-
Article 1062 of the Civil Code The following property acquired by a husband and wife during the existence of a 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 of the Civil Code 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 of the Civil Code: A man and a woman may agree that property acquired during the marriage relationship and property before marriage shall be owned separately or jointly, or partly separately and 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.
To sum up, the first thing to determine is whether the man's capital contribution can prove to be personal property, and the second thing to determine is whether the purchase method is full or a loan.
Generally speaking, there are several common situations that can prove that the capital contribution is personal property: (1) the man has a house before marriage, and the sale price is not mixed with other property; (2) a certain deposit was originally the husband's pre-marital deposit, and was not mixed with other property after marriage; (3) There is an agreement between the two parties that it is agreed that a certain deposit belongs to the personal property of the man; (4) The husband has an agreement with another person, and it is a deposit given to the man by another person alone.
On the basis of being able to prove that it is personal property, if it is purchased in full, it belongs to the personal property of the husband and will not be divided at the time of divorce; If the purchase is made by way of a loan, it is a joint property, and it will be divided equally in the case of divorce, but the corresponding capital contribution will be considered, and it may be possible that the party with the largest capital contribution will be appropriately taken care of on the basis of equal sharing.
On the basis of not being able to prove that it is personal property, whether it is purchased in full or in the form of a loan, it is the joint property of both parties, and the court will generally deal with it in accordance with the principle of equal division in the event of divorce.
-
After the husband gets married, he buys the house in full and who gets divorced depends on the ownership of the house. The ownership of the house mainly depends on the registration and capital contribution of the house. If the husband uses the full amount of his personal property before the marriage to buy a house, the personal property should be separated at the time of divorce, and the woman has the right to divide the increased value of the house.
If the man buys a house with the full amount of the marital income, it is the joint property of the husband and wife, and the woman has the right to demand the division of the property.
If you want to divide the property, you can communicate with the other party before the divorce and ask both parties to sign a matrimonial property agreement to clarify the ownership of the property. After a period of time, if the parties divorce, it needs to be dealt with according to the plan agreed in the marital property agreement.
[Legal basis].
Article 1062 of the Civil Code The following property acquired by a husband and wife during the existence of a 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 31 of Interpretation 1 of the Marriage and Family Section of the Civil Code stipulates that the personal property of one of the husband and wife shall not be converted into the joint property of the husband and wife due to the continuation of the marital relationship. Unless otherwise agreed by the parties.
Article 32: Where before marriage or during the existence of a marital relationship, the parties agree to donate or co-own real estate owned by one party to the other party, and the donor party revokes the gift before the change of registration of the donated real estate, and the other party requests an order to continue performance, the people's court may handle it in accordance with the provisions of article 658 of the Civil Code.
-
Hello! Depending on the money**, if there is evidence that the purchase was made with his personal property before the marriage, or with money that was expressly given to him by another person after the marriage, it is still his personal property. In addition, if the parties agree in writing that the property is owned by the husband personally, it is also his personal property.
In addition to this, it is usually determined as marital property. I hope my answer is helpful to you!
-
In the case of divorce, the house purchased in full after marriage in the south should be based on the joint property of the man and the woman. However, if only the man is named on the title deed, then the house will still belong to the man. However, if there is a prenuptial agreement, it shall be handled according to the prenuptial agreement.
-
The house belongs to the joint property of the husband and wife, and in principle, it is half and half for one person. Unless the money used by the husband to buy the money is his pre-marital property. Buying a house after marriage, regardless of whose name the real estate certificate is in the husband and wife, as long as the two parties do not have a special written agreement in advance, the property right of the house is to obtain joint property after marriage, and there is no one party to pay to buy a house, because the income of both parties after marriage is jointly owned after marriage.
-
If you buy a house in full after marriage, this should be regarded as husband and wife, and the joint property and half of the person.
-
Hello, the property acquired after marriage is generally the joint property of the husband and wife, even if there is only one party's name on the real estate deed. When dividing the joint property of the husband and wife, it is necessary to have a version. At the same time, the registrant shall not dispose of the property at will.
If one party does not have the consent of the other party, it has no right to dispose of it. Therefore, even though the property is written in the name of one party, it is still the joint property of the husband and wife and needs to be disposed of jointly by both parties. If the buyer acquires the property in good faith, the woman can claim compensation from the man.
