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The house I bought after marriage. The house property is written with the man's name. Is it common property

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The house I bought after marriage. The house property is written with the man's name. Is it common property


        

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  • 2024-06-23 09:00:01

    According to the New Marriage Law, there are the following situations: 1. After marriage, one or both parents buy a house for their children. See Article 7 of the Third Judicial Interpretation of the Marriage Law: "If the property right of a real estate purchased by one parent for the child after marriage is registered in the name of the child of the investor, it can be regarded as a gift to one of the children only according to the provisions of Item (3) of Article 18 of the Marriage Law, and the real estate should be recognized as the personal property of the husband and wife. If the property right of a real estate purchased by the parents of both parties is registered in the name of a child of one party, the real estate may be deemed to be jointly owned by both parties according to their parents' share of capital contribution, unless otherwise agreed by the parties. " 2. If one of the husband and wife signed a real estate sales contract before marriage, paid the down payment with their personal property and borrowed money from the bank, and used their joint property to repay the loan after marriage, and the real estate was registered in the name of the down payment payer, the real estate should be handled by both parties through agreement at the time of divorce.
    3. After marriage, one or both of the husband and wife contributed to buy the house, and the house property certificate only has one person's name. In this case, the house property belongs to the joint property of the husband and wife, and both parties shall share it equally in the principle of divorce. The biggest legal connection between the purchase of a house and marriage is the recognition of the joint property of the husband and wife. According to Article 17 and Article 18 of the Marriage Law, the property acquired before marriage is personal property, and the property acquired after marriage is joint property of the husband and wife. In case of divorce, the joint property of the husband and wife will be divided into half of each other, even if the other did not spend a penny on the house at the beginning. Therefore, if you buy a house before marriage, the name of the house written on it will belong to whoever. Before marriage, the man should buy a house, which should belong to the man's premarital property. Therefore, in case of divorce, the house should belong to the man, unless the house is notarized as the joint property of the husband and wife, and he buys a house after marriage. If the man still pays, when handling the property certificate, according to the new regulations, if both the husband and wife are present and the woman needs to sign on the spot, then it should be the joint property of the husband and wife. Extended information: procedures for house property certificate and spouse's name: the first case: the process for handling house loan is: 1. Bring the original and copies of three certificates (marriage certificate, ID card, house property certificate).
    2. Go to the real estate transaction center in the area where the house is located, and inform the pre inspection window that you are going to handle the issue of adding spouse's name to the property certificate. The window staff will review the submitted materials, give you a number if the materials are complete, and then go to the relevant window with the number.
    3. The cost of adding name on the property certificate: 110 yuan service charge, details are as follows: 80 yuan production cost, 25 yuan cadastral map cost, 5 yuan sticker cost, if successful, you can get a new property certificate 20 days later.
    4. The new property certificate can be set with a password, and the real estate transaction center will tell you an initial password, which can be changed later.
    The second situation: the procedures for handling housing and loan are as follows: 1. Go to the bank to handle mortgage change procedures first (please consult the banks for specific matters). 2. Expenses for adding names on the property ownership certificate: In addition to the above 110 yuan handling fee, if the loan is a pure accumulation fund, an additional 100 yuan shall be paid; If the loan is in the form of combination (provident fund commercial loan), an additional 200 yuan shall be paid. 3. Other steps are the same as "housing without loan".

    x***

    2024-06-23 09:00:01

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