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It depends on whether you buy a house now with a lump sum payment or a mortgage loan, and if it is a one-time payment, whether it is in your name or in the names of you and your mother, it will be your personal property before marriage.
If you are going to repay the loan after marriage, then the down payment before the marriage is part of it is for you and your mom, and half of the mortgage part is for your mom (assuming you and your mom share a house and 50% each) and the other half is for the couple.
If you think that this is very troublesome, the simplest thing is for you and your wife to make a written agreement on the ownership of the property, it is very simple, but there are many people who think that this method is too direct and easy to cause emotional harm, so I hope you can deal with this matter carefully and satisfactorily.
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Z supports the views of the first two landlords.
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Marital property refers to all kinds of property acquired by either spouse during the existence of the marital relationship. Marital property is not exactly the same as marital property.
The following property acquired by the husband and wife during the marriage relationship shall be the joint property of the husband and wife:
1) Salary, suspected bonus, labor remuneration;
2) Income from production, operation and investment;
3) income from intellectual property rights;
4) Inherited or donated property, except for property that is determined to belong to only one party in a will or gift contract;
5) the income obtained by one party from the investment of personal property;
6) Housing subsidies and housing provident funds actually obtained or should be obtained by both men and women;
7) The basic pension and bankruptcy resettlement compensation actually obtained or should be obtained by both men and women.
The following property acquired by the husband and wife during the marriage relationship shall be the personal property of one of the spouses:
1) Compensation or compensation received by one party for personal injury;
2) Property that is determined to belong to only one party in a will or gift contract;
3) Daily necessities for one party;
4) Other property that should belong to one party. Legal basis: Article 1062 of the Civil Code states that 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.
Husband and wife have equal rights to dispose of joint property.
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Legal Analysis: Post-marital property refers to all kinds of property acquired by any hail party of the husband and wife during the existence of the marital relationship. Matrimonial property is not exactly the same as marital property.
If one of the parents buys a house for his or her child, it is the child's personal property and not 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 husband and wife during the existence of the marital relationship is the joint property of the husband and wife and shall be jointly owned by the husband and wife
1) Labor and resource state years, bonuses, and labor remuneration;
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.
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During the existence of the marital relationship, the various types of property acquired by either spouse are considered post-marital property. It includes the salary, bonus income and various welfare policy income of one or both parties during the existence of the husband and wife relationship, the income from the intellectual property rights owned by one or both husband and wife, the pension insurance money actually obtained or should be obtained by both parties, and the bankruptcy settlement compensation fee. Vertical Congratulations.
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 high limbs shall be jointly owned property.
Husband and wife have equal rights to dispose of joint property.
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 husband and wife:
1) the pre-marital property of one of the parties;
2) 1) Compensation or compensation received by the Yu Nian faction 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.
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Article 17 of the Marriage Law of the People's Republic of China The following property acquired by husband and wife during the existence of the marital relationship shall be jointly owned by the 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 chain award, 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 in the will to belong only to the husband or the wife of the high-ranking wife;
4) Daily necessities for the exclusive use of one side;
5) Other property that shall belong to one side.
Article 19: Husband and wife may agree that property acquired during the existence of the marital 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 unclear, the provisions of articles 17 and 18 of this Law apply.
It should be noted that the personal property before marriage is not converted into joint property of the husband and wife after marriage, that is, the personal nature of the property does not change due to the change of marital relationship. After marriage, the husband and wife may be recognized as the joint property of the husband and wife through investment and financial management or the purchase of real estate equity, and the separation of property may be carried out reasonably and legally.
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Marital property is joint property, which belongs to both husband and wife, and can be divided equally in the event of a divorce.
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For example, after marriage, the two people have joint savings, cars, houses, **, **, and other valuable items.
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It belongs to the joint property of the husband and wife, and all the debts and debts after marriage need to be borne jointly by the husband and wife.
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After the marriage is established, the marital property is the joint property of the husband and wife.
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Joint property of the spouses.
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Marital property refers to all kinds of property acquired by either spouse during the existence of the marital relationship, but it should be noted that the property after marriage is not completely equal to the joint property of the husband and wife. The following property acquired after marriage belongs to the joint property of the husband and wife: 1. Salary and bonus; 2. Income from production and operation; 3) income from intellectual property rights; 4. Property obtained by inheritance or donation, except for those expressly donated to individuals.
Nambi. Boy's quarrelLegal basis
Article 1062 of the Civil Code stipulates that 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) 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.
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Marital property is property acquired by one or both spouses in accordance with the law after the marriage is registered. In addition, post-marital property is generally recognized as the joint property of the husband and wife, except for compensation or compensation received by one party for personal injury, special daily necessities, testamentary or gift contracts that are determined to belong only to one party. The spouses may agree that the property acquired during the marriage shall be owned separately or jointly, or partly separately and partly jointly.
The income generated by the personal property of one of the spouses after marriage belongs to the joint property of the husband and wife, except for the fruits and self-recognition of appreciation.
Legal basisArticle 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 Paragraph 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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Legal Analysis: Post-marital assets include: (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) the income obtained by one party from the investment of personal property; (6) Housing subsidies and housing provident funds that both men and women have actually obtained or should have obtained; (7) The basic pension and bankruptcy resettlement compensation that both men and women have actually obtained or should have obtained.
8) The income generated by the personal property of one of the spouses after marriage, except for the fruits and natural appreciation.
Legal basis: 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. Husband and wife have equal rights to dispose of joint property. Article 1063 of the Civil Code of the People's Republic of China stipulates:
The listed property is the personal property of one of the spouses: (1) the pre-marital property of one of the spouses; (2) Compensation or compensation received by one party for personal injury; (3) Property that is determined to belong only to one party in the will of the bequest or in the gift contract; 4) Daily necessities for the exclusive use of one side; 5) Other property that shall belong to one side. Article 25 of the Interpretation (1) of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family stipulates that the state of distress is:
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. Article 26 of the Interpretation of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family (1) stipulates that the age of the dead shall be determined
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