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If it is a joint property, even if the name is not on the property deed, it can be divided in the divorce. Excepts are the following:
1. After marriage, the parents of both parties contribute capital, and the property rights are registered in the name of one person.
According to the provisions of the judicial interpretation of the Marriage Law, if the parents of both parties sponsor their children to buy a house after marriage, and the property right is registered in the name of one person, the real estate shall be deemed to be owned by both parties in accordance with the share of their parents' capital contributions. If the parties agree otherwise, it shall be handled in accordance with the agreement.
2. After marriage, the parents of both parties contribute capital, and the property rights are registered in the names of both parties.
After marriage, if the parents sponsor their children to buy a house, and it is registered in the names of both parties, it shall be recognized as the joint property of the husband and wife, and if there is an agreement, it shall be in accordance with the agreement.
3. After marriage, one of the parents contributes in full, and the property rights are registered in the name of their children.
According to the provisions of the judicial interpretation of the Marriage Law of the People's Republic of China, if one of the parents sponsors their children to buy a house after marriage, and the property right is registered in the name of the investor's child, it is regarded as a gift only to their own children, and the real estate is recognized as the personal property of the funder's children, and the other party has no right to request the division of the real estate.
4. After marriage, one of the parents contributes capital, and the property right is registered in the name of the other party.
If one of the parents of the marriage sponsors the purchase of a house for their children, and the property is registered in the name of the other party, it is generally considered to be a gift to both parties. Unless the parent's contribution is made in writing or stated in writing that it is only for the child's own child.
5. After marriage, one of the parents makes a down payment, and the property right is registered in the name of their children, and the husband and wife jointly repay the loan.
In this case, the down payment can be recognized as a gift only to the children of the contributor, and the property is the joint property of the husband and wife at the time of divorce, and the part of the down payment should be recognized as the personal property of the contributing children.
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According to the latest regulations, if the parties buy a house after marriage, even if only the name of one of the spouses is registered on the title deed, the house is still the joint property of the husband and wife. Therefore, if you buy a house during a legal marriage, even if your name is not on the title deed, the house should be divided as joint property in the event of divorce. There is, of course, an exception, that if the house is purchased by one of the parents of the spouses and registered in the name of the child, the property shall belong to the individual child and the other spouse will not be able to share the property.
In addition, it should be noted that even if only one of the spouses registers the name of the house purchased by the husband and wife after marriage, the house must be agreed by both husband and wife when the house changes hands before the normal procedures can be completed.
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1. It depends on whether the property is obtained within marriage, if it is obtained during marriage, and the purchase fund is in the couple's own funds (not contributed by one of the parents), then regardless of whether only one person's name is registered, it is the joint property of the husband and wife, and it needs to be distributed in the event of divorce.
2. If it is funded by one of the parents, or the property purchased by one party before marriage. It is the personal property of one of the persons and is considered joint property unless there is a portion of the loan repayment during the marriage.
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Property purchased during the marriage is divided equally.
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It depends on the specific situation, and it is generally less than half. 1.If the property rights are registered in the name of the funder's child, the real estate purchased by one of the parents for the child after marriage shall be regarded as a gift only to one of the children, and the real estate shall be recognized as the personal property of the party serving in the service.
Therefore, Xiangyuan, in the case of this blind banquet and annihilation, the Mochong real estate obtained belongs to the personal property of one of the husband and wife, and is not included in the division of joint property. 2.After marriage, if the parents of both parties contribute to the purchase of the house, and the property rights are registered in the name of one party, the real estate can be determined to be jointly owned by both parties according to the share of their respective parents' contributions, and if the parties have agreed, it shall be handled in accordance with the agreement.
In this case, the share of the property held by oneself can also be regarded as personal property, and the property will not be divided after marriage.
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If you have your name on the title deed, you can get a share of the house. China implements a unified registration system for immovable property, and the acquisition and change of house ownership is subject to the registration of house property rights. A property with only one name on the real estate certificate is generally owned by an individual, and a property with multiple names on the real estate certificate is generally co-owned, and the co-owners jointly hold the property according to the proportion of property rights recorded on the property ownership certificate.
Article 1065 of the Civil Code of the People's Republic of China provides that a man and a woman 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 and partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is not clear, apply the provisions of articles 1062 and 1063 of this Law.
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.
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Legal Analysis: When suing for divorce, the question of property division 1 depends on whether the property is before or after marriage, and before marriage, it is the personal property of one party before marriage, and the other party has no right to share it.
Legal basis: Civil Code of the People's Republic of China
Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority. The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.
Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in 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 shall be granted.
In any of the following circumstances, if mediation fails, a divorce shall be granted:
1) bigamy or cohabitation with another person;
2) Committing domestic violence or abusing or abandoning family members;
3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;
4) Separated for two years due to emotional discord;
5) Other circumstances that lead to the breakdown of the relationship between husband and wife.
Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.
Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.
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Legal analysis: If there is no name on the real estate certificate, divorce may not be divided, if it is during the marriage, and the husband and wife have not signed a property agreement on the ownership of the property and the ownership of the property is owned by one party, then the name of the property is jointly owned by the husband and wife, and it can be divided.
Legal basis: Article 1062 of the Civil Code of the People's Republic of China The following property acquired by a husband and wife during the existence of a 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) 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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