After marriage, is the name of one party written on the real estate deed considered the joint proper

According to Article 17 of China's "Marriage and Tobacco Law", the name of one party written on the real estate certificate after marriage belongs to the joint property of the husband and wife.

If there is another agreement between the husband and wife on the ownership of the property or the property during the continuation of the marital relationship, the agreement shall be executed.

Article 17 The following property acquired by husband and wife during the existence of their marital relationship shall be jointly owned by the husband and wife:

salaries, bonuses;

income from production and operation;

proceeds from intellectual property rights;

property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law;

Other property that should be jointly owned.

Husbands and wives have equal rights to dispose of jointly owned property.

Article 19: Husband and wife may agree that property acquired during the existence of the marital relationship and property 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 unclear, the provisions of articles 17 and 18 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 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 third party, the debts shall be paid off with the property owned by the husband or the wife.

Remember that there is time protection, and the purchase after marriage is considered the property of both parties even if it does not have the names of both parties, and the property before marriage is considered joint property of both parties eight years after marriage.

Since marriage, the house you buy is joint property, no matter whose name is written.

Legal analysis: Generally speaking, buying a house after marriage and writing the name of one party is joint property. In the newly promulgated Civil Code, there is no amendment to the real estate section, and the issue of real estate distribution continues with the old law.

The real estate purchased by the man and the woman after the marriage belongs to the joint property of the husband and wife, and in principle, the husband and wife divide it equally; If one party buys a property before marriage and there is no loan repayment registered in the name of one party, it belongs to the personal property of that party and the other party has no right to divide it; If there is a repayment, then one party needs to compensate the other party for the joint repayment and the increase in value. However, there are also cases where only one party's name is written in the name of a house after marriage, which is not part of the joint propertyThat is, the house money of the property is personal pre-marital property, and when the full amount is purchased, the property is personal property.

Legal basis: The 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.

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.

After marriage, only one of the names of one party in the real estate certificate is counted as the joint property of the husband and wife. Regardless of whether the title deed is in the name of one party or both parties, it is joint property. Secondly, it is clear that the output value, that is, the value of the house, is calculated according to the market price, not the amount of the original purchase contract.

Again, distinguish between the equity part and the debt part. If a loan is involved, the loan part must be removed first. In other words, the party that acquires the house pays half of the value of the house to the party who has not obtained the house, and the owner of the house pays the remaining principal and interest alone.

Legal basisArticle 1062 of the Civil Code of the People's Republic of China.

The following property acquired by the husband and wife during the marriage 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.

What is the scope of marital property?

1. Salary and bonus;

2. Income from production and operation;

3. Income from intellectual property rights;

4. Property obtained by inheritance or donation, except for the property determined in the will or gift contract to belong to only one of the husband or wife;

5. Other property that shall be jointly owned. The model is positive.

1. If the house purchased during the marriage of the husband and wife has not been expressly agreed by the husband and wife, only the name of one of the persons shall be written on the real estate certificate, and it shall be recognized as the joint property of the husband and wife.

2. Both parents pay to buy a house.

If the immovable property purchased by Min or 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 share of their respective parents' contributions, unless otherwise agreed by the parties.

If one of the parents pays the money, the real estate certificate can only write the name of one person, if both parents jointly contribute the money, and the loan is repaid by the younger couple, the name of the younger couple is written on the real estate certificate, which is the joint property of the husband and wife. Even if one of the parents pays for the repayment of the loan, as long as the names of the young couple are written on the real estate certificate, it is also the joint property of the husband and wife.

3. Unilateral parents pay for the house.

If the parents unilaterally pay for the purchase of a house, is it considered joint property to buy a house after marriage? The judicial interpretation stipulates that if the property rights of the immovable property purchased by one of the parents for the children after marriage are registered in the name of the funder, the son of the investor, the son of the son, shall be regarded as a gift to only one of the children, and the immovable property shall be recognized as the personal property of one of the spouses.

1. What is the joint property of the husband and wife.

Article 1062 of the Civil Code The following property acquired by husband and wife during the existence of marital relationship shall be the joint property of husband and wife and shall be jointly owned by husband and wife:

1) Remuneration for wages, bonuses and other 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.

