What surgeries do you have to go through before the marriage to prove that the property is joint pro

The State implements a real estate registration system, which stipulates that housing rights and interests belong to the registrant of the real estate certificate.

The Marriage Law also stipulates that property in the name of one of the parties before the marriage shall belong to the registrant before the marriage.

Therefore, if you want to share the house before marriage for the husband and wife, you need to go through the procedures for adding the name to the real estate certificate. The title deed for the re-application of the house is in the name of the couple.

The Property Law provides:

Article 17 The certificate of ownership of immovable property is the proof that the right holder enjoys the right to 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.

The Marriage Act provides:

Article 17 The following property acquired by husband and wife during the existence of their marital relationship shall be jointly owned by 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.

Article 18: In any of the following circumstances, it is the property of one of the husband and wife:

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.

Husband and wife may stipulate that property acquired during the existence of the marital relationship and property before marriage shall be owned separately or jointly, or partly separately and partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is unclear, the provisions of articles 17 and 18 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 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 third party, the debts shall be paid off with the property owned by the husband or the wife.

Since the title deed is in your name and it is a house you bought before marriage, it should be your personal property; The house is subject to the title deed, which is the law. Although it has been notarized, it has not changed the nature of the property, and if the notarization is followed by the title deed in your wife's name, it can become the joint property of the husband and wife. If it is not the joint property of the husband and wife, it cannot be divided in divorce.

According to the law, the acquisition of the ownership of immovable property shall be subject to registration, and the ownership of the house is acquired after marriage, but it cannot simply be considered that the property right of the house is acquired after marriage, and the property is the joint property of the husband and wife. If the purchase price is fully contributed by one of the spouses with his or her personal property before marriage, and the house ownership certificate is also registered in the name of the party who purchased the house, it shall be recognized as the personal property of the party who purchased the house, and this situation belongs to the transformation of the form of personal property, that is, from money to house, without affecting the ownership of the property.

1. How to deal with the divorced house of two people who bought a house with a loan.

1. If one of the husband and wife purchases a house with personal property and takes out a mortgage loan before marriage, and the husband and wife apply for the real estate certificate of one of the spouses as the owner before marriage, and both parties repay the loan jointly after marriage, the house in this case is the personal property of one party, and the other party has no right to claim division at the time of divorce. However, one of the spouses who participates in the joint repayment of the loan has the right to demand that the other spouse return the part of the repayment. It is also possible to claim compensation for the part of the house that has appreciated in value.

2. If one of the husband and wife buys a house with personal property and takes out a mortgage loan before marriage, and both parties jointly repay the loan after marriage and obtain the real estate certificate after marriage, the mortgaged house in this case is the personal property of one party before marriage and will not be divided at the time of divorce.

3. The husband and wife purchase a house with common property and mortgage loan before marriage, repay the loan jointly after marriage, obtain the real estate certificate before marriage and the real estate certificate is registered in the name of one party, and when the unregistered party claims that the house is joint property, one must prove that he has fulfilled the obligation of capital contribution for the purchase of ** refers to the scattered house before marriage; Second, they must prove that they contributed capital before marriage on the premise that both parties agree that the purchased house is jointly owned. If no evidence can be provided, the property will be considered to be the property of one party and will not be divided at the time of partition.

Second, how to distribute the real estate of the Hail family in the divorce now.

1) If one party buys a house before marriage and pays all the house price in full, it is the pre-marital property of one party. (2) A house purchased by one party with personal property after marriage is the property of one party. (3) If the husband and wife make a one-time capital contribution after marriage and divorce after obtaining the house ownership certificate, as long as the husband and wife have not clearly agreed in advance that the property right belongs to one of the parties, regardless of which party is the buyer or the owner of the house on the house purchase contract or house ownership certificate, regardless of whether the co-owner is stated on the house purchase contract or house ownership certificate, and regardless of the share of capital contribution of the husband and wife in the two houses, the real estate belongs to the husband and wife in common ownership.

4) Where a house is rented by one party before marriage and purchased with joint property after marriage, and the house ownership certificate is registered in the name of one party, it shall be recognized as the joint property of the husband and wife. (5) The house (including loans) purchased by the husband and wife with their joint property after marriage shall belong to the joint property of the husband and wife, and shall generally be divided equally in the event of divorce.

