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Hello, whether the property belongs to the joint property of the husband and wife still depends on the specific capital contribution, and the marital real estate purchased by the husband and wife is still jointly owned by the husband and wife. If it is only indicated that the property ownership certificate is separately owned, it does not mean that the property right of the house belongs to the registrant personally, because as long as only one person's name is written on the property ownership certificate, it will be indicated as the sole ownership, which is to prevent oneself from adding the name to the property ownership certificate without permission. In addition, because there is a person's name on the real estate deed, in this case, once divorced, the party who does not have the registered name cannot have the right to use and live in the house, but can get a certain percentage of the value of the property.
However, if the property is notarized, it can be changed to private property, and through the act of notarization, the joint property between the husband and wife can be transferred to the name of the designated party, so that the property will always belong to the party whose name is marked.
[Relevant Laws].Article 1062 of the Civil Code: The following property acquired by the husband and wife during the marriage 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) income from 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.
Article 1063 of the Civil Code: 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.
Article 31 of the Interpretation of the Marriage and Family Section of the Civil Code (1): Article 1063 of the Civil Code stipulates that the personal property of one of the husband and wife shall not be converted into the joint property of the husband and wife due to the continuation of the marital relationship. Unless otherwise agreed by the parties.
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If the title deed indicates that it is owned by one party alone, then this is no longer part of the joint property, and if it is indicated whose property it is, then this is owned by this person alone.
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This is someone else's personal property, not the joint property of the husband and wife. Because the real estate deed indicates that the house is owned by an individual, that is, it will not participate in the division after the divorce.
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As long as it is purchased after marriage, it belongs to the joint property after marriage, unless both parties go to the notary office to notarize, and one party voluntarily gives up, or the property agreement drawn up by both parties can be notarized, but it will only affect the sale and purchase of the real estate certificate, but it will not affect the distribution after the divorce!
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If the name change of the real estate certificate of the husband and wife indicates that one party owns it alone, it must be stipulated in a written agreement that the other party gives up the real estate before it belongs to the personal property of one party, otherwise it still belongs to the joint property of the husband and wife.
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Since the title deed is renamed and indicated as being owned by one party alone, it is agreed by both husband and wife, so it does not belong to the joint property of both husband and wife.
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The name of the couple's real estate certificate is changed, indicating that one party owns it alone. It does not belong to the joint property of the husband and wife, but is the independent property right of the party who confirms the right.
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Since the name has been changed and the ownership of one party is indicated, of course, it is only his personal property that is certainly not part of the joint property.
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The name of the husband and wife's real estate certificate is changed and it indicates whether one party is alone or the joint property of the husband and wife, then I don't understand this, what do you want to express? What are you talking about?
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If the name of the husband and wife is changed and one of the spouses is indicated, is it still the joint property of the husband and wife? In this case, it should still be the joint property of the husband and wife.
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It belongs to the husband and wife in common, indicating that it is owned separately in the real estate certificate, not that the property right of the house belongs to the registrant personally, as long as only one name is written on the real estate certificate, it will be indicated that "separate ownership" means to prevent you from adding your name to the real estate certificate privately
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No. Because the name of the marital property deed is changed and it is stated that it is owned by one party alone, it means that one party has given up his or her rights, so it is not the joint property of the husband and wife.
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Hello, I am a cooperating lawyer and it is a pleasure to serve you.
Questions. Is the name change of the title deed of the husband and wife and indicate whether one party is alone or the joint property of the husband and wife?
Hello, what is the specific situation, is it your pre-marital property?
Questions. After marriage.
Did you buy it together after marriage?
Questions. Shops and houses bought after marriage.
If both of your property were purchased after marriage, there is no doubt that this is indeed joint property, that is, if you divorce, the husband and wife are one and a half. However, if the property involves a down payment before marriage, the part of the down payment before marriage does not belong to it, that is, if it is divided, the part of the down payment does not participate in the division of half of the joint property, and it must be taken out first, and then divided according to the remaining part. Then, if there is a loan on the property, the party who acquires the property will pay half of the current actual ** (excluding the part of the down payment) to the party who does not take the property.