2. What is the property right of the house purchased by both parties but has not been registered for marriage.

Where a man and a woman have held a marriage ceremony for a house purchased with the funds of both parties, but have not completed the registration, they shall be treated differently in two situations:

1) If a de facto marriage is constituted, the house is the joint property of the husband and wife, regardless of whether it is registered or not, unless otherwise agreed by both parties. (2) If it does not constitute a de facto marriage, if it meets the conditions for marrying a spine, it can be re-registered, and after the re-issuance, the house shall be regarded as the joint property of the husband and wife; If the two parties refuse to re-register their marriage, they are not legally husband and wife, but belong to a cohabitation relationship, and if there is an agreement or agreement on the share of capital contribution and the share of the property rights of the house owned by the two parties during the period of cohabitation, it shall be handled in accordance with the agreement; If there is no agreement and there is a dispute over the property right of the house, the name registered on the property right certificate shall prevail.

1. Whether only the name of one of the husband and wife on the real estate certificate is joint property mainly depends on whether the property at the time of buying the house is joint property or personal property. If it is purchased with joint property, the property is also joint property; Otherwise, it's personal property. 2. Article 1062 of the Civil Code stipulates that 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. Husband and wife have equal rights to dispose of the joint property of Molu.

Article 17 of the Marriage Law stipulates that the following property acquired by the husband and wife during the existence of the marital relationship shall be jointly owned by the husband and wife: (1) wages and bonuses; (2) Income from production and operation; 3) income from intellectual property rights; (4) Inheriting or donating property acquired from the demolition of the state, except as provided for in paragraph 3 of Article 18 of this Law; 5) Other property that shall be jointly owned. Husbands and wives have equal rights to dispose of jointly owned property.

After marriage, the real estate certificate has only one party's name, and if it is purchased by the joint property of the husband and wife, it still belongs to the joint property of the husband and wife.

Article 1062 of the Civil Code The following property acquired by husband and wife during the existence of marital relationship shall be the joint property of husband and wife and shall be jointly owned by 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.

Article 1063:The following property is to be the personal property of one of the spouses:

1) the pre-marital property of one of the parties;

2) Compensation or compensation received by one party for personal injury;

3) The property that is determined in the will or gift contract to be returned to only one party;

4) Daily necessities for the exclusive use of one side;

5) Other property that shall belong to one side.

Article 27 of the Supreme People's Court's Interpretation (1) on the Application of the Civil Code of the People's Republic of China on Marriage and Family: Where a house rented by one party before marriage and purchased with joint property after marriage is registered in the name of one party, it shall be recognized as the joint property of the husband and wife.

Article 28 Where one party has not consented to a house jointly owned by the husband and wife, and the third party purchases it in good faith, pays a reasonable consideration and has already registered the immovable property, and the other party claims to recover the house, the people's court will not support it.

Where one of the husband and wife disposes of the jointly owned house without authorization, causing losses to the other party, and the other party requests compensation for the losses at the time of divorce, the people's court shall support it.

Article 29: Where before the parties get married, the parents contribute to the purchase of houses by both parties, the contribution shall be found to be a gift to their children, except where the parents expressly express that the gift is made to both parties.

After the parties get married, if the parents contribute to the purchase of a house for both parties, it shall be handled in accordance with the agreement; Where there is no agreement or the agreement is not clear, it is to be handled in accordance with the principles provided for in item 4 of paragraph 1 of article 1062 of the Civil Code.

[Legal Analysis].If the house is purchased after the marriage of the spouses, even if only the name of one of the spouses is on the title deed, it is also the joint property of the husband and wife, because there is a time on the purchase contract and the title deed and the time on the marriage certificate to prove it, there is no need to worry; On the contrary, if it is purchased before marriage, it is not part of the joint property of the husband and wife.

Legal basisArticle 1062 of the Civil Code of the People's Republic of China The following property acquired by a husband and wife during the period of their marriage is the joint property of the husband and wife and is jointly owned by the husband and wife: (1) wages and bonuses, 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.

The above is only the current information combined with my understanding of the law, please refer to it carefully!

If you still have questions about this issue, it is recommended that you sort out the relevant information and communicate with a professional person in detail.