Is it joint property after the name is added to the title deed?

Updated on society 2024-07-29
8 answers
  1. Anonymous users2024-02-13

    If the title certificate is added to the name of another person, the property is generally recognized as joint property. However, when there is a name split, it does not have to be half of the half. Regarding the division, if there is an agreement, there is a subordinate agreement, and if there is no agreement, it is also necessary to comprehensively consider factors such as the contribution of each party to the property.

    Data Extensions

    Community property refers to the property owned by the husband and wife during the period of their common life, which is recognized by law. Property for which both parties have the right to use, which may be material, financial, or abstract property; In the distribution of property, the distribution is assessed using the consent measure in accordance with national regulations.

    The following property acquired by the husband and wife during the marriage shall be jointly owned by the husband and wife:

    1) Salary and bonus;

    2) income from production and operation;

    3) income from intellectual property rights;

    4) Property acquired by inheritance or gift, except for property that is determined in the will or gift contract to belong to only one of the husband or wife;

    5) Other jointly owned property.

    The joint property of husband and wife includes the labor income and other legal income, donated property, inherited property, etc., obtained by both husband and wife or one of the spouses during the existence of the marital relationship.

  2. Anonymous users2024-02-12

    Legal analysis: 1. One of the husband and wife buys a house in full before marriage and obtains a real estate certificate before or after marriage, and the house belongs to the party who purchased the house before marriage.

    2. Buying a house before marriage and adding another party after marriage is the joint property of the husband and wife.

    3. Buy a house in full before marriage, write the names of two people on the purchase contract, and there is no special agreement that it is jointly owned.

    4. If both parties contribute to the purchase of the house before marriage, but only the name of one party is on the real estate certificate obtained before marriage, if they do not recognize that the other party has contributed capital when purchasing the house, it is considered that the house belongs to their personal property before marriage.

    Legal basis: Article 1063 of the Civil Code of the People's Republic of China? 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.

  3. Anonymous users2024-02-11

    Legal analysis: adding a name to the real estate deed is joint property. A title deed is a valid document that proves the ownership of a home. The addition of each other's names to the title deed means that the house belongs to both parties, of course, it is joint property, and both parties have property rights to the house.

    Legal basis: Article 63 of the Law of the People's Republic of China on the Management of Urban Real Estate Article 63 If the people of the province, autonomous Zisenwang District and the municipality directly under the Central Government determine that the local people at or above the county level are responsible for real estate management and land management by a unified department, they may make and issue a unified real estate right certificate, and in accordance with the provisions of Article 61 of this Law, the ownership of the house and the confirmation and change of the land use right within the scope of the house occupation shall be included in the real estate right certificate.

  4. Anonymous users2024-02-10

    The title deed is considered joint property when the name is added. As long as the name is added to the title deed, then it belongs to the joint property of the husband and wife. A title deed is a valid document that proves the ownership of a home.

    The addition of each other's names to the title deed means that the house belongs to both parties, which is also joint property, and both parties have property rights to the house. Under normal circumstances, the property acquired by the husband and wife during the existence of the marital relationship is the joint property of the husband and wife and belongs to the husband and wife.

    Civil Code of the People's Republic of China

    Article 1063.

    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 1062.

    Joint property of husband and wife] The following property acquired by the husband and wife during the existence of the 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) 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.

  5. Anonymous users2024-02-09

    Legal analysis: If the real estate purchased by the husband and wife during the marriage has not been expressly agreed by the two parties, and only the name of one of the people is written on the real estate certificate, it shall be recognized as the joint property of the husband and wife. If one of the parties agrees to donate the real estate owned by one party to the other party or jointly share the personal real estate of one party before marriage or during the existence of the marital relationship, the donor may revoke the gift before the registration of the change of the donated real estate, but if the name of the real estate certificate has been changed and registered, it belongs to the joint ownership of the husband and wife.

    [Legal basis].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) Article 32: Where before marriage or during the existence of a marital relationship, the parties agree to donate or co-own the real estate owned by one party, and the donor party revokes the gift before the change of registration 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.

    Article 27: Where a house rented by one party before marriage and purchased with joint property after marriage is registered in the name of one party, it shall be deemed to be the joint property of the husband and wife.

    Article 1065 of the Civil Code of the People's Republic of China Article 1065 The parties 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 paid off.

    Article 658:The donor may revoke the gift before the transfer of the right to the donated property.

    The provisions of the preceding paragraph do not apply to notarized gift contracts or gift contracts that have the nature of public interest or moral obligations such as disaster relief, poverty alleviation, or assistance to the disabled, which must not be revoked in accordance with law.

    Article 209 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

    I found that there are still people who have a wrong view, thinking that as long as one party misses the property reputation before the wedding, it is useless to add the other party's name.

    Let me make it clear to you that the addition of a name is joint property.

    But there is one thing that needs to be reminded that if you add your name during the relationship, and then you don't get married, and you break up and return the money, the other party can ask for a return.

    Gifts of large amounts of property like this are usually made for the purpose of marriage, and if the marriage is not successful, it can be returned by request.

  7. Anonymous users2024-02-07

    Yes, because the ownership of the house is subject to the registration of the title certificate.

    Article 14 of the Property Law of the People's Republic of China stipulates that if the creation, alteration, transfer and extinction of immovable property rights shall be registered in accordance with the provisions of the law, they shall take effect when they are recorded in the register of immovable property.

  8. Anonymous users2024-02-06

    Hello, the name on the real estate certificate belongs to the common property, if the husband and wife are married to buy the property, whether the name is added or not, it belongs to the common property; If the imitation fruit of the pants date is a house purchased by one party before marriage, and the mortgage payment is made after marriage, and the name of one party is added to the real estate certificate after marriage, it is also joint property. According to 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 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.

    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 is 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) Inheriting Hu Xian or donated property, except as provided for in item 3 of article 1063 of this Law; 5) Other property that shall be jointly owned.

Related questions
7 answers2024-07-29

1. Premarital property notarization is an incentive measure to prevent disputes in the future, but whether it is notarized or not does not affect the original condition of the property. >>>More

6 answers2024-07-29

You don't have to think so much, you don't need a notarization, add a co-owner or something, no matter when the real estate certificate is done, whose name is written on the contract, this house is your common property, first of all, the two of you have a joint down payment, and secondly, you will have to repay the loan together in the future, this is a clear common property. However, care should be taken to keep evidence of the pre-marital portion of the joint payment. >>>More

11 answers2024-07-29

If you buy a house after getting married, if only one person's name is registered on the real estate certificate, does it belong to the joint property of the husband and wife?

13 answers2024-07-29

Is the property gifted by the parents part of the marital property?

7 answers2024-07-29

What is bought before marriage is not joint property, but what is bought after marriage is considered joint property.