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Anonymous users2024-02-12Distinguish the legal relationship between the two.
Your brother will help you and your husband buy a house at your brother's expense, and your name will be on the property.
That is, your husband and wife are the debtors of your younger brother, and the relationship between them is one of creditor's rights and debts.
However, what your husband and wife enjoy is the ownership of the house, that is, the scope of adjustment of the property right, and the legal nature of the two is different.
Suppose that your husband and wife are unable to repay your brother's financial aid, your brother will not automatically enjoy the ownership of the house at this time, and can only obtain compensation through a lawsuit for creditor's rights and debts.
In fact, you can use the house as collateral, which should be the most reasonable.
2. The property acquired by the husband and wife during the existence of the marital relationship shall be the joint property of the husband and wife, including:
1) Income from labor and property acquired by one or both parties;
2) Property inherited or donated by one or both parties;
3) the economic benefits of one or both parties derived from the intellectual property rights;
4) The income of one or both parties engaged in production and business activities such as contracting and leasing;
5) Claims obtained by one or both parties;
6) Other lawful gains of one or both parties.
It can be seen that the donated property is still joint as long as it is within the existence of the marital relationship.
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Anonymous users2024-02-11According to the law, property acquired during the marriage is jointly owned by the husband and wife. In this regard, the property is the joint property of your husband and wife. As for the money for the purchase of this property**, the nature of the marital community cannot be denied.
The money for the purchase of the property is a joint debt of your husband and wife, which should be repaid jointly, and although the money was made by your brother, it cannot be assumed that the property is his. These are two legal relationships; 1. The joint property relationship of the husband and wife. 2 Lending relationship.
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Anonymous users2024-02-10It depends on whether your brother bought it for you, and if he indicates that it was given to you, then it does not belong to the joint property of the husband and wife; If he doesn't specify that it is for you, it will be the joint property of the husband and wife. But I want to ask, did your brother buy this house for himself? Or did you buy it for you?
Or is it for the two of you? You're going to have to figure this out. If you are afraid of property disputes with your wife in the future, you can call your brother to go to the notary office to notarize, that is, to notarize that your brother's purchase of the house is for you, not for you and your wife.
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Anonymous users2024-02-09Legal analysis: Housing reform is the joint property of husband and wife, and if the house is purchased at cost price or standard price, each family can only enjoy it once. Housing benefits should be enjoyed by both husband and wife, not by the employee of the selling unit.
The property rights of such houses shall be jointly owned by the husband and wife, and either spouse shall have equal rights to dispose of such houses.
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.
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Anonymous users2024-02-08Housing reform is the joint property of husband and wife. Housing reform belongs to the housing welfare policy, the housing welfare policy is for the family, not for the personal travel, each family enjoys once, the husband and wife are a family unit, so the housing welfare is the joint property of the husband and wife.
Article 25 of the Supreme People's Court's Interpretation (1) on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China: During the existence of the marital relationship, the following discussion of the property listed in the Ran List is "other property that shall be jointly owned" as provided for in Article 1062 of the Civil Code: 1) The income obtained by one party from the investment of personal property; (2) Housing subsidies and housing provident funds actually obtained or should be obtained by both men and women; (3) The basic pension and bankruptcy resettlement compensation that both men and women actually receive or should have obtained.
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Anonymous users2024-02-07Housing reform houses acquired by the husband and wife during the existence of the marital relationship can be regarded as the joint property of the husband and wife. The income from production, business or investment obtained by the husband and wife during the existence of the marital relationship shall be recognized as the 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 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 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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Anonymous users2024-02-06Housing reform is the joint property of husband and wife. Housing reform belongs to the housing welfare policy, the housing welfare policy is for the family, not for the individual, each family enjoys once, the husband and wife are a family unit, so the housing reform house that enjoys the housing welfare is the common property of the husband and wife.
[Legal basis].Article 25 of the Interpretation (1) of the Supreme People's Court on the Application of the Marriage and Family Section.
During the existence of the marital relationship, the following property is "other property that shall be jointly owned" as provided for in Article 1062 of the Civil Code:
1) The income obtained by one party from the investment of personal property;
(2) Housing subsidies and housing provident funds actually obtained or should be obtained by both men and women;
3) The basic pension and bankruptcy resettlement compensation that both men and women have actually obtained or should have obtained.
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Anonymous users2024-02-05If the house is purchased at cost price or standard price, it shall be the joint property of the husband and wife, and each family can only enjoy it once, and during the existence of the relationship between the husband and wife, the object of housing welfare treatment shall be the husband and wife, not the employee of the selling unit.
[Legal basis].Article 106 of the Civil Code of the People's Republic of China.
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) 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 should be known to be jointly owned by Angelica. Ride Songsen.
Husband and wife have equal rights to dispose of joint property.
Housing reform refers to the product of the reform of the urban housing system implemented in 1994, and is a transitional policy for the transformation of China's urban housing from the previous unit distribution to the market economy, and can now be called the purchased public housing. Purchased public housing refers to the built public housing purchased by urban workers at cost price or standard price in accordance with the relevant policies and regulations of the state and local people at or above the county level on the reform of the urban housing system. If the house is purchased at cost price, the ownership of the house belongs to the individual employee, and if it is purchased at the standard price, the employee owns part of the ownership of the house, which is generally owned by the individual employee after 5 years. >>>More
Housing reform housing is the state-subsidized construction of public housing, its sales ** lower than the market cost price, only pay taxes and fees to make up the difference, the property rights into the "market cost price", housing reform real estate can be directly listed and traded. There is no situation where transactions are not allowed for less than 5 years. However, the listing transaction of housing reform must pay various taxes and fees, and the cost can be made up before the normal transaction, which of course includes the land transfer fee.
First of all, we must apply for the original unit to receive the general land use certificate, and the "state-owned land use certificate" of the cadres and workers participating in the housing reform shall be unified by the housing reform unit to the land bureau of the district where the land is located to apply for land sub-household registration with the housing sales agreement and the approval document of the housing reform office. >>>More
1. What kind of collateral can be used for bank mortgages? >>>More
The garbage generated by housing reform belongs to construction waste. For residential communities, there is generally a property management and owner agreement, and the costs incurred in the removal and transportation of construction waste are generally borne by the owners themselves, unless otherwise specified. So the expenses you are talking about are generally not reimbursed anywhere. >>>More