The real estate certificate is not the joint property of the husband and wife, and the real estate c

If you buy a house after getting married, if only one person's name is registered on the real estate certificate, does it belong to the joint property of the husband and wife?

Legal analysis: As long as the sale and purchase of the house occurred before the marriage, and the sale and purchase contract has been actually performed, the house is registered in the personal name of the buyer, and it does not belong to the joint property of the husband and wife. However, if the house is purchased with a mortgage before marriage and the real estate certificate is obtained after the marriage, when the real estate certificate is registered in the names of both parties, it is joint property.

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 owned by the husband and wife in the same way:

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 should belong to one party.

Article 1065:A man and a woman may agree that property acquired during the existence of the marital relationship and property acquired 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.

The husband and wife agree that the property obtained between the limbs during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or the wife to the outside world shall be paid off with the personal property of the husband or the wife if the counterpart is aware of the agreement.

Whether the property ownership certificate issued after the marriage is the joint property of the husband and wife depends on the following circumstances:

1. If there is an agreement between the husband and wife, it shall be determined whether it is the joint property of the husband and wife according to the content of the agreement;

2. If there is no agreement, the property is purchased by one of the husband and wife, and does not belong to the joint property.

The key to determining whether it is pre-marital property is that the property right was acquired before the marriage. If the right to property was acquired before the marriage, but the property was actually taken after the marriage, it is in the nature of pre-marital personal property. For example, if one of the spouses accepts the inheritance before the marriage, and the estate is divided after the marriage, although the inheritance is actually obtained after the marriage, its ownership has been acquired before the marriage, so it should be recognized as the property of one party before the marriage.

The pre-marital property of one of the spouses shall not be converted into the joint property of the husband and wife as a result of the continuation of the marital relationship. Unless otherwise agreed by the parties. After marriage, if the two parties jointly use, operate, and manage the house, and other means of production of greater value, after 8 years, and valuable means of production, after 4 years, may be regarded as the joint property of the husband and wife.

The property acquired after marriage that is managed and used separately by the husband and wife in two separate places shall be recognized as the joint property of the husband and wife. When dividing property, the property managed and used separately by each party shall be owned by each of them. If there is a huge difference in the property divided between the two parties, the party who has obtained the excess property shall compensate the other party with the property equivalent to the difference.

The property acquired by the husband and wife during the marriage relationship is the joint property of the husband and wife, including:

1. Income from labor and property purchased by one or both parties;

2. Property inherited or donated by one or both parties;

3. The economic benefits obtained by one or both parties from intellectual property rights;

4. Income from production and business activities such as contracting and leasing by one or both parties;

5. Creditor's rights obtained by one or both parties;

6. Other lawful gains of one or both parties.

Civil Code of the People's Republic of China

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.

The real estate certificate issued after marriage does not necessarily belong to the joint property of the husband and wife. Article 1062 of the Civil Code of the People's Republic of China provides that 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. ,1.The principle of equality between men and women.

The principle of equality between men and women is reflected in various legal norms and is also the guide for the people's courts in handling marriage and family cases. ,2.The principle of taking care of the interests of the child and the woman.

3.The principle of good life and convenient life. The division of joint property in divorce should not be carried out without compromising the utility, performance and economic value of the property.

4.The principle of non-abuse of rights. When dividing the joint property of the husband and wife in a divorce, the property belonging to the state, the collective, or others shall not be divided as the joint property of the husband and wife, and the lawful interests of others shall not be harmed in the name of dividing the joint property of the husband and wife.

5.Where property owned by one of the spouses is consumed, damaged, or lost during common life, the other spouse shall not compensate for it. , the marital property division agreement stipulates that the divorce is still valid.

However, unless one party can provide evidence to prove that there is fraud, coercion, taking advantage of others' danger, etc. According to the law, where the husband and wife repent on the issue of property division after agreeing to divorce, and request Molu to revoke the property division agreement, the people's court shall accept it. Where, after trial, it is not discovered that there were circumstances such as fraud or coercion at the time of the conclusion of the property division agreement, the parties' litigation claims shall be rejected in accordance with law.

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: (1) Wages, bonuses, and remuneration for labor and travel; 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 necessarily. If one party buys real estate before marriage and applies for the real estate certificate after marriage, it is still an individual's pre-marital property and does not belong to the joint property of the husband and wife; If the name of the other party is added to the real estate deed after marriage, it is the joint property of the husband and wife.

If the property is purchased jointly before marriage and the real estate certificate is applied for after marriage, it is also the joint property of the husband and wife.

Is the property ownership deed issued after marriage the joint property of the husband and wife? After getting married, it means that you are getting married, and the real estate certificate you want to apply for should belong to the joint property of the husband and wife, because after all, it belongs to the joint property after marriage.

Property Law Article 2 This Law shall apply to civil relations arising from the ownership and use of things.

For the purposes of this Law, the term "property" includes immovable and movable property. Where the law provides that rights are the object of real rights, follow those provisions.

For the purposes of this Law, the term "property right" refers to the right holder's right to directly control and exclusively over a specific thing in accordance with the law, including ownership, usufruct and security interest.

Take a good look at Article 2 of the Property Law and carefully understand what property rights are. Ownership and property are two different concepts, don't give an equivalent directly. The idea that the whole world is not property is extremely wrong.

The original intention of the two people is to buy it as property, and when it completely belongs to two people, it can be said to be property, if it is bought for the purpose of starting a family, don't forcibly violate the definition and say that it is property, and live a good life at home. The use of the family can also negate the concept of joint property of husband and wife, and it is enough to treat it in a vague way, without the need for special emphasis and special care.

Not necessarily, if you buy a house in full before marriage, but get the real estate certificate after marriage, it will be counted as the personal property of the payer before marriage. If the down payment is made before marriage and the loan continues to be repaid after marriage, the part corresponding to the share of the down payment belongs to the personal property before marriage.

No, the house you bought before marriage is not the joint property of the husband and wife.

Applying for a real estate certificate after marriage does not necessarily belong to the joint property of the husband and wife. A house purchased with joint property after marriage is considered joint property of the husband and wife, and if a house is purchased with personal property after marriage, then the house belongs to the personal property of one of the parties.

[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 should be jointly owned by Angelica.

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 received by one party for personal injury or compensation received by the other;

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.

If there is an agreement between the husband and wife, it shall be determined whether it is the joint property of the husband and wife according to the content of the agreement, and if there is no agreement, if it is purchased by one of the husband and wife, it does not belong to the joint property. Premarital personal property refers to property acquired by one of the spouses before the marriage. After getting married, the property right certificate of the house was handled, but the property was given an external certificate, not that the property right certificate handled after the marriage was joint property.

Article 1063 of the Civil Code stipulates that the following property shall be the personal property of one of the spouses: (1) the pre-marital 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 side.