Buying a house before marriage property Some issues

1. If you are not married, there can only be one person's name on the real estate certificate.

Only if you are married (registered, not married) can you have both of your names on it.

Therefore, it is better to register before buying a house. In this way, if there is no special agreement, the house belongs to your joint property and is to be divided equally.

2. If you don't want to register, notarization is fine.

3. It can also be notarized, as long as both of you sign an agreement, write the facts clearly, and agree on the distribution of property and other matters in advance, this is also valid.

1.Write your names on the property (it's called co-ownership, who says you can't write your names?)

Didn't you each pay half of the down payment? Besides, after marriage, your ** family is actually equivalent to being in ** house, isn't it?

2. There is no need for notarization, and it costs more.

3。It's really not good, sign the agreement, if you divorce, the house will be divided in half, not just the down payment, make it clear to your stingy boyfriend and mother, after the down payment, the two of you are providing for the house! (It's a little emotional, you can sign it privately, there's no need to let his mother know, this works).

The real estate deed can be written in the names of both of you. One of my classmates is like this, not married yet, and now he has made a down payment, two names.

Or go to the pre-marital notarization, and write everything that should be clearly stated.

Legal analysis: 1. If a marital house registered in the name of one party is purchased in full by one party or his parents before the marriage is registered, it shall be recognized as premarital property. 2. If the matrimonial house purchased by one party or his/her parents is partially funded and the loan needs to be repaid jointly before and after marriage, the part of the loan repaid jointly shall be recognized as the joint property of the husband and wife.

3. If, after the marriage is registered, the marital house purchased by one of the husband or wife shall be recognized as the joint property of the husband and wife, even if it is registered in the name of one of the spouses.

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 is 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 donated by a person who inherits or repents of the Liang, 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.

If a husband and wife buy a house before marriage, if one party buys the house in full before marriage and has paid off the loan, the house falls in his own name and belongs to the pre-marital property of one party; If one person contributes capital before marriage, but the house falls under the name of the other party, there are no special circumstances, it will be regarded as a gift for the purpose of marriage, and it will be treated as the personal property of the registered party; If one person contributes capital or both parties contribute, the house falls under the names of both parties, and the house is considered as the joint property of the husband and wife.

[Legal basis].Article 1062 of the Civil Code.

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.

Article 1063.

The following property is 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) 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.

The evidence of buying a house with premarital property can provide a pre-marital house sales contract, a payment voucher receipt and a marriage certificate for comparison, and the time and amount of the transfer to the account for sale, and the time of the transfer to the other party and the marriage certificate for comparison, or find relevant transaction personnel to collect witness testimony Wei Yehong, the owner of the real estate certificate is his own name, etc.

[Legal basis].Article 63 of the Civil Procedure Law of the People's Republic of China.

Evidence includes: 1) the parties' statements and statements;

2) documentary evidence; 3) physical evidence;

4) audio-visual materials; Spine Swift.

e) electronic data;

6) witness testimony;

7) Appraisal opinions;

8) Inquest records.

Legal Analysis: It is common property. After marriage, it is acquired as the joint property of the husband and wife, and the joint property of the husband and wife is divided into half of the other party in case of emergency, even if the other party did not spend a penny on the house at the beginning.

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.

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.

The first situation is that the house is the personal property of the buyer before the marriage, and it is not automatically converted into the joint property of the husband and wife as a result of the marriage. That is, one party buys a commercial house with a mortgage before marriage, and handles the property right certificate, and the husband and wife jointly repay the mortgage after marriage, which is a common situation. Even if the husband and wife repay the loan jointly, they cannot jointly take ownership of the house.

The second situation is that the buyer has paid the down payment according to the contract for the sale and purchase of commercial housing and gone through the bank mortgage procedures, but has not applied for the house ownership certificate in time, and did not apply for the house ownership certificate until after marriage. The third situation is to buy a house before marriage, without a loan, and also apply for a title certificate. Personal property does not change due to the existence or death of the marital relationship, and the purchase of a house before marriage and the acquisition of a real estate certificate after marriage are personal property, because the acquisition of a real estate certificate is generated by the legal act of buying a house before marriage.

Article 1063 of the Civil Code The following property shall be the personal property of one of the spouses: (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 side.

The first situation is that the house is the personal property of the buyer before the marriage, and it is not automatically converted into the joint property of the husband and wife as a result of the marriage. That is, one party buys a commercial house with a mortgage before marriage, and handles the property right certificate, and the husband and wife jointly repay the mortgage after marriage, which is a common situation. Even if the husband and wife repay the loan jointly, they cannot jointly take ownership of the house.

The second situation is that the buyer has paid the down payment according to the contract for the sale and purchase of commercial housing and gone through the bank mortgage procedures, but has not applied for the house ownership certificate in time, and did not apply for the house ownership certificate until after marriage. The third situation is to buy a house before marriage, without a loan, and also apply for a title certificate. Personal property does not change due to the existence or death of the marital relationship, and the purchase of a house before marriage and the acquisition of a real estate certificate after marriage are personal property, because the acquisition of a real estate certificate is generated by the legal act of buying a house before marriage.

[Legal basis].

Article 1063 of the Civil Code The following property shall be the personal property of one of the spouses: (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 side.