If your proof is legally valid and proves that it is owned by one of you, then the house is not joint property.
Questions. Then why is it indicated that it is owned separately, there was a house that was not indicated before.
I'm analyzing your problem here, because your rounds are limited, so don't type it first, I've read the reply, and you can tell me if you have other questions.
Questions. Is this an indication that the real estate bureau itself marked?
Did the other party indicate that it belonged to him, did you know, or did you sign it?
If it is purchased with joint property after marriage, it belongs to the joint property of the husband and wife.
Questions. I saw it on the title deed today.
Hold on. Regardless of whether the name of one party or both parties is on the real estate deed, as long as it is the property right of the house obtained by the husband and wife with joint contribution (including loan) after marriage, it is joint property.
If his name is on the real estate deed, but you also contributed or helped repay the loan, this is also the joint property of the husband and wife.
Hello, is there anything else you need my help with? If you have any questions, I'll be happy to help you with any questions.
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It is the joint property of the husband and wife. If it is a property after marriage, then it is invalid to indicate the property of one party, and the law is also to avoid some loopholes in the marriage and avoid unnecessary disputes.
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Then it is not the joint property of the two people, because the other party has clearly marked, so at this time there is no relationship with the other half at all.
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How do you re-apply for a real estate deed after one party dies?
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Legal analysis: It needs to be determined according to the specific circumstances, and the property obtained after marriage is also written in the name of one party and belongs to the joint property of the husband and wife, and the separate ownership on the real estate certificate cannot prove that it is personal property. In addition, it is also necessary to consider the capital contribution at the time of purchase of the house and the repayment of the loan in the later period to determine whether it is personal property or joint property of the husband and wife.
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 potato production, 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.
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Legal Analysis: Buying a house after marriage and only writing one person's name. The title deed says that it is owned separately.
In this case, the owner of the house must prove that the purchase money was not obtained during the marriage, and if it cannot be proved, the property can only be considered joint property. Extended information: Community property, i.e. property owned by the husband and wife during their common life as recognized by law.
Both parties have the right to use the property, which may be material, capital, or abstract property; In the distribution of property, the distribution is assessed using the consent measure in accordance with national regulations.
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 1063 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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Summary. Hello, in this case, if the husband and wife jointly contribute and buy it after marriage, even if it is changed to one person's name, it is also joint property.
Hello, in this case, if the husband and wife jointly contribute and buy it after marriage, even if it is changed to one person's name, it is also joint property.
Can you describe your situation in detail? <>
After marriage, the names of the husband and wife written on the house bought by the two people with a loan were later changed to one person's, and now they want to divorce and want to ask if it is still the joint property of the husband and wife.
Yes, you can rest assured that this is considered the joint property of the husband and wife. <>
Legal basis: Article 1065 of the Civil Code of the People's Republic of China provides that a man and a woman may agree that the property acquired during the marriage relationship and the property before the 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 not clear, the provisions of articles 1062 and 1063 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 legally binding on both parties. If the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the counterpart, the personal property of the husband or wife shall be repaid.
Do you mean that even if you go to the property and change the name to one party, it is still the joint property of the husband and wife, right?
Yes, okay, I know, I'm worried that if this house is renamed to one side, it won't be part of the joint property.
That room book states that it is owned separately.
Is it still joint property?
You didn't sign an agreement to give up the property, did you?
If it is a real estate acquired after marriage, as long as there are no special circumstances or special appointments, it will also be recognized as the joint property of the husband and wife. If it was acquired before marriage, it is written that the sole ownership of one party is the personal property of one party.
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If it has been indicated that one of the spouses owns it alone, it is not part of the joint property of the husband and wife.
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The name of the husband and wife's real estate certificate is changed and it is indicated that one party has a reputation and is owned separately. As long as it is notarized. That doesn't count as marital property.
