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Hello, this depends on whether your house is purchased before marriage or after marriage! It can be freely disposed of before marriage, and after marriage, it is joint property and cannot be freely disposed of.
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After marriage, the house book is written in your own name, and if you don't have a mortgage, then you can be free. But if you have a mortgage, then you can't.
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Buying a house after marriage, no matter whose name it is, will be counted as joint property.
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No, no matter whose name is written on the property after marriage, it belongs to both husband and wife and cannot be unilaterally and freely disposed of.
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After marriage, I write that I own it alone, can I use it freely? It's written in your name, but you're married, it's joint property, and if you want to sell the house, you have to have it. The lover of the family signed it in person, so that it can be established?
I can't say oh, just writing that you alone is at your disposal. No, it doesn't.
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After marriage, husband and wife work together to create wealth. If you buy a house, although you write your own name, it is all part of the joint property of the husband and wife, and you do not have the right to dispose of it alone.
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It depends on the situation! 1. Whether the house was bought with your own private money before marriage, 2. It was funded by your parents, designated to you a person's real estate, and left a note, and the parents signed it as a gift to you, then you can use it freely!
If it is bought by the husband and wife after marriage, although your name is written on it, you cannot use it freely, because it is the property of the husband and wife!
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It should not be used alone, but in conjunction with your spouse's opinion.
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If it is the joint property of the husband and wife, even if only the name of one party is registered on the real estate title registration certificate, it cannot be considered to belong to only one of the spouses. Matters involving property rights can only be carried out if both parties reach an agreement.
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Although your name is written in the marital house, the house belongs to the marital property, and the control must still pass through the other party.
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According to laws and regulations, it is okay, according to benevolence and morality, it seems that it is not very moral, husband and wife are equal, why should it be owned by you personally?
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As long as the house is bought after marriage, it belongs to the joint property of the husband and wife, and whether the house book is written as one person or two people does not affect the joint nature of the children.
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No, it is the joint property of the husband and wife.
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After marriage, you can't write your own name in the room book, and you can't use it freely, and the two people have to discuss with each other how to solve it.
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The property is the joint property of the husband and wife, and you can't dispose of it alone.
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Whoever writes in the room book can be at his disposal.
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That's obviously not going to work. If you buy a house after marriage, no matter whose name is written, it is considered the joint property of the husband and wife. Why don't husbands and wives let each other live, and mediate first if there is a problem
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Hello, there is no problem with the procedure, mainly to see if the real estate transaction center needs you to open a certificate, because some real estate centers require the submission of a single or married certificate to prevent the disposal of the joint property of the husband and wife, it is recommended to consult the local real estate trading center.
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Buying a house after marriage and the separate ownership written on the real estate certificate does not mean that it is personal property, and the law generally defaults to joint ownership of the purchase of a house after marriage.
Regarding the issue of buying a house after marriage, in fact, many people feel that writing their name is their own! In fact, this is a wrong statement, in fact, the purchase of a house after marriage is generally the property of both parties by default, unless there is a relevant notarized agreement document, otherwise the separate property with only one person's name is actually owned by both parties.
First, after marriage, the property of both parties is jointly owned by default, and the real estate certificate with only one person's name does not mean that it is personal property, we all know that the property after marriage will be recognized as owned by both parties, and some people will "make a small calculation" to write only their own names on the real estate certificate and remark "separately owned", in fact, this kind of property also belongs to the property of both parties.
In the Marriage Law, the recognition of joint property is based on the time of marriage rather than the holder, which means that our vehicle or house is not written in anyone's name, all of which belong to everyone; Even if the real estate deed states that it is owned separately and there is only one side, but the purchase after the marriage will be recognized as the property of both parties, and in the event of divorce, it will actually be divided equally among the parties.
2. Only when a notarized agreement document is made to explain the ownership of the property can it be confirmed that the property is owned separately, so how can the property purchased after marriage be protected? Unless the other half is willing to give up the property and enter into an agreement.
Although the marriage law is very restrictive, there are special circumstances, when the other party really does not want to own the property, you can go to the notary office to handle the relevant agreement; If you have clearly stated in writing that you have given up ownership of the property and that the house belongs to your spouse, even if there is a divorce, the house will not be counted as joint property, but will be owned by the owner alone. In the marriage law, notarial agreements play an important role, after all, without these agreements, the property under the property is owned by both parties.
Therefore, the ownership of the title deed alone is not the property of one person, but the property of both parties.
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No, according to the latest marriage law, as long as it is marital property, whether it is the name of one person or two people, it is joint property.
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After marriage, it is written on the real estate certificate that it is a person's property, because the real estate certificate is written on a person, so he is still a separate property.
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It is a house bought after marriage, and the property is actually the joint property of two people, because it is shared by the husband and wife, not personal property.
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It is not the personal property of one party, the most important thing is to see whether the house is purchased by joint property or whether one party pays for it.
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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. It should be noted that the part of joint loan repayment, whether it is repaid by one party with personal wages or with the wages of both parties, 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.
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1. How to buy a house separately after marriage.
If you want to buy a house after marriage and want to own it separately, both parties can agree in writing that the property is owned by one party, which is binding on both parties. The couple brought their ID cards, household registration books, marriage certificates, and real estate certificates to the notary office to handle the notarization of property rights. It is clear that the house belongs to the woman alone, and the notarial deed becomes valid after both parties sign and press their fingerprints.