Article 209 of the Civil Code stipulates that the creation, alteration, transfer and termination 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 Civil Code will come into force on January 1, 2021).

To prove that the house is pre-marital property, it is necessary to register the purchase contract or the property right of the house before the date of registration of the marriage certificate. If the right to property was acquired before the marriage, but the property was actually taken after the marriage, it is in the nature of pre-marital personal property.

[Legal basis].

Article 1063 of the Civil Code of the People's Republic of China provides that the following property is the personal property of one of the spouses: (1) the premarital property of one party; (2) Compensation or compensation received by one party for personal injury; (3) The property that is determined in the will or gift contract to belong to only one party; (4) Daily necessities for a tour of Hongfang; 5) Other property that shall belong to one side.

Legal Analysis: Yes. The property of one of the spouses before marriage is personal property, and the law no longer recognizes that the husband or wife can be converted into joint property after a certain period of time.

Legal basis: Article 1063 of the Civil Code of the People's Republic of China The following property is the personal property of the husband and wife

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 to belong to only one party in a will or gift contract;

4) Daily necessities for the exclusive use of one side;

5) Reconcile other property that should belong to one side.

[Legal basis].

Article 1063 of the Civil Code stipulates that the following property is the personal property of one of the husband and wife: the pre-marital property of the party who blocked the auction; (2) Compensation or compensation received by one party for personal injury; (3) Property that is determined to belong to only one party in a will or gift contract; 4) Daily necessities for the exclusive use of one side; 5) Other property that shall belong to one side.

Husband and wife real estate agreement.

Party A: , male, born on the date of the year, Han nationality, ID number:

He is the husband of Party B.

Party B: , female, born on the day of the year, Han nationality, ID number: , is the wife of Party A.

Party A and Party B registered their marriage on xx-xx, and hereby in accordance with the relevant provisions of the Marriage Law of the People's Republic of China, the Property Law, the Judicial Interpretation of the Marriage Law (III) and other laws and regulations, the parties have reached the following agreement voluntarily through consultation for the parties to abide by.

Article 1 The house located in the unit number of the building floor is the real estate purchased by Party A and Party B with the joint property of the husband and wife, registered in the name, the property right is jointly owned by Party A and Party B, and the payment method of the house is a mortgage, and the father of Party B pays the down payment. If the relationship breaks down and leads to divorce, the property belongs to Party B, and Party B pays the mortgage loan paid by Party A during the period.

Article 2 Housing disposition. Without the consent and signature of both parties A and B, neither party nor any third party shall sell the jointly owned property without authorization. Any person who sells the house without the unanimous consent and signature of the co-owners shall be invalid, and the losses caused to the co-owners shall be compensated by the person who has no right to dispose of them.

Article 3 Housing income. The proceeds of the property jointly owned by both parties shall be jointly owned by both parties. The lease of the house and the establishment of easements are subject to the agreement and signature of both parties.

Article 4 Housing mortgage. Without the agreement and signature of both parties, neither party shall mortgage the property to a third party without authorization.

Article 5 Dispute resolution method of co-ownership housing: If a dispute arises in the process of transfer or residence of a co-owned house, it shall be resolved by both parties through negotiation, and if the negotiation fails, a lawsuit may be filed with the people's court where the house is located.

Article 6 This Agreement shall be executed in duplicate by both parties and shall come into force on the date of signing.

Article 7 Signature of the co-owner of the property right of the house:

Party A: Party B: Witness:

YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY

Depending on your situation, you're changing.

As long as you both know each other and sign the agreement fairly, it has legal effect.

But the risk is that when signing, one party deliberately pays attention to deliberately writes the name differently than usual, but does not admit it, and it is very troublesome at that time, that is, to make notes for identification, not to mention the high cost, and there are mistakes.

So find a third person to testify for you, to confirm it, and ask for a signature and a fingerprint.

It's good when notarized, but the cost of notarization of real estate is high, so it's not very cost-effective.

If the man is willing to add the woman's name to the pre-marital property, how to sign the agreement?

"The down payment is paid by my husband's family, the monthly repayment is also paid by my husband's family, and the real estate certificate is in my husband's name," your husband's parents issued a gift agreement, which clearly states that "the property is given to your husband and wife" can be guaranteed.