If the buyer is acting in bad faith, the woman can request that the sale contract be rescinded and the property returned. If the buyer is bona fide, but ultimately fails to buy the property, the buyer has the right to claim liability for breach of contract against the man. The relevant laws and regulations of the Civil Code:
Article 171:Where the perpetrator does not have ** rights, exceeds ** rights, or has ** rights terminated, but still carries out ** conduct, and has not been recognized by the ** person, it is not effective against the ** person. The counterpart may urge the person being ** to make a retrospective recognition within 30 days of receiving the notice. Where the person being ** fails to make an expression, it is deemed to be a refusal to recognize.
Before the act carried out by the perpetrator is recognized, the bona fide counterpart has the right to revoke it. The revocation shall be made by way of notification. Where the conduct carried out by the actor is not recognized, the bona fide counterpart has the right to request that the actor perform the debt or request compensation from the actor for the harm suffered.
However, the scope of compensation shall not exceed the benefits that the counterparty can obtain when the person is recognized. Where the counterpart knows or should know that the actor has no rights, the counterpart and the actor bear responsibility in accordance with their respective faults. Article 503:Where a person without authority concludes a contract in the name of the person being **, and the person has already begun to perform its obligations under the contract or accepts performance from the counterparty, it is deemed to be a retrospective recognition of the contract.
I hope the answer helps. Article 1062:The following property acquired by husband and wife during the existence of their marital relationship is the joint property of the husband and wife and is 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.
-
It is necessary to determine the ownership of the house according to the ** of the purchase funds.
If all the funds for the purchase of the house are the husband's post-marital income, and the parties have not specifically agreed that the property shall belong to each other, then theoretically the property shall belong to the husband and wife jointly and shall be divided in the event of divorce.
If the purchase of the house is partly paid by the husband and part of the loan, the house is jointly owned by both parties and should be divided in the event of divorce, and the debts arising from the purchase of the house should also be joint debts and divided together in the divorce.
In other cases, it is recommended to consult with a local lawyer in detail according to the actual situation of each person.
-
It doesn't matter who bought the house. If you want to get a divorce, even if it is joint property, and the other party asks for property rights, you may have to say yes. If the other party asks to leave, you can mention what you want, and you don't have to pay attention to who bought it.
-
The marital property is the joint property of the husband and wife, and you should do a notarization of the property when you buy a house. ,
-
The house bought after marriage should be owned by both people, which is the house bought by the joint property of the two people, and half of the property can be shared in the divorce.
aqui te amo。
-
In this case, it is necessary to negotiate and give the woman a subsidy, and the house should belong to the man, because it is the house that the man paid for!
-
It is the joint property of the husband and wife. Because I bought it after marriage!
If it is really bought before marriage, then this ownership belongs to the man!
-
Legal analysis: The house bought by the husband before marriage is owned by the man at the time of divorce, unless there is an agreement between the parties. If the property is a house purchased by one party in full before marriage, and the property right is registered in the name of the individual, the property belongs to the personal property of one party and cannot be divided in the event of divorce, unless the parties have agreed; If the property was purchased by one of the parties with a prenuptial loan and the mortgage is repaid jointly after the marriage, the property will be owned by the buyer at the time of the divorce.
The party registered in the immovable property shall compensate the other party for the payment of the joint repayment of the loan after the marriage and the corresponding part of the appreciation of the property.
Legal basis: Article 1087 of the Civil Code of the People's Republic of China In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party. The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.
Today I would like to share with you the topic of real estate division in divorce, which is also a concern of many customers, because the real estate contributors involved in the divorce case and the time of capital contribution will lead to different ways of division, so today I will mainly share with you the situation of who the divorce belongs to after the marriage when one party buys a house and divorces. Under normal circumstances, after marriage, one party buys a house with joint property belongs to the joint property of the husband and wife, (the principle of equal sharing, one party obtains the house, and compensates the other party according to the market; ** Housing, the income is divided equally; The two parties bid to obtain the ownership of the house, and the other party will be compensated according to the market). However, there are exceptions to the agreement. >>>More
Just follow the local customs.
Frequently Asked Questions about the Divorce Purchase Restriction Policy. >>>More
Hello. 1.Divorce can be negotiated, sign a divorce agreement to deal with the issue of children's property, and then take the divorce agreement and marriage certificate to the civil affairs bureau to go through the divorce procedures. >>>More
Child rearing: Children under the age of two are expected to live with their mothers. >>>More