Does the house bought by husband and wife after marriage belong to the joint property of husband and wife

1、 Husband and wife marry The house bought later belongs to Conjugal property 么

Whether the house bought by husband and wife after marriage belongs to the joint property of husband and wife shall be determined according to the following different situations:

1. Contribution of one parent after marriage buy a house And the property right is registered in the name of their children, which does not belong to the joint property of husband and wife, but belongs to personal property;

2. After marriage, the parents of both parties will contribute to the purchase of the house. Regardless of the name of the party whose property right is registered, the house property can be recognized as shared by both parties according to their parents' share of capital contribution;

3. For both parties common property If you buy a house in the name of your parents and the property right is registered in the name of one parent, the property right of the house belongs to your parents, not to them Conjugal property , cannot be divided, and can only be counted as claims for repayment of capital contribution according to the situation of capital contribution;

4. After marriage Mortgage loan The house purchased by means of purchase is jointly owned by the husband and wife.

《 Civil Code 》Article 1062

The following property acquired by husband and wife during the period of their marriage shall be their common property and shall be jointly owned by them:

(I) wages Bonus and labor remuneration;

（2） Income from production, operation and investment;

(III) intellectual property right Income;

(IV) inherit Or donated property, except as provided for in Item 3 of Article 1063 of this Law;

（5） Other properties that should be jointly owned.

Husband and wife have equal rights to dispose of their common property.

II prenuptial property How long does it take to get married before it belongs to the joint property of husband and wife

If there is no special agreement, the premarital property of the husband and wife will not become the joint property of the husband and wife for many years after marriage.

In principle, the premarital property of one husband and wife will not be converted into the joint property of the husband and wife due to the continuation of the marriage relationship. If both men and women agree that the premarital property is jointly owned or partially owned, this part of the property is joint property.

Article 1065 of the Civil Code

Both men and women may 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 1062 and 1063 of this Law shall apply. The agreement made by the husband and wife on the property acquired during the marriage relationship and the pre marital property shall be legally binding on both parties.

The husband and wife agree that the property acquired during the marriage relationship shall belong to each other, and the husband or wife shall bear the external liability debt If the other party knows the agreement, it shall pay off with the personal property of the husband or wife.

3、 Which are the joint properties of husband and wife divorce How to deal with joint property

Houses jointly owned by husband and wife mainly include the following situations:

1. Public housing purchased by both husband and wife during marriage Commercial housing 、 Affordable housing Private houses;

2. A house rented by one of the husband and wife before marriage and purchased with the joint property of the husband and wife after marriage;

3. Public housing, commercial housing, affordable housing and other housing purchased with the savings of both men and women before marriage;

4. A house purchased or built by one party before marriage, and rebuilt with common property organization after marriage; If there is only partial reconstruction or expansion, the part of reconstruction or expansion shall be jointly owned by the husband and wife;

5. Before marriage, the house purchased by parents is clearly donated to both husband and wife;

6. After marriage, the parents paid for the house purchased by both parties and did not clearly express that they would give it to the husband or wife;

7. The house inherited by one or both parties during the marriage relationship shall be jointly owned by the husband and wife, but will Except those determined to belong to the husband or wife only;

8. Work unit's labor and personnel relations based on employees, employees working years Employee welfare housing, etc., which is distributed in the form of welfare housing distribution and purchased by both husband and wife.

Article 1062 of the Civil Code

The following property acquired by husband and wife during the period of their marriage shall be their common property and shall be jointly owned by them:

（1） Wages, bonuses and labor remuneration;

（2） Income from production, operation and investment;

（3） Income from intellectual property;

（4） Inherited or donated property, with the exception of the third item of Article 1063 of this Law;

（5） Other properties that should be jointly owned.

After reviewing the content of the above article, I believe that the question of whether the house bought by the couple after marriage belongs to their common property has been answered. In practice, when we encounter legal problems, we need to calmly face and solve them, and if necessary, we can seek the help of legal professionals. If you haven't answered your question after reading the above, you can click the "Ask Now" button below to seek professional advice lawyer Help for.