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Whether the property purchased after marriage with only one party's name is recognized as the joint property of husband and wife

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Whether the property purchased after marriage with only one party's name is recognized as the joint property of husband and wife


        

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  • 2024-06-05 23:00:48

    If only one party's name is written when buying a house after marriage, the house property is generally recognized as the joint property of the husband and wife as long as there is no special agreement between the two parties. If there is a special agreement between the husband and the wife, whether the house property belongs to the joint property of the husband and the wife shall be determined according to the agreement.
    However, if the following circumstances exist, only one party's name will be written to identify the property as the personal property of one party:
    1、 After marriage, one of the parents contributed all the money to buy the house, or one of the parents paid the down payment, and the house property registration party used its own personal property to repay the loan.
    2、 After marriage, one party uses the full amount of personal property to buy a house, or one party uses personal property to pay the down payment, and then uses personal property to repay the loan.
    [Legal Basis]

    Article 1062 of the Civil Code states that the following property acquired by the husband and wife during the duration of their marriage shall be the joint property of the husband and wife and shall be jointly owned by them:

    (1) Wages, bonuses and labor remuneration;

    (2) Income from production, operation and investment;
    (3) Income from intellectual property;
    (4) Inherited or donated property, with the exception of the third item of Article 1063 of this Law;
    (5) Other properties that should be jointly owned.
    Husband and wife have equal rights to dispose of their common property.

    p***

    2024-06-05 23:00:48

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