If you buy a house with a down payment, is the house considered joint property after marriage?

If the down payment is not counted, the part of the joint loan repayment and the appreciation part after marriage belong to the joint property. Even if the woman's name is added at this time (the bank will not agree). Community property is also part of the repayment and appreciation of the mortgage after marriage.

The down payment is not, the other parts count.

The down payment doesn't count! The part of the joint repayment of the loan after marriage is counted!

Does it have to be joint property to buy a house after marriage?

According to the provisions of China's "Marriage Law", if one party's parents pay to buy a house before marriage, the question of how to divide the real estate in a divorce should start with the property right certificate. It is also possible to register the title deed in the name of your own children, or in the name of your daughter-in-law, or in the name of both children.

1. When buying a house, one of the parents pays for the house, and if the property right is registered in the name of their children in the case of full payment, then the property belongs to the personal property before marriage. In the event of a divorce, the other party has no right to claim the division of the property.

2. If the parents only make a down payment, and the remaining house payment is repaid by the husband and wife after marriage, the house will be in the name of the property right registrant when divorced, and the mortgage and part of the house jointly repaid during the marriage will be repaid proportionally by the party who got the house to the party who did not get the house.

3. If one of the parents pays for the purchase of the house and the property right is registered in the name of the other party, if the husband and wife are not in harmony, the house shall be determined to be the joint property of the husband and wife at the time of divorce and division, but if the house is purchased by one of the parents before marriage, the party who contributed the capital has the right to request the division of the house according to the proportion of capital contribution.

4. If one of the parents pays to buy a house, and the property right is registered in the names of both parties, how to divide the divorce? First of all, the house is the joint property of the husband and wife, which can be divided according to the proportional share agreed by both parties, and if there is no agreement, it will be divided according to the proportion that the actual two parties should receive.

Legal analysis: whether the house bought before marriage is the joint property of the husband and wife generally has the following three situations in reality: first, the house purchased by one party before the marriage; The second is a house purchased by one or both parents; The third is a house where one party pays a down payment with personal property before marriage.

These three scenarios are described in detail below:

1) A house purchased by one party at his or her own expense before the marriage. According to the provisions of the Marriage Act, the pre-marital property of one of the spouses is the personal property of one of the spouses. Before the marriage, the house that one party has purchased, paid for and has ownership of is obviously the pre-marital property of one party, which is personal property and not joint property of the husband and wife.

However, if one party buys a house with his or her own funds before the marriage, but for some reason the property is registered in the names of both parties, this is considered a gift to the other party, in which case the house is the joint property of the husband and wife.

2) A house purchased by one or both parents. If a house purchased by one of the parents for the child is registered in the name of the investor's child, it shall be regarded as a gift to only one of the children, and the house shall be recognized as the personal property of one of the spouses. However, if the property is registered in the names of both husband and wife, it shall be regarded as a gift to both husband and wife, and the house shall be recognized as the joint property of the husband and wife.

Secondly, if the house is purchased with the capital contribution of both parents, and the property right is registered in the name of one of the children, the house can be recognized as jointly owned by both parties according to the share of their respective parents' capital contributions, and belongs to the joint property of the husband and wife. In reality, many parents use up their life savings to buy a house for their children, and this provision is also a protection for the property of both parties and their parents in the marriage.

3) If one party signs a contract to buy a house before marriage and pays the down payment with personal property, if he or she repays the loan with the joint property of the husband and wife after marriage, and the house is registered in the name of the down payment house, it can be dealt with by agreement first, and if the agreement is not reached, the court generally determines that the house belongs to the party with the property right registration, and the money repaid jointly by both parties can be compensated by one party to the other party.

Legal basis: Article 1062 of the Civil Code 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 joint property.

Not counted. The property purchased before the marriage is personal property and is not part of the joint property of the husband and wife. However, if the loan is repaid with the joint property of the husband and wife after marriage, and the immovable property is registered in the name of the party who paid the down payment, the people's court may make a judgment that the immovable property belongs to the registered party, and the loan that has not yet been repaid is the personal debt of the party registered with the immovable property.

In the event of divorce, the party registered in the immovable property shall compensate the other party for the joint repayment of the loan and the corresponding increase in the value of the property between the two parties after marriage.

Legal basis: Interpretation (1) of the Supreme People's Court on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China

Article 78.

If one of the husband and wife signs a contract for the sale and purchase of real estate before marriage, pays the down payment with personal property and takes out a loan from the bank, and repays the loan with the joint property of the husband and wife after marriage, and the real estate is registered in the name of the party who paid the down payment, the real estate shall be disposed of by agreement between the two parties at the time of divorce.

If no agreement can be reached in accordance with the provisions of the preceding paragraph, the people's court may make a judgment that the immovable property shall belong to the party registered, and the loan that has not yet been repaid shall be the personal debt of the party registered with the immovable property. In the event of divorce, the party registered in the immovable property shall compensate the other party for the joint repayment of the loan and the corresponding increase in the value of the property between the parties after marriage.

1. It is common property.

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

2. If the immovable property purchased by the parents of both parties is registered in the name of one of the children, the immovable property may be deemed to be jointly owned by both parties according to the share of their respective parents' contributions, unless otherwise agreed by the parties.

If one party wants to own the right to use the house in the event of divorce, the appraisal unit will evaluate and then distribute it to the other party; If both parties want to own the house, both parties will make a bid; If neither party wants the house, the people's court will auction it and then distribute it.

2. It is not joint property.

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, it may be regarded as a gift to only one of the children in accordance with the provisions of the Civil Code (in force), and the immovable property shall be recognized as the personal property of one of the spouses.

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 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) 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 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 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.

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A house where one party signs a contract to buy a house before marriage and pays a down payment with personal property.

Is a house bought with a down payment before marriage considered joint property after marriage.

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A house where one party signs a contract to buy a house before marriage and pays a down payment with personal property.

Legal analysis: The pre-marital real estate belongs to the personal property of the husband and wife, and the two parties have agreed otherwise unless they are cautious. If the party who buys the house before marriage pays the down payment, the down payment is part of personal property; The part of the loan repaid after marriage belongs to the joint property, and the husband and wife shall jointly divide this part of the property.

One party pays the down payment, and the house guess pants are registered in the name of this party, and the loan is repaid jointly after marriage, which in principle belongs to the personal property of the party who paid the down payment.

Legal basis: Article 1064 of the Civil Code of the People's Republic of China Debts borne by the husband and wife in the joint signature of the husband and wife or the subsequent recognition of the husband and wife, as well as debts incurred by one of the husband and wife in his or her own name for the daily needs of the family during the existence of the marital relationship, are joint debts of the husband and wife. Debts incurred by one of the spouses in his or her own name during the existence of the marital relationship in excess of the daily needs of the family are not joint debts of the husband and wife; However, the creditor can prove that the debt was used for the husband and wife's common life, joint production and business, or based on the joint intention of the husband and wife.

Article 1065:A man and a woman may agree that property acquired during the marriage relationship and property acquired before marriage shall be owned separately or jointly, or partly separately or partly jointly owned. 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 shall apply, and the agreement between husband and wife on property acquired during the existence of the marital relationship and property before marriage shall be 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 incurred by the husband or the wife are known to the counterparty for the lack of external verification, the personal property of the husband or the wife shall be repaid.