New Marriage Law Prenuptial Buying a House 5, New Marriage Law Prenuptial Buying a House

1) The new marriage law is stipulated in this way, and it does not have retroactive effect, that is, the "name filling system" is only effective for the purchase of houses after the promulgation of the marriage law III, that is, only the name filling is guaranteed for you.

2) However, according to the legislative purpose of the Marriage Law and the relevant principles of the Civil Law for the protection of private property, even if you do not fill in your name, the proportion of the value of the house produced by the down payment before marriage does belong to the man's personal property before marriage, and you repay the loan jointly after marriage, and calculate your actual share of the house according to the value of the house in the proportion of the repayment. Since there is no agreement on the ownership of property and income after marriage, the income of the husband and wife after marriage is generally the joint property of the husband and wife, that is, half of each is divided.

3) For example, the value of the house is 1 million, and the man's parents make a down payment of 200,000 yuan before you get married, accounting for 1 5, and the remaining 800,000 yuan will be repaid by your husband and wife. That is, you own a share of 2 to 5 houses. The premise is that the loan has been paid off.

If you don't pay it off, for example, if you repay the loan of 400,000 yuan and then divorce, your share is 20 100, that is, 1 5.

The above two statements are in line with the provisions of China's marriage law, but they seem to be conflicting, but in fact this conflict has not been completely resolved in practice, depending on the local policy and the relevant system of real estate, it is different from place to place, but the general principle should also be subject to the marriage law and the civil law. It is recommended that you fill in the name more safely, I hope mine can help you.

In fact, there is nothing to be embarrassed to call, husband and wife can also be villain first and then gentlemen, of course, everyone wants to grow old together, but what if there is a change in the middle? It will be very troublesome and even you really have nothing, you and your boyfriend say that if you are sincere to you, add your name, or you go to do a property notarization, you can notarize your share of the house is smaller!

It's okay, since it's the marriage of the two of you, everything belongs to the joint property, you just tell him to add your name to it, otherwise you will be the one who suffers!

It's not very clear, just from a personal point of view, it's common.

Legal analysis: 1. If one party buys a house before marriage and pays all the house payments, it belongs to the pre-marital property of one party. 2. A house purchased by one party with personal property after marriage is the property of one party.

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 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 10000000000000000000000000000000000000000000000000000000

5) Other property that shall be jointly owned. Sullen lunge.

Husband and wife have equal rights to dispose of joint property.

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, the people's court may make a judgment that the immovable property belongs to the party with property rights registration, and the loan that has not yet been repaid shall be the personal debts of the party with property rights registration. In the event of divorce, the parties shall compensate the other party for the joint repayment of the loan and the corresponding increase in the value of the property.

Legal basis] Article 1087 of the Civil Code stipulates that in the event of divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties; 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 Civil Code will come into force on January 1, 2021).

Pre-marital house provisions: As long as the property has been acquired before the marriage, it belongs to the pre-marital property, and the acquisition here includes the property that has been acquired but has not yet been actually occupied. Pre-marital real estate is generally the personal property of the husband and wife, except as agreed by the husband and wife.

[Legal basis].Article 1063 of the Civil Code of the People's Republic of China.

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 side.

Pre-marital property, including real estate, is personal property.

Marriage Law of the People's Republic of China (2001).

Article 18: In any of the following circumstances, it is the property of one of the husband and wife:

1) the pre-marital property of one of the parties;

Note: Marriage Law of the People's Republic of China (2001).

If there is a written agreement to the contrary between the parties, it shall be agreed.

Article 19: Husband and wife 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 unclear, the provisions of articles 17 and 18 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 binding on both parties.

It's okay, you can find a lawyer to agree first, when the house arrives for the real estate certificate, you tell the people in the real estate transaction center that the house is joint property, and you need to write the names of 2 people on the real estate certificate, but the premise is that you have to get the marriage certificate, otherwise there is no evidence to prove your relationship, if you can't get the marriage certificate, then you have to find a lawyer, go to the notary office for justice, you can only do this.

You can first have a private agreement between two people as joint property and notarization, so it's best to consult a lawyer!

According to the new marriage law, if there is no agreement and agreement, whoever pays the down payment will write whose name, after marriage, if it is to buy a house after marriage, if there is no agreement, it is the joint property of the husband and wife, and if there is an agreement, it will be handled in accordance with the agreement.

If the down payment is saved by both spouses and the parents of both parties finance the purchase, the mortgage will be repaid jointly by the husband and wife after the marriage. The title certificate writes the names of the husband and wife, and if they divorce in the future, the woman must have half of the property rights.

If the man's salary is used to repay the loan (the man has a provident fund) and the woman's salary is used to pay for the family's expenses, the law recognises that the loan is repaid jointly by both parties.

As long as it is the economic income after marriage, no matter which one of them is, even if the other party has no job and no income, it belongs to the joint income and joint property of the husband and wife.

The most obvious difference in the new marriage law is that after the husband and wife get married, the south or the woman's parents will pay for the house and repay the loan, and the name of the son or daughter will be written on the real estate certificate, which is considered a gift to the son or daughter, and belongs to the personal property of the son or daughter, not the joint property of the husband and wife.

The joint property of the husband and wife is jointly owned, which cannot be accurately said to be half and half, but it is certainly not according to the proportion of capital contribution.

The wages of the husband and the woman are also the joint property of the husband and wife, so the law recognizes this as a joint repayment of the loan.

After marriage, the down payment for buying a house is funded by the man's parents, and the woman's parents have not contributed, and the property certificate is only the man's name, but the mortgage is paid by the man's salary after marriage, and the woman has no economic income, and now she wants to divorce, how to divide the property?