It is not recommended to write the name of the husband and wife on the real estate certificate?

Which party's name is written on the title deed? Does it make sense to write a name? It can be considered from the following aspects:

1. What are the legal consequences of registering the property in the names of both the "prospective husband and wife" before the marriage is registered?

If this option is chosen, then the house is recognized as the joint property of the husband and wife after the marriage, and if the house is purchased with a mortgage, the loan is also a joint debt of both parties. If one of the parents pays for the purchase, unless there is evidence such as an "IOU" to prove that it is not a gift to the husband and wife, the house is deemed to be a gift to the husband and wife and is jointly owned by both parties. In the event of a divorce, the parents who contributed the funds will not be able to claim the money.

However, if the "prospective couple" breaks up for various reasons after the purchase of the house, then the "prospective marriage" is still recognized as the joint property of the man and the woman, and the loan is also a joint debt of both parties. However, if there is evidence to prove that the contribution is made for the purpose of the marriage of the "prospective couple", the court will find that the parents have made a conditional gift, and the condition is that the parties register their marriage. If the parties are not married, the parents have the right to claim the return of the money contributed.

2. What are the legal consequences of registering the property in the name of either the man or the woman before the marriage is registered?

In the case of one of the "prospective couples", in order to avoid the trouble caused by the intervention of their parents after marriage, many lovers choose this plan. So in this case, is the house owned by one party? What are the legal consequences?

There are two different legal consequences of adopting this scheme: first, one or one of the parents contributes the capital and is registered in the name of the other parent. In this case, the court will usually find that it is a conditional gift.

If a man and a woman are married, the property is owned by the person registered in the house book. However, if the marriage is not registered, the house belongs to the name of the party named in the house book, but the other party can demand a refund of the money paid. Second, if one or one of the parents contributes capital and is only registered in the name of their own children, according to the relevant provisions of the Marriage Law, the house belongs to the child's personal property before marriage and will not be automatically converted into joint property of the husband and wife due to the registration of the marriage or the passage of time after the marriage.

In the event of a divorce, the property belongs to the person registered in the house book. However, if the two of them repay the loan jointly after the marriage, the owner of the house should repay half of it as a debt to the other party.

3. If the marriage has been registered, what are the legal consequences of registering the property in the name of one of the parties?

Buying a house during the marriage is generally regarded as a joint contribution of the husband and wife, purchased with the joint property of both parties, no matter whose name it is registered, it will be judged as the joint property of the husband and wife in law, and the consequences of appreciation and depreciation will be borne jointly by the husband and wife, if there is a mortgage loan, it will be regarded as a joint debt of both parties.

4. In realitySome real estate consultants buy real estate during the marriage in order to facilitate their work, or buyers buy real estate during the marriage in order to continue to enjoy the preferential conditions of a house, and it is still registered in the name of one of the parties. Just buying a second house does not give you the first discount.

Hope the above helps.

It is not recommended to write the names of both husband and wife on the real estate certificate, which can largely prevent disputes over property division when the husband and wife divorce. At the same time, the lender on the bank loan contract should be consistent with the name of the real estate certificate, and the name of both husband and wife should be written on the real estate certificate, which means that both husband and wife are lenders. If you want to continue the loan, you may be rejected by the financial institution due to the high debt ratio.

1. The reason why it is not recommended to write the names of both husband and wife on the real estate certificate.

Generally, the buyer will choose a loan, and the bank will require that the name of the mortgagor on the real estate certificate and loan contract must be the same as the purchase contract. Otherwise, the bank will refuse to handle the loan business, which means that both husband and wife have become debtors at the same time. In the face of a high loan, both spouses are obliged to repay the loan, which will have a certain impact on the financial pressure of both parties in the long run.

In this case, to a certain extent, it will lead to the husband and wife having too many debts, which will affect the application for other loan business. The title deed states that the house is the joint property of both husband and wife. Once the spouses divorce, there will be a dispute over the ownership of the house.

The real estate certificate writes the names of both husband and wife, indicating that they already have a house, and if they want to buy another house, they will be restricted by the state's purchase restriction policy.

2. It is not recommended to write the names of both husband and wife in the real estate certificate.

From my personal point of view, it is not recommended to write the names of both husband and wife on the title deed. Because the purchase restriction order is becoming more and more stringent, the name of both husband and wife written on the real estate certificate will not only face the restriction of the house purchase restriction order. If you settle in the city or move to another big city, you will have to face the constraints of a high down payment.

Personally, I believe that the relationship between husband and wife is based on mutual trust, and the name of the title deed is just a formality. In addition, in order to avoid disputes over the division of property, I personally recommend that you sign a marriage property agreement on the ownership of relevant property before you get married. The agreement clearly states the property owned by each spouse and the ownership of such property.

In order to ensure that disputes are minimized, it can be stated in the agreement that the ownership of these properties is agreed. The husband and wife will not have any disputes over the ownership of these properties, disputes over the distribution of these properties, and voluntarily waive their right to distribute these properties.

Article 297 of the Civil Code of the People's Republic of China: Immovable or movable property may be jointly owned by two or more organizations or individuals. Co-ownership includes co-ownership and co-ownership.

Legal analysis: The law does not stipulate that the names of both husband and wife must be written in the purchase and sale, if it is purchased in full, the real estate certificate can write the names of both parties, if the loan is purchased, generally only the name of the lender can be written, but it does not affect the determination that the house is the joint property of the husband and wife. Under normal circumstances, the title deed only needs one person.

The names of both spouses should be written here, depending on whether it is pre-marital property.

Legal basis: Article 1066 of the Civil Code of the People's Republic of China: During the existence of a marital relationship, in any of the following circumstances, one of the husband and wife may request the people's court to divide the joint property: (1) one party has acts that seriously harm the interests of the joint property of the husband and wife, such as concealing, transferring, selling, destroying, or squandering the joint property of the husband and wife, or forging the joint debts of the husband and wife; (2) A person with 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.

The law does not stipulate that the real estate certificate must write the names of both husband and wife, if it is purchased in full, the real estate certificate can write the names of both parties, if it is purchased with a loan, generally only the name of the lender can be written, but it does not affect the determination that the house is the joint property of the husband and wife. Article 7 of the Housing Registration Measures for housing registration shall generally be carried out in accordance with the following procedures: (1) Application; (2) Acceptance; (3) Review; (4) Recorded in the register; (5) Issuance of certificates.

The housing registration authority may make an announcement on the registration items when it deems it necessary.

Article 216 of the Civil Code of the People's Republic of China The immovable property register is the basis for the ownership and content of real rights. The immovable property register is managed by the registration authority. 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 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) the proceeds of 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.

The real estate deed does not have to write the names of the husband and wife, whether it is purchased by one or both parties, as long as the owner of the property rights agrees to write the names of both parties on the real estate deed, it is okay. If the house is registered in the names of two people, then the property is jointly owned by both spouses.

Article 216 of the Civil Code of the People's Republic of China The immovable property register is the basis for the ownership and content of real rights. The immovable property register is managed by the registration authority. 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 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) the income from intellectual property travel; (4) Inherited or donated property, except as provided for in item 3 of Article 163 of this Law; (5) Other property that shall be jointly owned. Husband and wife have equal rights to dispose of joint property.