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Is it common property for one party to buy a house after marriage

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Is it common property for one party to buy a house after marriage


        

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  • 2024-06-22 22:01:45

    If you buy a house after marriage, only write the name of one party.
    Belonging to common property:
    1. If there is no clear agreement between the husband and the wife on the house purchased during the marriage, only one person's name shall be written on the property certificate, which shall be recognized as the joint property of the husband and the wife;
    2. 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 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 house purchased is jointly owned by the husband and wife. When divorce occurs, if one party wants to own the right to use the house, the evaluation unit will evaluate it and then distribute it to the other party; If both parties want to own the ownership of the house, both parties will bid; If both parties do not want the house, the people's court will auction it and then distribute it.
    Not belonging to common property:
    After marriage, the real estate purchased for the children by one parent, whose property right is registered in the name of the children of the contributor, can be regarded as a gift only to one of their children according to the provisions of the Marriage Law, and the real estate should be recognized as the personal property of the husband and wife.
    Experts said that the worst way to do this is to write the name of one person on the property certificate of the investor in good faith, which means that he has completely given up the ownership of the house.

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