Is there any legal requirement to write the names of the husband and wife on the title deed?

1. If you buy a house after marriage, it is joint property, and it is joint property with or without a name.

2. If one party buys a house before marriage, the house belongs to the pre-marital property, and after adding the name of the other party, the house belongs to the joint property.

Pre-marital property refers to property acquired by one of the spouses before the marriage. The pre-marital property of one of the spouses, whether movable or immovable, tangible or intangible, is protected by law as long as it is lawfully acquired.

Can the names of both husband and wife be written on the real estate deed Hello! OK. Article 13 of the "Housing Registration Measures" The co-owners shall jointly apply for registration of a co-owned house. The registration of a change in ownership of a co-owned house can be made by the relevant one.

Feel sorry for your wife.

Legal analysis: The law does not stipulate that the names of both husband and wife must be written on the real estate certificate. If it is purchased in full, the title deed can be written in the names of both parties; If it is purchased with a loan, generally only the name of the lender can be written, which does not affect the determination that the house is the joint property of the husband and wife.

Under normal circumstances, the title deed is only in the name of one person. The names of both spouses should be written here, depending on whether it is pre-marital property. If both parties contribute jointly but do not receive a marriage certificate, they can ask to negotiate their names, but if they are divorced, the ownership of the house belongs to both spouses, regardless of whose name is on the title deed.

Legal basis: Article 1065 of the Civil Code of the People's Republic of China A man and a woman may agree that property acquired during the marriage relationship and property before 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.

Legal analysis: The law does not stipulate that the names of both husband and wife must be written in the purchase and sale, if it is purchased in full, the real estate certificate can write the names of both parties, if the loan is purchased, generally only the name of the lender can be written, but it does not affect the determination that the house is the joint property of the husband and wife. Under normal circumstances, the title deed only needs one person.

The names of both spouses should be written here, depending on whether it is pre-marital property.

Legal basis: Article 1066 of the Civil Code of the People's Republic of China: During the existence of a marital relationship, in any of the following circumstances, one of the husband and wife may request the people's court to divide the joint property: (1) one party has acts that seriously harm the interests of the joint property of the husband and wife, such as concealing, transferring, selling, destroying, or squandering the joint property of the husband and wife, or forging the joint debts of the husband and wife; (2) A person with a legal obligation to support one party suffers from a serious illness and needs medical treatment, and the other party does not agree to pay the relevant medical expenses.

Legal analysis: In practice, it is not necessary to be married to add a name to the real estate certificate, and the co-property owner, parents and others can also add their names to the real estate certificate.

How to add a name to the title deed:

1. If it is a loan to buy a house, it can only be handled in accordance with the principle of who takes the loan and who signs, so as to ensure that the signatures on the purchase contract, loan contract and real estate certificate are unified, and the reason is to avoid the loan risk of the bank. If you want the property to be owned by two people, you can apply for a co-ownership certificate, which means that the name of one person must still be on the property deed, and the attached co-ownership certificate can legally mark the joint ownership of the property.

2. Co-ownership means that the name of one person is still on the real estate certificate, but there is the name of the co-owner in the co-owner column, and the property right of the property is a common property right, and the respective share can be notarized at the notary office.

3. There is no need to apply for two documents, if the property is jointly owned by two people, you can apply for joint ownership of property rights when applying for the real estate certificate, that is, to apply for the name of the co-owner in the co-owner column of the real estate certificate. The title deed must still be in the name of one person, and the attached co-ownership can legally mark the joint ownership of the property.

Legal basis: Article 217 of the Civil Code of the People's Republic of China 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.

It is not necessary to have the names of both husband and wife written on the title deed.

The details are as follows:

1. Under normal circumstances, the property right certificate only needs to write one person, and the names of both husband and wife should be written here to see whether there is a pre-marital property donated by one party to the other party, and both parties jointly funded the purchase before marriage;

2. If you have not received a marriage certificate, you can write one person's name as the property, or you can ask to write the names of both parties, but only one person's name can be written as the property owner, and the other person is the co-owner;

3. If both parties are married, no matter whose name is on the property certificate, the ownership of the house belongs to both husband and wife, and the distinction of property before and after marriage is subject to the date of issuance of the marriage certificate.

If the house is joint property, it is described below:

1. If the house purchased during the marriage of the husband and wife has no express agreement, only the name of one of the people shall be written on the real estate certificate, and it shall be recognized as the joint property of the husband and wife

2. If the immovable property purchased by the parents of both parties is registered in the name of one of the children, the immovable property may be deemed to be jointly owned by both parties according to the share of their respective parents' contributions, unless otherwise agreed by the parties.

To sum up, there is no law that stipulates that the names of both husband and wife must be written in the real estate certificate, and it is up to the parties to decide whether to write the names of both husband and wife. However, if the property is purchased after marriage, it will generally be recognized as the joint property of the husband and wife if the names of both husband and wife are not written.

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 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.

The following property is the personal property of one of the spouses:

a) 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.

The law does not stipulate that the names of both husband and wife must be written in the purchase and sale, if it is purchased in full, the real estate certificate can write the names of both parties, and if it is purchased with a loan, it can generally only write the name of the lender, but it does not affect the determination that the house is the joint property of the husband and wife. Under normal circumstances, the title deed only needs one person. The names of both spouses should be written here, depending on whether it is pre-marital property.

1. Is buying a house after marriage a joint property of the husband and wife?

Whether or not buying a house after marriage is joint property depends on the circumstances. If there is no express agreement between the husband and wife to purchase a house during the marriage, even if only the name of one of the persons is written on the real estate deed, it shall be recognized as the joint property of the husband and wife;If the immovable property is purchased for the children by one of the parents after marriage, and the property rights are registered in the name of the children of the contributors, the real estate shall be recognized as the personal property of one of the spouses. In other cases, where the names of both husband and wife are registered, it is generally found to be joint property.

2. How to name the property before marriage.

If one party buys a house in full before marriage, the real estate certificate must be signed in the name of the party who contributed to it; If both husband and wife have contributed capital, the names of both parties shall be signed; If one of the parents paid for the purchase in full, the house certificate should be signed with the name of one of the children or parents; If both parents have contributions, the names of both spouses can be signed.

3. Can one of the husband and wife apply for a real estate certificate before marriage and after marriage?

OK. The process of applying for a real estate certificate after marriage is basically the same as that of ordinary situations. On the real estate title certificate, it is possible to write only one person's name, so that in the event of a divorce, the other party has no right to claim the division of this part of the property.

Alternatively, you can write the names of both spouses, so that in the event of a divorce, the other party can ask for the division of the mortgaged property. If there is an agreement between the husband and wife, it shall be determined whether it is the joint property of the husband and wife according to the content of the agreement, and if there is no agreement, if it is purchased by one of the husband and wife, it is not joint property.

Article 1066 of the Civil Code of the People's Republic of China: In any of the following circumstances during the existence of a marital relationship, one of the husband and wife may request the people's court to divide the joint property: (1) one party has acts that seriously harm the interests of the joint property of the husband and wife, such as concealing, transferring, selling, destroying, or squandering the joint property of the husband and wife, or forging the joint debts of the husband and wife; (2) A person with a legal obligation to support one party suffers from a serious illness and needs medical treatment, and the other party does not agree to pay the relevant medical expenses.