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How to distribute the property contributed by the party after marriage when divorce

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How to distribute the property contributed by the party after marriage when divorce


        

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  • 2024-06-26 04:01:44

    After marriage, one party makes a contribution with personal property and the house property is registered in the name of one party. If one party makes a contribution with personal property to buy a house after marriage and obtains a house property certificate, it should belong to the property of the buyer. When the house property is divided after divorce, the other party has no right to request for division; What needs to be reminded here is that evidence is needed to support the determination of buying a house with personal property. If one party purchases a house with his or her personal property, it is necessary to prove that the purchase money belongs to the personal property of the husband and wife. Therefore, it is particularly necessary to retain the evidence that the property belongs to personal property for emergencies; After marriage, one party or both parties use the joint property of the husband and wife to buy a house. If the property certificate is obtained, one party uses the joint property of the husband and wife to buy a house. No matter where the property certificate is registered, the house property should belong to the joint property of the husband and wife.
    2、 How to divide the property after divorce when buying a house with full payment before marriage
    1. One of the couple bought the house with full payment before marriage and obtained the property certificate. How to divide the house after the divorce when the house is registered in the name of the investor? The house belongs to the party who bought the house before marriage; Judicial interpretation according to the Marriage Law
    (2) According to the regulations of, since one of the spouses paid all the house money before marriage and obtained the house property certificate, the house is a premarital property. Therefore, after divorce, the other party has no right to ask for the division of the property.
    2. One of the couple bought the house with full payment before marriage, and obtained the property certificate after marriage, which was registered in the name of the investor. How to divide the house after divorce, and how one party paid all the money before marriage. The property certificate obtained after marriage is essentially the same as the previous situation. The only difference is that the time of obtaining the property certificate is different. In this case, it is also premarital property, which belongs to one party. In the event of divorce, the other party has no right to ask for division.
    3. One of the couple bought a house with full payment before marriage and obtained a house property certificate, which was registered in the name of the investor. After marriage, the house property certificate added the name of the other party. After divorce, how to divide the house before marriage and add the other party after marriage. In this case, the house belongs to the common property of the couple. If both parties are not at fault, score in principle.
    4. To buy a house with full payment before marriage, two people's names are written on the house purchase contract. After divorce, the house purchase contract does not specifically stipulate how to divide the house property, that is, joint ownership, that is, you should sell or mortgage together. If you agree on the proportion, you can own the house property separately according to the agreed proportion.
    5. Before marriage, both parties contributed to purchase the house, but the property certificate obtained before marriage only has one party's name. How to divide the house after divorce. In the case of divorce under the above circumstances, the property certificate has one party's name. If the other party does not recognize that it paid money when buying the house, it believes that the house belongs to its personal property before marriage, and it will not be divided. The court of the other party's rights and interests is unable to protect if it cannot prove that it has contributed capital and is not a gift to one party. That is to say, even if the other party paid money, but could not prove the investment behavior, the court could not judge one party to give appropriate compensation. To sum up, if one party buys a house with full payment before marriage and registers it in the name of an individual, whether the house property certificate is obtained or not, it belongs to personal property. Only when another party is added to the house property certificate after marriage can it belong to the joint property of husband and wife. It is easier to write two names when buying a house before marriage if the loan is paid in full. If the loan depends on the situation of the bank, some banks are unwilling to handle it.

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