the husband and wife. If the real estate certificate of the house purchased by the parents of both parties is only registered under the subordination of one of the city girls, then the house can be shared by both parties in the store according to their respective parents' share of the capital. And when the parties divorce, if one party wants to have ownership of the house, the appraisal unit will evaluate and distribute it.

If both parties want to own the house, the parties make a bid, and if both parties do not want the house to be auctioned by the court. <>

Second, it is not part of the joint property

If one party has purchased a house before the marriage and only one person's name is written on the title deed, then the house belongs to one person and not to the joint property of the husband and wife. After marriage, if one of the parents pays for the purchase of real estate for their children, and the property is in the name of the children of the funder, then the marriage law is in accordance with the law.

The provision is only that donations to one of their children do not belong to the joint property of the husband and wife. <>

In recent years, the division of real estate issues has gradually become clear, and the problems of real estate have gradually decreased, and those who want to rely on marriage to obtain huge property ownership and property cannot easily get a house.

Not necessarily, if the house is bought after marriage, and there is no clear agreement between the two parties, only one person's name is written, the house is also the joint property of the husband and wife.

Whoever is written on the title deed is whoever owns it, that is, the owner of the house, which is beyond doubt and is also required by law.

It's not like this, it's who buys the house, and the house belongs to whom, and it has nothing to do with the name on the real estate deed.

It's not like that, and now according to the law, whoever buys this house belongs to whoever buys it.

It's not like this, who bought the house, who is the house is whose name is not related to the name on the real estate deed.

Legal analysis: Whoever writes the name on the real estate certificate is generally who's name. China implements a unified registration system for immovable property, and the acquisition and change of house ownership is subject to the registration of house property rights.

A property with only one name on the title deed is generally owned by an individual, and a property with multiple names on the title deed is generally co-owned, and the co-owners jointly hold the property according to the proportion of property rights recorded on the title deed.

Legal basis: Article 21 of the Provisional Regulations on the Registration of Immovable Property The registration of the registered items shall be completed when they are recorded in the immovable property register. When the immovable property registration authority completes the registration, it shall issue the immovable property ownership certificate or registration certificate to the applicant in accordance with the law.

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 240:Owners enjoy the right to possess, use, benefit from, and dispose of their immovable or movable property in accordance with law.

The creation, alteration, transfer and extinction of immovable property rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law. The real estate clearance certificate is a written certificate issued by the real estate registration authority to prove the ownership of the house, and whose name is registered on the real estate certificate usually determines who owns the house.

Article 240 of the Civil Code of the People's Republic of China.

The owner shall have the right to occupy, use, benefit from and dispose of the immovable property or movable property that is self-defeating in accordance with the law.

For example, if the husband and wife buy a property after marriage, even if only the name of one party is written, as long as there are no special provisions for the husband and wife, it is also recognized as a property jointly owned by the husband and wife.

Legal basis: "Law of the People's Republic of China on the Management of Urban Real Estate" Article 63 Where the people of provinces, autonomous regions and municipalities directly under the Central Government determine that the local people at or above the county level are responsible for real estate management and land management by a unified department, they may make and issue a unified certificate of real estate rights, and in accordance with the provisions of Article 61 of this Law, the ownership of the house and the confirmation and change of the land use right within the scope occupied by the house shall be included in the real estate right certificate respectively.

Legal Analysis: Whoever writes the name is not necessarily whom, it depends on the specific situation:

1. Co-ownership relationship. Unless otherwise agreed, a house purchased by a husband and wife during the marriage relationship is considered to be the joint property of the husband and wife, which is the so-called legal presumption of community property. At this time, no matter who the name on the title deed is, the effect is the same, that is, both husband and wife have half of the share.

2. Gift relationship. If a parent or child voluntarily donates a house to a child or parent, it is a gratuitous property transfer between families, and must be notarized and registered for property rights transfer, otherwise the legal effect of property rights transfer will not occur. At this time, the person who fills in the property right certificate is the property owner.

3. Inheritance relationship. According to the relevant provisions of China's Civil Code, the inheritance of the house starts from the time of the death of the decedent. If the decedent has a will, he shall inherit according to the will, and the house shall be transferred to the name of the testamentary heir; If there is no will, it shall be handled according to the statutory inheritance.

4. Support relationship. In the housing reform and sale of houses, some elderly people do not have the financial ability to buy the cost price of the house, and their children who have the financial ability and are willing to sponsor can indicate it in the purchase agreement, and notarize to prove the fact, which is conducive to the future distribution of house property rights. If it is not recorded, it can only be regarded as the property rights of the elderly, and it can only be distributed according to inheritance after the death of the elderly.

Legal basis: Civil Code of the People's Republic of China

Article 216 The immovable property register is the basis for the ownership and content of real rights. The immovable property register is managed by the registration authority.

Article 217 The certificate of ownership of immovable property is proof that the right holder enjoys the right to the immovable property. The matters recorded in the certificate of ownership of immovable property shall be consistent with the immovable property register; In the event of inconsistencies in the records, the immovable property register shall prevail unless there is evidence to prove that there is an error in the immovable property register.