If it is not notarized or conditions are attached. It is also possible to repent. Compete for property.
However, since the Qingyuan problem has arisen, it is better to resolve it through negotiation.
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It has been indicated that it is separately owned, that is, if the other party does not have ownership, then it is not joint property. It's so clear, let's divide the relationship between husband and wife.
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If it is indicated that it is owned by one party alone, it is certainly not the joint property of the husband and wife. If only the name change does not indicate that one party owns it alone, it is still joint property.
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Is this an agreement signed by a husband and wife? If so, if Sen Yuan indicates that it is owned by one of the husband and wife, it will become one of the parties, and it will not be the joint property of the husband and wife.
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During the period of marriage delay, no matter whose name is written on the real estate certificate, it belongs to the joint property of the husband and wife, unless Cong Naqi real estate is purchased in full before marriage, so it does not belong to the joint property of the husband and wife, I wish you good luck!
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If the title deed of the husband and wife has been changed and indicates that one party owns it alone, it will not be the joint property of the husband and wife in the future.
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It should not be the joint property of the husband and wife, because you have already indicated that one of the spouses owns it alone.
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As long as it is the property purchased by the house after marriage, no matter whose name is written, it belongs to the joint property of the husband and wife, and it is useless to write a person's name vigorously, and the law is to protect the late hail of the investor.
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Since it is indicated as separate ownership, it is not joint property.
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Personally, I think——
The meaning of these common Chinese characters is very straightforward, and it is not difficult to understand!
Since the "Title Certificate" has been renamed and stated "owned by one party alone", please ask:
Where does "marital property" come from?
If it is a "simple loss of marital property", please ask:
Where does the empty hunger come from "one party owns alone"?
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If there is already an agreement, it will be handled according to the agreement.
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Originally, it was two people, why did you change it to one person's name, and then wonder if it was joint property?
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Summary. Yes, if the name is changed to one party during the existence of the marital relationship, to be honest, it can be determined that it is owned by one of the spouses as agreed by one party, so it can not be recognized as the joint property of the husband and wife.
Hello, I am a cooperative lawyer of Legalis, and I am happy to serve you.
Is the name change of the title deed of the husband and wife and indicate whether one party is alone or the joint property of the husband and wife?
and indicate that one party owns it separately.
That's what it says there.
As long as only one name is written on the real estate certificate, it will be indicated that "separate ownership" means to prevent you from adding your name to the real estate certificate without permission, and the husband and wife can agree that the property obtained during the existence of the marriage relationship and the property before the marriage shall be owned separately, jointly owned or partially owned separately and partly jointly owned. Therefore, if a husband and wife register the property purchased during the marriage relationship in the name of one of the spouses, it should be deemed that the husband and wife have agreed that the property is the personal property of the husband and wife.
In this way, although it is still the existence of the husband and wife relationship, if the real estate certificate is registered to which party, which party owns it, it is not the joint property of the husband and wife?
Yes, if the name is changed to one party during the existence of the marital relationship, to be honest, it can be recognized that the judgment is determined to be owned by the husband and wife as agreed by the husband and wife, then it can not be recognized as the joint property of the husband and wife.
You're talking about one party's property, and the other party's property rights and residency rights are gone.
Yes, but if they are willing to let you stay, that's fine.
If it is the joint property of the husband and wife during the existence of the husband and wife, and it is registered with the other party, it is not a joint property, and this provision is not a new provision in the law.
If you are willing to change this, or do you want to buy another house?
If it is a new purchase, it can still be recognized as the joint property of the husband and wife.
Now the husband and wife are making a conflict (ostensibly in order to restrain me), asking me to transfer the property right certificate to the other party, I am afraid that after the transfer to the other party, the house will not be mine, is the lawyer like this.
If it turns now, it will be personal property.
It is not recommended to transfer.
Good. Uh-huh, okay, have a great day.
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