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Does buying a house soon after marriage belong to common property

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Is it common property to buy a house soon after marriage


        

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  • 2024-06-21 14:00:59

    (1) A house bought by one party before marriage. According to the provisions of the Marriage Law, the premarital property of one party is the personal property of the other party. Before marriage, the house that one party has purchased, paid off and owned clearly belongs to one party's premarital property, personal property, not joint property of husband and wife. However, if one party buys a house at his own expense before marriage, but registers the property right in the name of both parties for some reasons, it is regarded as a gift to the other party. In this case, the house belongs to the joint property of the husband and wife.
    (2) A house purchased by one or both parents. If the property right of the house purchased by one parent for the child is registered in the name of the child of the contributor, it shall be deemed as a gift to the child only, and the house shall be recognized as the personal property of the husband and wife. However, if the property right is registered in the name of both husband and wife, it will be regarded as a gift to both husband and wife, and the house should be recognized as the joint property of husband and wife. Secondly, if the property right of the house purchased by the parents of both parties is registered in the name of one party's children, the house can be recognized as the joint property of both parties according to their parents' share of capital contribution. In reality, many parents buy a house for their children and use up their life savings. This provision also protects the property of both parties and their parents in marriage.
    (3) If one party signs a house purchase contract before marriage and pays the down payment with personal property, if he or she uses the joint property of the husband and wife to repay the loan after marriage, and the house is registered under the name of the down payment house, he or she can deal with it by agreement first. If the agreement fails, the court generally determines that the house belongs to the party whose property rights are registered, and the amount of money paid by both parties can be compensated by one party to the other party.
    In view of these problems, the court has mainly relied on two legal provisions in its actual judgment.
    First, Article 7 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (III) (hereinafter referred to as Article 7 of the Judicial Interpretation of the Marriage Law (III)): after marriage, the real estate purchased by one parent for their children with the property right registered in the name of the children of the contributor may be subject to the provisions of Article 18 (III) of the Marriage Law, It shall be deemed as a gift only to one of their children, and the real estate shall be deemed as the personal property of one of the husband and wife, which is purchased by the parents of both parties. If the property right is registered in the name of one of the children, the real estate can be deemed to be jointly owned by both parties according to their parents' share of capital contribution, unless otherwise agreed by the parties.
    The second is Article 22 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (II) (hereinafter referred to as Article 22 of the Judicial Interpretation of the Marriage Law (II)): Before the parties get married, if their parents make capital contributions for the purchase of houses for both parties, such capital contributions shall be deemed as personal gifts to their children, except for those whose parents explicitly express the donation to both parties after the parties get married, If parents contribute to the purchase of a house for both parties, the contribution shall be recognized as a gift to both the husband and the wife, unless parents explicitly express that they are donating to one party.
    Article 17 The following property acquired by a husband and wife during the period of their 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 gift, except as provided 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 39 [Divorce of husband and wife's common property When divorce is handled, the people's court shall make a judgment according to the specific situation of the property and the principle of taking care of the rights and interests of children and women when the agreement on the disposition of husband and wife's common property is not reached. The rights and interests enjoyed by the husband or wife in the household land contract management shall be protected according to law.

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