New Marriage Law, Matrimonial Property Issues 5

If the house purchased jointly after marriage is only written in the man's name on the house certificate, and the woman's name is not there, it belongs to the joint property of the husband and wife. In the case of divorce, if there is no gross fault on both parties, it is divided equally.

Who paid for it?

If you buy it after marriage, and it is a joint contribution, of course, it is joint property, and the most likely thing is to divide the house according to the amount of capital contribution. The interpretation of the new marriage law only says that the man buys a house before marriage and only the man's name is on the book. Even if a divorce is granted, it can only be judged according to the letter of the law, not by imagination.

You can rest assured.

According to Article 17 of the Marriage Law, the following property acquired by the husband and wife during the existence of the marriage relationship shall be jointly owned by the husband and wife:

1) Wages and bonuses;

2) the income from production and operation;

3) income from 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.

The house you are talking about is the joint property of the husband and wife.

Lawyer Zhang Yi.

Hello, according to the provisions of the Marriage Law, during the existence of the marriage relationship, the property purchased jointly shall belong to the joint property of the husband and wife, unless there is a written property agreement. In addition, the real estate certificate can have more than one person's name written on it, and everyone has a public relationship with the property.

Zongheng Legal Network ** Chinese lawyer.

The house bought after marriage, regardless of whether the name is on the property certificate or not, is joint property!

If there is a loan, it is a joint repayment, and it can also prove that there is a point of the woman. If not, then...

It is understandable for women to fill in their names on the housing certificate to have a little bit of protection when they are old.

The possibility that you want to divide the house is relatively small, I have read an interpretation of the new marriage law written by lawyer Si Jun, according to lawyer Si Jun, you may be more difficult, it is recommended that you consult lawyer Si Jun in person, he is the best divorce lawyer in Nanjing, if he says there is no play, it should not be divided.

This is the Q&A on the new marriage law written by lawyer Si Jun that I searched from above for your reference.

Acquired during the marriage and before the entry into force of the new law is joint property.

The provisions of the New Marriage Law on marital property refer to the fact that after the husband and wife get married, during the existence of the husband and wife relationship, the wages, bonuses, remuneration for labor services, income from production and operation investment, income from intellectual property rights, inherited or donated property and other property that should be jointly owned by the husband and wife shall belong to the joint property of the husband and wife. Husband and wife have equal rights to dispose of joint property.

Article 1063 of the Civil Code of the People's Republic of China The following property is the personal property of one of the husband and wife: (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 party.

The new Marriage Law defines marital property as follows: property acquired by one party after the marriage is registered is marital property. Under normal circumstances, marital property is jointly owned by the husband and wife, except for compensation or compensation received by one party for personal injury, property determined in a will or gift contract to belong to only one party, daily necessities for the exclusive use of one party, etc.

[Legal basis].Article 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.

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 party.

During the existence of the marital relationship, both parties use the joint property of the husband and wife to purchase a house in the name of one of the parents, and the property rights are registered in the name of one of the parents, and the other party claims to divide the property according to the joint property of the husband and wife at the time of divorce, the people's court will not support it.

During the existence of the marital relationship, the people's court will not support the request of one of the husband and wife to divide the joint property, except where there are the following major reasons and the interests of the creditor are not harmed: one party has concealed, transferred, sold, damaged, or squandered the joint property of the husband and wife, or imitated the joint debts of the husband and wife, or seriously harmed the interests of the joint property of the husband and wife; Where a person who has a legal obligation to support one party suffers from a serious illness and needs medical treatment, and the other party does not agree to pay the relevant medical expenses. In addition, the income generated by the personal property of one of the husband and wife after marriage shall be recognized as the joint property of the husband and wife, except for the fruits and natural appreciation.

Legal basis: Article 1062 of the Civil Code of the People's Republic of China The following property acquired by the husband and wife during the existence of the 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.

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 party.

Legal analysisThe joint property of the husband and wife shall be jointly owned by the husband and wife, and the husband and wife shall have equal rights to dispose of the joint property. The disposition of the property by one of the spouses is subject to the consent of the spouse. Statutory community of marital property refers to the matrimonial property system that is directly governed by the law when the husband and wife have not made an agreement on the marital property before or after the marriage or the agreement is invalid.

Agreed joint property refers to a property system in which the parties to a marriage agree on matters such as the possession, management, use, income, and disposal of property before and after marriage, the settlement of debts, and the liquidation of property upon the termination of marital relations. Husband and wife are the subjects of marital property relations, the holders of property rights and the bearers of property obligations. The conclusion of the marital property agreement is a legal act that is closely related to the identity of the parties, and the parties must implement it in person, and the agreement made by anyone else on behalf of the parties to the marriage relationship is invalid.

At the same time, because the contract is related to the lifelong or major personal property interests of both parties, the obligation of the husband and wife to support each other, the obligation to raise and educate minor children, and the obligation to support the elders, only the parties themselves can properly enter into a contract that is suitable for their social and economic status.

Legal analysis"Civil Code of the People's Republic of China" Article 1062 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) 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.

Legal analysis: (1) Remuneration for wages, bonuses, and labor services, (2) Income from production, operation, and investment, (3) Income from intellectual property rights, and (4) Inherited or donated property, except as provided for in Paragraph 3 of Article 1063 of this Law, and (5) Other property that shall be jointly owned. Husband and wife have equal rights to dispose of joint property.

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 their marital relationship is the joint property of the husband and wife and is jointly owned by the husband and wife.

Marital property refers to all kinds of property acquired by either spouse during the existence of the marital relationship. Marital property is not exactly the same as marital property. Post-marital property is specifically divided into joint property of the husband and wife after marriage and personal property after marriage, and the specific distinction is as follows:

1. If the marital property agreement clearly stipulates how the income of the husband and wife shall be distributed after marriage, then the property acquired after marriage shall be distributed in accordance with the agreement; 2. If there is no post-marital property agreement or the agreement is invalid, the provisions of the law and judicial interpretation must be followed. The following property acquired by the 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.

The following property is the personal property of one of the spouses: (1) the pre-marital property of one of the spouses; (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 party.

[Legal basis].

Article 1062 of the Civil Code states that husband and wife have equal rights to dispose of joint property.