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Hehe, you haven't watched TV now, the country has new regulations. The pre-marital property, whose house is on the papers, if there is a divorce, it belongs to whom. Whoever is named on the marriage certificate is still whom.
Article 6: Where before marriage or during the existence of a marital relationship, the parties agree to donate real estate owned by one party to the other party, and the donor revokes the gift before the registration of the change in the donated real estate, and the other party requests an order to continue performance, the people's court may handle it in accordance with the provisions of article 186 of the Contract Law.
Article 7 Where immovable property purchased by one of the parents for the children after marriage is registered in the name of the investor's children, it may be regarded as a gift to only one of the children in accordance with the provisions of Article 18 (3) of the Marriage Law, and the immovable property shall be recognized as the personal property of one of the husband and wife. 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.
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You can discuss with your husband to add your name to the title deed! This makes sense. In this way, even if you divorce in the future, you will have a share in the house.
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It is a gift property, not a joint property of the husband and wife, etc., and will not be divided.
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You'll leave the house and score.
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My husband and I each have a pre-marital property in our names, and my mother-in-law wants to transfer the house to my husband, what should I do? According to the calculation method of the total number of real estate in China - the total number of general commercial houses under the main members of the family, in the same province or region, there is a method that will not allow you to go through the transaction. The main members of the family, including husband and wife and minor children.
The subject mentions that you and your husband each have pre-marital property.
It shows that you have two apartments in this family module. Note that the total amount of real estate is calculated Zheng Yan, regardless of whether the house belongs to the main family member himself or the joint property of the husband and wife.
If you and your husband's house is in a unified province and is full of commercial housing, it means that there is no house purchase index in your family, and your mother-in-law cannot transfer the property rights of the house to your husband's house according to the transaction method.
Whether the "gifting" method can take shape is still relevant to the current local policy. Some regional grants are not restrictive; In many regions, the gift will also be linked to the purchase of a house (note: it refers to the purchase of a local house, such as whether it is a local household registration and how many years of personal social security has been paid.
etc., rather than whether there are also home purchase indicators). Those who are not qualified cannot accept gifts.
Therefore, can you get through these methods, and ask the subject to understand the local housing restriction policy. If you go to the blockage, it is only according to the method of inheritance. According to the above, it can be seen that whether it is a gift or a transaction, the owner needs to pay 3% real estate deed tax.
Under the transaction method, it is very likely that the mother-in-law's family will also need to pay taxes. Therefore, as the result of the opening: from the perspective of the transfer of property rights alone, the transaction tax and property tax.
Can these methods of trading and gifting be successful according to the local house purchase restriction policy? If you can get through, consider the following two questions again; If the transaction is blocked, then the only way to do it is to choose a gift or to inherit it in the future (inheritance is not taxable). This house is "the only one for the full five" for the mother-in-law.
How's it going? Full five only, no tax on the mother-in-law; Otherwise, the mother-in-law will still have to pay a lot of taxes. Will you be ready to sell your mother-in-law's house in the future? If so, the gift and inheritance may involve a relatively high personal income tax.
Transactions are relatively less expensive.
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If your mother-in-law wants to transfer the property to your husband, then as long as the two of you get the marriage certificate, then the buried property belongs to the two of you.
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If you have children, you can transfer the house to your children, and if you don't have children, you can only transfer the property to your husband's name.
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You can go through the normal procedure, you can go to the transfer, but you have to pay some money, you can find an intermediary.
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No, it is a pre-marital property.
Of course, you have been married for 15 years, and the gift to your husband, that is, the joint property that was given to you. It must be your joint property.
If the mother-in-law did not specifically state that the early match was only for the husband when she wrote her husband's name at that time, it could be regarded as a gift to your husband and wife and counted as joint property; If it is specifically stated that it is only given to the husband personally, it cannot be counted as joint property.
It is joint property.
Community property includes:
1) Salary and bonus; (2) income from production and operation; (3) the income of intellectual property rights; (4) Property obtained by inheritance or donation, except as provided for in Paragraph 3 of Article 18 of this Law; (5) Other land property that shall be jointly owned.
Hello! If one party has paid the house price before marriage and the transfer is handled after marriage, it is personal property before marriage.
It doesn't belong because it was a pre-marital property, and a few days ago I watched TV and people were in a lawsuit because of this.
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First of all, since the property involved in this case was built by the parties before the marriage and the head of the household belongs to the man, the parties cannot be recognized as joint property at the time of divorce, and therefore cannot be divided. According to Article 18 of the Marriage Law, the property of one of the spouses shall be the property of one of the spouses under any of the following circumstances:
1) the pre-marital property of one of the parties;
2) Medical expenses, living allowances for the disabled, and other expenses received by one party as a result of bodily injury;
3) Property that is determined in the will or gift contract to belong to only one of the husband or wife;
4) Daily necessities for the exclusive use of one side;
5) Other property that shall belong to one side.
