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Can I add another party's name to the premarital property certificate

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Can I add another party's name to the premarital property certificate


        

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  • 2024-06-26 10:00:59

    With the consent of the property owner, the name of the other party can be added after marriage.
    The specific explanation is as follows: according to the property law, the establishment, change, transfer and elimination of the real right of movable property shall become effective after being registered according to law; Without registration, it shall not take effect, except as otherwise provided by law.
    First of all, it is clear that buying a house is a premarital act, so the house property is personal property, and the part of joint repayment after marriage is common property. So in this case, adding a name to the spouse really requires the deed tax.
    As the property right certificate of premarital property plus the spouse's name is the property owned by the individual before marriage, part of the property right share is transferred to the spouse, and the deed tax, transaction handling fee, contract stamp tax, stamp tax (certificate), and housing registration fee are charged according to the transfer registration (gift).
    As for the charging standard, the requirements of the housing management department in each place are different.
    Next, add a name program. If you can add your name after paying off the loan, you can go through the normal procedures of adding your name and transferring your ownership directly to the local housing management office, and bring your personal ID card, property right certificate and marriage certificate.
    If you do not plan to make repayment in the short term, you should first issue a certificate to the lending bank, indicating that the bank agrees to add your spouse as the co owner of property rights, and then apply to the housing management office for name addition.
    If the property is added to the other party's name before marriage, the property will become common property. If divorce occurs, he has the right to divide it.
    Article 19 of the Marriage Law stipulates that the husband and wife can agree that the property acquired during the marriage relationship and the premarital property shall belong to their own ownership, joint ownership or part of their own ownership or part of their joint ownership. The agreement shall be in writing. In the absence of an agreement or unclear agreement, the provisions of Articles 17 and 18 of this Law shall apply.
    The agreement between husband and wife on the property acquired during the period of marriage and the property before marriage shall be binding on both parties.
    If the husband and wife agree that the property acquired during the marriage relationship shall belong to each other, and the debts of the husband or wife to the outside world are known to the third party, the property owned by the husband or wife shall be used to pay off.

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