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Effective. As long as the name is added, it is legally valid.
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Legal analysis: According to the provisions of the Civil Code of the People's Republic of China on the joint property of husband and wife, if you buy a house after marriage, the names of both husband and wife may not be written on the real estate certificate. This is because as long as the husband and wife purchase the house after the marriage, regardless of which party is registered in the name or in the name of both parties, it should be regarded as the joint property of the husband and wife.
In addition, this joint property is shared by shares, and both spouses have the same rights and obligations in respect of the property.
Article 1062 Article 1062 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) the proceeds of intellectual property rights; (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.
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Legal analysis: For buying a house before marriage, even if the woman's name is added after marriage, the house does not necessarily belong to the joint property of the husband and wife, in order to protect the rights of women, it is best for the man to show a gift agreement. The highest effect of adding a name to prove the owner of the property is the real estate registration, which is in the real estate register of the housing authority.
If the immovable property purchased by one of the parents for the child after marriage is registered in the name of the investor's child, it may be regarded as a gift to only one of the children in accordance with the relevant laws and regulations, and the immovable property shall be recognized as the personal property of one of the spouses. Where the immovable property purchased by both parents is registered in the name of one of the children, the immovable property may be deemed to be jointly owned by both parties in accordance with the respective parents' share of the capital contribution, unless otherwise agreed by the parties. 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 in accordance with the provisions of the preceding paragraph, the people's court may make a judgment that the immovable property belongs to the party whose property rights are registered, and that the loans that have not yet been repaid are the personal debts of the party whose property rights are registered. The amount paid by the parties after the marriage and the corresponding part of the property appreciation shall be compensated by the other party in the event of divorce.
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 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 163 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 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 should belong to one party.
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No. The law does not stipulate that the name of both husband and wife must be written in the purchase and sale, and if it is purchased in full, the real estate certificate.
You can write the names of both parties, if you take out a loan to buy, you can generally only write the name of the lender, but it does not affect that the house is the joint property of the husband and wife.
Identification. <>
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 unscrupulous labor services.
2) The income from the property, business and investment of the elder brother;
(3) the proceeds of intellectual property rights;
(4) Inherited or donated property, except as provided for in item 3 of Article 163 of this Law;
5) Other leg tours shall be jointly owned property.
Husband and wife have equal rights to dispose of joint property.
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If the property is purchased with personal property, the property rights belong to the buyer and the buyer can dispose of it. If the property is purchased with the joint property of the husband and wife, even if there is only one person's name on the property ownership certificate, it is the joint property of the husband and wife, and the husband and wife have equal rights to dispose of the jointly owned property. It is not possible to sell the house unilaterally.
A house purchased or built jointly by the husband and wife during the existence of the marital relationship, or a house purchased or built by both parties jointly funded before marriage, is a joint house of the husband and wife and shall be divided as the joint property of the husband and wife in the event of divorce. Article 17 of the Marriage Law The following property acquired by the husband and wife during the existence of the marital relationship shall be jointly owned by the husband and wife: (1) wages and bonuses; (2) Income from production and operation; (3) the income of intellectual property containing trillion 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 shall be rented for congratulations.
Husbands and wives have equal rights to dispose of jointly owned property.
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It should be written. Even if it is not written, half of the real estate has the woman's consent to sign, and the man cannot sell the house.
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Legal analysis: Husband and wife can add the name of one of their parents when they buy a house after marriage, and the property owner agrees, and the following conditions are met: 1. In the case of the house has not paid off the housing loan, the bank needs to agree to change the loan contract.
2. In the case of no housing loan, the consent of the property owner is required, and the non-husband and wife relationship needs to make a gift agreement, and the name can be added after notarization.
Legal basis: Interim Regulations on the Registration of Immovable Property Article 8 Immovable property shall be registered with the immovable property unit as the basic unit. Real estate units have a unique code.
The immovable property registration agency shall, in accordance with the provisions of the competent department of land and resources, establish a unified immovable property register.
The immovable property register shall quietly record the following matters:
1) The location, boundary, spatial boundaries, area, use and other natural conditions of the immovable property;
3) Matters involving Qichong and restrictions or reminders of real estate rights;
4) Other related matters.
If you buy a house after marriage, write the name of one party, but it belongs to the house purchased by both parties with joint funds, and it belongs to the joint property of the husband and wife. >>>More
You don't need a marriage certificate to write the name of one party when you buy a house, as long as the ID card of the party can be used, but it is best to bring the ID card, household registration book, and marriage certificate with the real estate certificate, so as not to run empty.
The property agreement after marriage is valid.
Article 19 of China's new "Marriage Law" stipulates that the property of husband and wife may be agreed upon for property acquired during the existence of the marital relationship, as well as property owned separately or jointly owned or partly separately owned and partly jointly owned. The agreement shall be in writing. >>>More
The first step is to apply for the separation of household registration at the neighborhood committee (village committee) and issue a letter of consent to the separation or relocation. The second step is to take the divorce certificate or court judgment (mediation document) and a copy to the household registration management authority (police station) to apply for the separation or relocation of the household registration. The third step is to receive the household registration book after approval.
1. Whether the real estate purchased or acquired after marriage shall be recognized as the joint property of the husband and wife shall be determined according to the following different circumstances: >>>More