Can I borrow money to buy a house before marriage and write the names of two people?

Updated on society 2024-07-22
8 answers
  1. Anonymous users2024-02-13

    According to what you mean, on the title deed he said to write his mother's name, which means that the house belongs to his mother.

    On the issue of the loan, he said that his name is written on his, that is to say, it is his loan, not you! When you repay the loan, he wants you to repay it together, and if something happens in the future, he wants you to leave Half of the house you repay together, and he can let you leave without saying anything, because only his name is on the loan repayment agreement!

    Therefore, your name should be on both the title deed and the loan agreement, and if you feel that it is not appropriate, it is best to consult a lawyer (real estate appraisal companies have a lawyer's department).

    It's best not to have an accident happen and I wish you happiness.

  2. Anonymous users2024-02-12

    This kind of problem has always been a difficult problem to solve.

    It doesn't make sense to write your name in the house, it doesn't make sense to write his mother's name, it doesn't make sense to write his name.

    You buy a house, write his name, and the property of the house at this time is his, that is, disassociate yourself from his parents. Then before you get married, you have to do a pre-marital property appraisal to prove what you have.

    In this way, after you repay the debts together, your name will be added to the house, but you must prove that 200,000 yuan is your husband's pre-marital property, no matter whether you are divorced or not, you don't have to worry about losses.

    Of course, I hope you will grow old, but everything has to be guarded against.

  3. Anonymous users2024-02-11

    Legal analysis: Buying a house before marriage can write the names of two people. If the names of two people are written, the property is jointly owned by both parties, and if they are married, it is the joint property of the husband and wife, and one party has the right to claim division in the event of divorce.

    Even if you are not married, it is joint property, and if it is divided, it is divided according to the general common property.

    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 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 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.

  4. Anonymous users2024-02-10

    Buying a house before marriage can be written in the names of two people. Write the names of two people on the title deed, and the property belongs to the two people in common. The mode of co-ownership is divided into co-ownership and co-ownership by shares.

    In the case of joint ownership, the co-owners jointly enjoy the ownership of the house; In the case of joint ownership by shares, the co-owners have ownership of the house according to the share of the certificate. If it is shared by shares, the two parties shall agree on the shares.

    Legal analysis

    If two people write the names of two people when buying a house before marriage, the real estate registration agency will generally only issue one real estate property right certificate when applying for the real estate property certificate, but if the co-owner applies for the issuance of the certificate according to the number of co-owners, the real estate registration agency may issue a real estate property right certificate to each co-owner. If the two parties do not expressly agree on the share, the share will be determined according to the amount of their respective capital contributions, and if the amount of capital contribution cannot be determined, they will each enjoy a 50% share. Several people jointly own the property and jointly exercise their rights to the property.

    Where during the existence of a co-ownership relationship, some co-owners dispose of the co-ownership property without authorization, it is generally found to be invalid. Co-ownership is divided into co-ownership and co-ownership, there is no priority in the name of co-ownership, and the co-owners enjoy the same share, and the co-ownership needs to make corresponding agreements on the share between the co-owners, and the real estate certificate will indicate the percentage of shares enjoyed by each person. As far as the right of disposition is concerned, the property owner can make a decision to dispose of the house by himself for a separately owned property, while for a co-owned property, the co-owners need to make a joint decision when disposing of the house.

    Legal basis

    Article 6 of the Regulations on the Administration of Urban Private Housing Article 6 In the case of urban private housing jointly owned by several persons, the owner of the house shall receive a certificate of ownership of the house jointly owned or co-owned by shares. It has been clarified that the co-owners should obtain the co-ownership certificate of the house, which is a mandatory legal obligation of the co-owners in the form of laws and regulations.

    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.

    Article 298:Co-owners by share enjoy ownership of the immovable or movable property in common according to their share.

    Article 299:The co-owners and co-owners jointly enjoy ownership of the immovable or movable property they jointly own.

  5. Anonymous users2024-02-09

    Write the names of two people when buying a house before marriage, and it is okay for one person to take out a loan. The creation, alteration, transfer and extinction of immovable property rights shall take legal effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law. On the prenuptial real estate certificate, it is possible to write the names of two people, which belongs to the joint relationship.

    1. Do I have to transfer the ownership of the inherited property before I can buy or sell it?

    Inherited property must be transferred before it can be bought or sold. China's housing implements a real estate registration system, and the establishment, alteration, transfer and extinction of real estate rights shall be registered in accordance with the law and take effect; Without registration, it shall not take effect, unless otherwise provided by law. Therefore, the heir who inherits the decedent's house must go through the transfer procedures, so that the property right of the house belongs to the heir, and the heir can dispose of the house at will.

    2. Is it necessary to transfer the ownership of the real estate in the registration of real estate?

    The registration of immovable property is not a transfer, and in the case of legal transfer of immovable property, the transfer registration should be completed in a timely manner, that is, the transfer procedures, otherwise according to the law, the immovable property right cannot be generated. According to the laws of the People's Republic of China, the creation, alteration, transfer and extinction of immovable property rights shall take effect upon registration in accordance with the law; Without registration, it shall not take effect, unless otherwise provided by law.

    3. Handling fee for the transfer of the house in the divorce:

    1. Taxes: deed tax (house area< 90, proportion 1%; 90 The area of the house < 140, the proportion is; The area of the house is 140 and the proportion is 3%), and the decal cost is 5 yuan.

    2. Fees: registration fee of 80 yuan, handling fee of 2%, production cost of 20 yuan.

    Article 209 of the Civil Code [Effect of Registration of Real Estate Rights] The creation, alteration, transfer and extinction of real estate rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law.

    The ownership of natural resources that belong to the State in accordance with the law may not be registered.

  6. Anonymous users2024-02-08

    Legal analysis: Before marriage, if both parties contribute capital and write the names of both parties, regardless of whether the loan is taken out or not, it is joint property and will be divided equally. If one party takes out a loan to write his or her own name before marriage, and after marriage or before marriage, one party requests to add another person's name to the real estate certificate, then it also has legal effect.

    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 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 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.

  7. Anonymous users2024-02-07

    If you buy a house before marriage and sign a contract to buy a house, you can write the names of two people together, and there is no limit to the number of owners of a house. As a real estate, the real right needs to be registered as a real estate, and a real estate register can be issued to prove the ownership of the right. Therefore, the real estate certificate is a proof material to prove the ownership of the property right of the house.

    Legal basis

    Article 216 of the Civil Code 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 217:The certificate of ownership of immovable property is proof that the right holder enjoys the right to disturb the immovable property.

    The matters recorded in the certificate of ownership of immovable property shall be consistent with the immovable property register; In the event of inconsistencies in the records, the immovable property register shall prevail unless there is evidence to prove that there is an error in the immovable property register.

  8. Anonymous users2024-02-06

    The law stipulates that before marriage, during the existence of the marital relationship, the man and woman can agree whether the property is owned by individuals or jointly, and the agreement shall be in writing, and the property agreement made by the parties shall be legally binding on both parties.

    Legal basisArticle 32 of the Interpretation of the Supreme People's Court on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China (1).

    Where before marriage or during the existence of the marital relationship, the parties agree to donate or co-own the real estate owned by one party to the other party, and the donor revokes the gift before the registration of the change of 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 658 of the Civil Code.

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