Secondly, according to article 17 of the Marriage Law, the following property acquired by the husband and wife during the marriage relationship shall be jointly owned by the husband and wife:
1) Wages and bonuses;
2) the income from production and operation;
3) income from intellectual property 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.
Husbands and wives have equal rights to dispose of jointly owned property.
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You can consult a law firm that is not good for you.
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No, if it's your marital property, yours will have it.
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No, it's a pre-marital property! Unless the property has your husband and your name on it.
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The new rules of the marriage law, in your case, you can't get anything in the divorce, and you dare to add your name to the relocation agreement.
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Hello, my husband and I have been married for 20 years, the head of the household is my mother-in-law, and the name of the demolition agreement is my husband, if my mother-in-law is not there in the future, can I get a house if I divorce? It doesn't matter if your mother-in-law divorces you or not, it doesn't matter if you share the house, you are divorced and belong to the marital property. You've all been married for 20 years, so let's have a good time.
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Rest assured, it has nothing to do with the household registration, and the property of the husband and wife cannot be in her name.
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Hello, this house is in the name of your mother-in-law, that is, her private property, if there is no will to anyone before you pass away, you and your husband have no right to share the house! I hope it can help you, I hope to adopt thank you!
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Now it seems that it is possible to apply for an equal division of property.
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If your mother-in-law is here, you won't be able to get a house in a divorce. Because this is a pre-marital property, it is obvious that the old house was purchased by the mother-in-law and father-in-law, and you did not contribute to it.
Of course, if the mother-in-law is no longer in the future, then their property will be inherited by the children separately, then it is said that your husband's share is also among them.
Because it is inherited after marriage, then you have the right to share a part of the property.
But it's better not to get a divorce, especially not for money. What about people, it's better not to toss around?
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No, because this house is not your joint property, you will not be able to share it.
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You're really, how did you think about divorce? IMHO, I feel like you take material things a little bit seriously. Sorry, may be offended.
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If your father-in-law is still alive, the first heir is your father-in-law, if your husband is not an only child, the house must be allocated to other children, and the house is your mother-in-law's, the heir is your husband, this is not marital property, it is a unilateral gift, you can go to the law firm for consultation and processing for specific details.
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Personally, I recommend that you go to a local law firm to consult a lawyer, a lawyer knows it, after all, they are professionals, and you can't get the answer you want by asking here.
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Is your husband bad for you? Why do you want to get a divorce? Can you let go of twenty years of affection?
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The divorced mother-in-law can't share the house in your absence, that is premarital property.
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What the hell! Do you want to get a divorce later? No! That's right.
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In this case, it is difficult to say that there should be no inheritance, and then look at whether the house was bought before marriage or after marriage, and you have no inheritance right if you buy it before marriage, if you buy it after marriage, you still have some hope, so you have to go through the law to solve it and see how much you can get.
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I'll have to ask the relevant departments about this, and I don't know much about this question.
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You can't get it in the event of a divorce.
This is the husband's personal property (registered as the husband, it is a clear gift to the husband).
Interpretation II of the Marriage Law (2003).
Article 22, paragraph 2.
After the parties get married, where the parents contribute to the purchase of a house for both parties, the contribution shall be deemed to be a gift to both husband and wife, except where the parents expressly express that the gift is made to one of the parties.
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If you can get a share of this, it is considered marital property, but if there is a lawsuit, if your husband has evidence to prove that the house was bought in full by his in-laws, and it means that if the house is not given to you, you will not be able to share much money.
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It's the property of your in-laws before marriage, and you can't share it.
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1. The house to be demolished is on the side of the husband and wife.
Pre-marital property and resettlement housing are resettled according to the standard of the use of population, and the husband and wife have a certain share of property rights.
A: Yes. 2. The house to be demolished is the pre-marital property of one of the husband and wife, and the husband and wife have expanded or attached the house after marriage, and the other party also has a certain share of property rights. 3. The house to be demolished is the property of one of the parents of the husband and wife, and the resettlement house is resettled according to the standard of the population used, and both husband and wife have a certain share of property rights 4. The house to be demolished is the property of one of the parents of the husband and wife, and both husband and wife have expanded or attached to the house during the period of living with their parents, and both husband and wife have a certain share of property rights.
5. The house demolished before marriage belongs to the personal property of one party before marriage, and the other party has no contribution to the house, it is not divided and belongs to one party.
If it falls into items 1 to 4, you have your share.
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They are all divorced, and there is no agreement in the divorce that says you have the right to divide the property, and if not, you have nothing.
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If it's gone, it's definitely gone.
If you haven't left yet, you must have your resettlement index and turnover subsidy or something (the number of special items depends on the specific policy).
I hope your relationship is not too bad and you can discuss it, otherwise you have to keep an eye on it, you don't know if someone else's family takes the money and leaves, keep the evidence that can prove your marital relationship, as long as you insist on asserting your rights, you will definitely have a share.
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