The marriage law is a bit incomprehensible, and there are questions about what is not understood in

Whistleblowing According to the Supreme People's Court's Interpretation (1) on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China

Before the promulgation and implementation of the Regulations on the Administration of Marriage Registration of the Ministry of Civil Affairs on February 1, 1994, where both the man and the woman had met the substantive requirements for marriage, it was to be handled as a de facto marriage;

2) After the promulgation and implementation of the Ministry of Civil Affairs' "Regulations on the Administration of Marriage Registration" on February 1, 1994, where both the man and the woman meet the substantive requirements for marriage, the people's court shall inform them to make up the marriage registration before accepting the case; If the marriage registration is not completed, it shall be handled as the dissolution of the cohabitation relationship.

A de facto marriage is a legal marriage if the two were married before February 1, 94.

If the marriage between the two parties takes place after February 1, 94, it is a common-law relationship, and the marriage between the two is null and void.

Since 94, de facto marriages have been no longer recognized. A de facto marriage has no legal effect.

The upstairs is very good.

If it is a de facto marriage first, it will definitely not work to register the marriage again. The latter is a de facto marriage first, and a de facto marriage is not recognized, to be clear, it is an extramarital affair.

Marriage is subject to the marriage certificate, oneself has a marriage certificate and then gets a marriage certificate with others is bigamy, and oneself with a marriage certificate and others can only be regarded as an extramarital affair. Ha ha.

After 1994, de facto marriages were abolished in the Marriage Act, and such relationships became illegal cohabitation. However, de facto marriages are still recognized in criminal law. The type of bigamy constitutes a registered marriage followed by a de facto marriage or a registered marriage.

Neither a de facto marriage followed by a registered marriage nor a de facto marriage is bigamy.

The former was a registered marriage, and the latter was a de facto marriage (i.e. the parties cohabited in the name of husband and wife), and because the previous legal marriage relationship was destroyed, it was also punished as the crime of bigamy.

However, if the former is a de facto marriage, the latter is a legal marriage, or both are de facto marriages, it does not constitute the crime of bigamy, because there is no object of the crime of bigamy at this time, that is, the previous is not a damaged legal marriage relationship (except if the previous de facto marriage was formed before February 1, 1994).

The key to understanding is the name on the title deed and the down payment. Regardless of before or after marriage, although the legal facts are different, the result is the same. (In the case of the woman, the situation is the same for the man).

1. If the woman's name is not written on the real estate certificate, and the down payment is paid by the man or a relative on the man's side, it will belong to the man.

2. If the woman's name is not written in the real estate certificate, but the down payment is made by both parties, then it is shared by share (that is, enjoyed proportionally).

3. If the woman's name is on the real estate certificate, no matter who the down payment is or how it is issued, it is the joint property of the husband and wife.

4. The joint property of the husband and wife shall be divided according to the marriage agreement, otherwise it shall be divided equally. Fine-tuning is carried out with due consideration of the living needs of both parties, the fault of the divorce, and the ownership of the children.

Since it is now customary in Chinese society that the man buys a house (down payment), the woman decorates (repays the loan together), buys daily necessities, and raises children and takes care of the housework, the marriage law is considered to be a non-monetary imperative.

Because the Chinese people think that the couple is married, then the two people who use it together are two, and if they divorce, they will be divided in half, which is customary. However, this judicial interpretation stipulates that the woman feels very unfair. Hence the great indignation.

Of course, you can also say that when you get married, the names of the two people are not written on the real estate certificate, but you don't want to hurt your feelings when you get married, especially when you think that the family still talks about money and houses, it hurts feelings, so you will feel very embarrassed when you talk about it on the table now.

Therefore, this judicial interpretation can only proceed from the actual judgment of the judge, isn't it difficult for you to divide the room? Simply write whose name is counted (to protect the interests of investors), so as not to fight, if you are afraid of loss, then buy a house and add your own name.

The first question: if the title deed has only one person's name, if you want to prove that you have contributed capital, then you can ask the man to produce a certificate with his signature. If there is no evidence, then it is clear that the divorce will be very disadvantageous to the woman.

The second question, I don't think you made it clear, first of all, if the gift occurred before the marriage, then it belongs to the personal property before the marriage and has nothing to do with the other party. If it happens after marriage, you can write a unilateral gift contract, and the woman will sign it more effectively, and if you don't sign it, it will not affect the validity of the contract, of course, the gift contract can be revoked, unless the transfer is registered.

Article 18 reads: "(3) Property that is determined in the will or gift contract to belong to only one of the husband or wife; "In general judicial practice, it is true that only one of the husband or wife is awarded.

This is the provisions of the Notice of the Ministry of Finance and the State Administration of Taxation on the Policy of Changing the Ownership of Housing and Land from Ownership by One Husband and Wife to the Deed Tax Policy of Husband and Wife, and is made in response to the Supreme People's Court's Interpretation (3) on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China. "During the existence of the marital relationship, if the ownership of the house or land was originally owned by one of the husband and wife, and is changed to be jointly owned by the husband and wife, the deed tax shall be exempted" means that if the real estate purchased after marriage (subject to marriage registration) was originally registered in the name of one party, it is now required to be changed to be jointly owned by both husband and wife, and the deed tax shall be exempted, that is, no tax shall be collected. The personal pre-marital property is not within this scope, and the addition of the name is regarded as a gift and is subject to tax

Therefore, if you only have your own name on the real estate certificate before marriage, as long as you do not add the name of your wife, the property will still be your personal property after marriage and will never become the joint property of the husband and wife.

If there is only one name on the real estate certificate before marriage, and the other party's name is not added, the property will not automatically become jointly owned by both parties after marriage.

The degree of addition must be handled to be shared by both parties!

Whose name is on the real estate certificate, whose house is it, if the relationship is good, you can add the name of the other party, so that it is the joint property of the husband and wife, hey, the current marriage is really like a son on fire, you have to think about divorce if you don't get married, and it's so thin that there is only a piece of paper left.

The Marriage Act provides:

Article 31: Where both men and women divorce voluntarily, divorce is granted. Both parties must apply for divorce at the marriage registration office. A divorce certificate is issued when the marriage registration authority ascertains that the parties are indeed willing and that the issues of children and property have been properly addressed.

Article 32: Where a man and a woman request a divorce, the relevant departments may conduct mediation or directly file a divorce lawsuit with the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce should be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation of a person with a spouse;

2) Committing domestic violence or abusing or abandoning family members;

3) Those who have bad habits such as gambling and drug abuse that they do not change;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

If one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.