Marriage property issues, matrimonial house property rights issues

Updated on society 2024-06-30
2 answers
  1. Anonymous users2024-02-12

    My mother bought the house in full, and the real estate certificate is in my mother's name, and then my girlfriend's mother asked to change my name before marriage, how to divide the property if I get divorced later?

    The house is your personal own

    In addition, if I change my name and my girlfriend's name to me, how will the policy be distributed after the divorce?

    The house is owned by the woman, and you don't want to ask for a partition

  2. Anonymous users2024-02-11

    Legal analysis: If you buy a house after marriage, whether the property rights are jointly owned by the husband and wife depends on the registration situation. The various scenarios are as follows:

    1) The ownership of the property with only one person's name on the real estate certificate. After marriage, the man's biological parents bought a suite in full and registered it in the man's name, and the house must be the man's. (2) If the names of the two persons are written on the real estate certificate, the ownership of the real estate after marriage.

    1. This house was bought by the man in full. If the man and his lover bought a house in full after marriage, and the names of the two people are written on the real estate certificate, once they go to court due to divorce, they must show evidence to prove that they paid for the house, otherwise when the property is divided, the judge will award the house to the party who has evidence to prove that the money was paid. 2. The two of them took out a loan to buy a house together.

    If the house was bought by the husband with a loan before the marriage, and the name of the lover was added after the marriage, the part of the house that increased in value after the marriage and the part of the joint repayment of the loan should be regarded as joint property unless otherwise agreed by the husband and wife. If the house was bought with a down payment and a loan together after they got married, it would naturally be joint property and owned by the two of them. 3. The house was bought by the man's parents, but the names of the man were written.

    If this scenario is true, then the house will be recognized as the joint property of the husband and wife. If there is no "IOU" and other evidence, the contribution of the man's parents will also be recognized as a gift to the husband and wife, and it will be shared by both parties, and even if the two divorce, the parents have no right to claim back the capital contribution.

    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.

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