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How to calculate the property of buying a house before marriage and adding a name after marriage

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How to calculate the property of buying a house before marriage and adding a name after marriage


        

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  • 2024-06-27 02:01:42

    According to the provisions of the Property Law, the establishment, change, transfer and extinction of the real estate property right shall become effective after being registered according to law; The real estate ownership certificate is the proof that the obligee enjoys the real right of the real estate. The act of adding names to the registration of house property rights after marriage by both parties is regarded as the act of one party voluntarily donating the house property rights, which has had the legal effect of changing the house property rights. However, Article 17 of the Marriage Law of the People's Republic of China stipulates that the following property obtained by a couple during the duration of their marriage relationship belongs to their common property:
    (1) Salary and bonus;
    (2) Income from production and operation;
    (3) Income from intellectual property;
    (4) Property derived from inheritance or donation, except as provided for in Item 3 of Article 18 of this Law;
    (5) Other properties that should be jointly owned. Husband and wife have equal rights to dispose of jointly owned property. Therefore, the act of buying a house before marriage and adding a name after marriage is a gift from one party to the other, and the house that has been registered for change will belong to both men and women.
    Legal basis:
    Article 17 of the Marriage Law of the People's Republic of China
    The following property acquired by husband and wife during the period of marriage shall be jointly owned by the husband and wife:
    (1) Salary and bonus;
    (2) Income from production and operation;
    (3) Income from intellectual property;
    (4) Property derived from inheritance or donation, except as provided for in Item 3 of Article 18 of this Law;
    (5) Other properties that should be jointly owned. Husband and wife have equal rights to dispose of jointly owned property.
    Article 18 Under any of the following circumstances, it shall be the property of the husband and wife:
    (1) Premarital property of one party;
    (2) Medical expenses, living allowance for the disabled and other expenses received by one party due to physical injury;
    (3) The property determined in the will or gift contract to belong to the husband or wife only;
    (4) Daily necessities for one party;
    (5) Other properties that should belong to one party.

    Owl***

    2024-06-27 02:01:42

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