If the immovable property purchased by one of the parents for the child after marriage is registered in the name of the investor's child, the real estate shall be recognized as the personal property of both husband and wife after marriage.
One of the disadvantages of the above method is that there are more taxes and fees for real estate gifts. If you want to reduce the tax so that the parents can make a will, after the death of the house, the house will be inherited by the man, and the property inheritance tax will be less.
When a husband and wife buy a house, the materials that need to be provided to rescue both husband and wife, so it is more than a person who takes out a loan to buy a house, and all of them are indispensable, when applying for a loan, you must provide the bank with the income certificate of both parties, social security certificate, etc., if one of the husband and wife has passed the qualification approval and the income is higher, and the loan is not a problem, then the other party's income certificate can not be provided.
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It is not possible to have a separate property certificate after marriage.
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It belongs to the name on the real estate certificate, no matter when your house was sold, if you buy a house without a marriage certificate, it is a personal property before marriage, and if you buy a house after getting a marriage certificate, it is the joint property of the husband and wife.
"Joint property of husband and wife" refers to the property jointly owned by the husband and wife during the existence of the relationship between husband and wife. The so-called period of the relationship between husband and wife refers to the period between the marriage of the husband and wife and the death or divorce of one of the spouses, and the property acquired by the husband and wife during this period, unless otherwise agreed, belongs to the joint property of the husband and wife.
Husbands and wives have equal rights to dispose of jointly owned property. The consent of the spouse is required for the disposition of property by one of the spouses during the existence of the spouse.
Article 17 of the Marriage Law The following property acquired by 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) the proceeds of intellectual property rights; (4) Property obtained by inheritance or donation, 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.
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Alone all the complex meaning, is.
It refers to the fact that only the system to apply for the real estate certificate to write a person's name bai character, will note that it is owned separately, zhi is afraid that you will add other people's names on the real estate certificate, not that you write a separate ownership, and the house is yours alone.
The Marriage Law stipulates that when buying a house after marriage, no matter whose name is written on the couple's real estate deed. As long as there is no special written agreement, the property right of the house belongs to the joint property after marriage, and one person has half of the rights.
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Although the real estate certificate is registered in the name of a person, if the loan and renovation money for the purchase of the house are paid by one person, then the house belongs to the individual. If the payment is made jointly by the husband and wife, it is joint property.
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Yes, definitely, after marriage.
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According to the provisions of the "New Marriage Law", when the husband and wife do not make a special agreement, the property purchased after marriage belongs to the joint property of both parties, even if it is only registered in the name of one party, it still belongs to the joint property of the husband, and the real estate book is written to be owned separately, and the property is only registered in the name of one person, not in the name of both parties, and it is also necessary to know how to buy the house after marriage, in order to analyze whether the property is personal property or the joint property of the husband and wife: 1There is a special agreement, under the premise of buying a house after marriage, generally if there is no special agreement and specific circumstances, even if only the name of one of the husband and wife is registered after marriage, it is still legally recognized as the joint property of the husband and wife.
If the husband and wife have an agreement on the ownership of the property, the agreement shall prevail, and the document signed by the husband and wife at the registration department at the registration department agreeing to the registration of the real estate in the name of one person usually cannot be determined to belong to the agreed ownership of one party, and if one party is to be owned alone, it is necessary to go to a notary public for notarization;
2.According to the circumstances of capital contribution, if it is a loan purchase, in the absence of a special agreement, it involves the issue of the husband and wife using the marital property to repay the loan, if it is purchased after marriage, in the absence of an agreement, it is recognized as joint property, and the full purchase of real estate is registered in the name of one of the husband and wife, and the purchase price is entirely contributed by A's parents, or it can be proved that it is A's premarital property contribution, then it can be recognized as the property owned by one party alone.
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The new marriage law is out, whose name should be written on the real estate certificate? Before and after marriage, it's very different!
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If you buy a house after marriage, regardless of the name of the husband and wife, as long as there is no special written agreement between the two parties in advance, the property right of the house belongs to the joint property of the husband and wife, and half of the rights and interests of one person.
If only one name is written on the real estate certificate, it will be marked "separately owned". It means to prevent the homeowner from adding other people's names to the real estate certificate without permission, and instead of indicating the words "separately owned", the property right of the house belongs to the registrant of the real estate certificate.
The Marriage Act provides:
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: wages and 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.
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It depends. Come.
Acquired within marriage. The source of the real estate, the real estate and housing bureau registered as separately owned, whether it belongs to the joint property of the husband and wife, in accordance with one of the following circumstances, can be recognized as the joint property of the husband and wife in accordance with the law:
1. The real estate rented by one party before marriage and purchased with the joint property of the husband and wife after marriage shall be registered in the name of one party and shall belong to the joint property of the husband and wife.
2. The real estate purchased by the parents of both parties is registered in the name of one party, and can be deemed to be jointly owned according to the share of the capital contribution of both parents.
3. For the property such as inheritance or donated real estate that is not exclusively owned by one party in marriage, if he uses illegal means at the time of registration and conceals the true situation from the other party, and the registration is solely owned by him, the other party may file a registration objection with the local real estate and housing bureau and file a lawsuit within 15 days after filing the registration objection, and if the lawsuit is not filed within 15 days, the objection shall become invalid. If it is determined through legal procedures that the separately owned house acquired by the other party was indeed acquired by illegal means during registration, the people's court will, in accordance with the law, change the house to joint ownership in accordance with the other party's application.
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