If there is a co ownership relationship in the house book, does the other party have the ownership o

Updated on society 2024-08-11
7 answers
  1. Anonymous users2024-02-15

    Generally speaking, if the co-ownership relationship is written in the house book is a separate ownership, then the house is owned by the actual owner of the house, so the other party does not have the ownership of the house. However, considering the actual situation, the law also protects the actual rights and interests of both husband and wife, so if the husband and wife buy a house together, then even if one person's name is directly listed on the house book, then the other party also has the corresponding rights and interests of the house, so we can think about the problem from the following aspects. <>

    In fact, it has to be said that if there is indeed only one person in the house, then the co-ownership relationship is also owned separately, then this person is the actual owner of the house. In fact, the other party only has the right to use and live in the house.

    It is not the ownership of the house. <>

    In fact, I have to say that if the house is indeed purchased jointly by the husband and wife, then the other party also has the corresponding rights at this time. Therefore, you can also enjoy the right of residence and other rights and interests of the house, even if the house is owned separately, the sale of the house also requires the consent of two people. <>

    In fact, it has to be said that the party registered in the house book is the actual owner of the property, so the other party does not have the ownership of the house. However, when the two divorce, if there is indeed a real estate dispute, then one party can also defend its rights through legal means.

    Normally, the co-ownership relationship in the house book is a separate ownership, then it is the actual owner of the house. However, considering the specific situation, although the other party does not have the ownership of the house, the law also guarantees its fundamental rights and interests, so it is necessary to analyze it according to the specific situation.

  2. Anonymous users2024-02-14

    No, the other party only has the right to live in this house, and only the relationship is written as joint ownership.

  3. Anonymous users2024-02-13

    Whether a separately owned house is a joint property is divided into the following points:

    1. If the real estate certificate states that it is owned separately, and the house is purchased after marriage, there is no special agreement, it still belongs to the joint property.

    2. If the real estate certificate says that it is owned separately, and the house was purchased in full before marriage, it is personal property.

    3. If the real estate certificate is written as a separate property, and the house is purchased after marriage, and a notarization agreement is made, the loan is repaid by the individual, and it belongs to the personal property.

    Community property, i.e. property owned by the husband and wife during their common life, as recognized by law. The property of both parties that have the right to use the source silver, which can be material, financial, or abstract property; In the distribution of property, the distribution is assessed using the consent measure in accordance with national regulations.

    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.

  4. Anonymous users2024-02-12

    Legal analysis: Although the real estate deed is a person's name, it is written in common ownership, which means that the house is the property built by you and your family, not the property built by you alone, so the house belongs to you and the family limb liquid person in common property. Immovable or movable property may be jointly owned by two or more units or individuals.

    Legal basis: Article 297 of the Civil Code of the People's Republic of China: Immovable or movable property may be jointly owned by two or more organizations or individuals. Co-ownership includes co-ownership and co-ownership of Piye.

  5. Anonymous users2024-02-11

    1. If the real estate acquired during marriage is registered as separately owned by the Real Estate and Housing Bureau, whether it is the joint property of the husband and wife, and if one of the following circumstances is met, it can be recognized as the joint property of the husband and wife in accordance with the law:

    a. The real estate rented by one party before marriage and purchased with the joint property of the husband and wife after the marriage shall be registered in the name of one party and shall belong to the joint property of the husband and wife.

    b. The real estate purchased by the parents of both parties is registered in the name of one of the parties, and can be deemed to be jointly owned according to the share of the capital contribution of both parents.

    c. If one party in the marriage obtains an inheritance or donated real estate and other property that is not exclusive to him/herself, if he uses illegal means at the time of registration and conceals the true situation from the other party, and the registration is in his sole possession, the other party may file a registration objection with the local real estate and housing bureau, and file a lawsuit within 15 days after filing the registration objection, and if the lawsuit is not filed within 15 days, the objection shall become invalid. If it is determined through legal procedures that the separately owned house acquired by the other party was indeed acquired by illegal means during registration, the people's court will, in accordance with the law, change the house to joint ownership in accordance with the other party's application.

    2. A house rented by one party before marriage and purchased with the joint property of the husband and wife after marriage shall be recognized as the joint property of the husband and wife if it is registered in the name of one party.

    3. The real estate purchased by the parents of one of the parties shall be registered in the name of the children of the one of the contributors, and shall be deemed to be a gift from the contributor to his or her children in accordance with the provisions of the Civil Code, and the immovable property shall belong to the personal property of one of the spouses.

    Immovable property purchased with the capital of both parents shall be registered in the name of one of the parties and may be jointly owned according to the share of the capital contributed by both parents, unless otherwise agreed by the person in question.

    4. The following property acquired during the existence of the marital relationship shall be the joint property of the husband and wife:

    a. Salary, and bonuses.

    b. Production and operating income.

    c. Intellectual property income.

    d. Property acquired in a will or gift contract, except in the circumstances provided for in paragraph 3 of Article 18 of this Law.

    e. Other circumstances that should be recognized as the joint property of the husband and wife.

    Husbands and wives have equal rights to dispose of joint property.

    5. If the right holder or interested party believes that the items recorded in the immovable property register are wrong, he may apply for correction of the registration. Where the right holder recorded in the immovable property register agrees in writing to make the correction or there is evidence to prove that the registration is indeed in error, the registration authority shall make the correction.

    If the right holder recorded in the immovable property register does not agree to the correction, the interested party may apply for registration of objection. If the registration authority registers the objection, the applicant does not file a lawsuit within 15 days from the date of registration of the objection, and the objection registration becomes invalid. If the opposition is improperly registered and causes damage to the right holder, the right holder may claim damages from the applicant.

  6. Anonymous users2024-02-10

    A house owned separately is not joint property. According to Article 1063 of the Civil Code, the following 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 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. Therefore, a house owned separately is not joint property.

    Whether the real estate certificate states that the husband is alone or not is the joint property of the husband and wife depends on whether the house was bought before or after marriage, and the property bought before marriage is the personal property of one party before marriage, and the other party has no right to share. If it is bought by one party before the marriage, but the name of the other party is added before or after the marriage, it is the joint property of both parties. If the house is bought after marriage, if there is no special agreement between the parties about the property, even if there is only one person's name.

    It is also the joint property of your husband and wife, and should be divided equally. However, whether Li changed the loan before marriage or bought it after marriage, if the loan is repaid together, the part of the loan and the part of the appreciation jointly repaid after marriage should be divided equally. Legal basis: Article 1063 of the Civil Code of the People's Republic of China; 【Personal property of husband and wife】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 to belong to only one party in a will or gift; 4) Daily necessities for the exclusive use of one side; 5) Other property that shall belong to one side.

  7. Anonymous users2024-02-09

    A house that is owned separately does not necessarily belong to the marital community. If the house was purchased before the marriage and the full price of the house was paid, it is personal property if only the name of the person who bought the house appears on the title deed. If the purchase is made after marriage, the price of the house is paid jointly by both the man and the woman, and it is the joint property of the husband and wife.

    Debts incurred by both husband and wife in the joint signature of the husband and wife or by one of the husband and wife after the fact, as well as debts incurred by one of the husband and wife in their own name for the daily needs of the family during the existence of the marital relationship, are joint debts of the husband and wife.

    Civil Code of the People's Republic of China

    Article 1062.

    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 anti-combustion property that shall be jointly owned.

    Husband and wife have equal rights to dispose of joint property.

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