For houses bought under different circumstances, the distribution of property rights is different, depending on the details of the housing. Only by finding out the source of the house can we know how much property rights we have. The following is your detailed analysis:
First, how to treat the name on the real estate license?
1. What's on the property certificate? Have property rights of houses
Adding a name to the real estate license does not necessarily have the property right of the house. The validity of real estate rights comes from real estate registration. As a kind of real estate right, the establishment, alteration, transfer and elimination of a house need to be registered according to law before it can take effect. Without registration, it has no legal effect.
Therefore, if the records of your real estate license and the real estate register are inconsistent, and there is no evidence to prove that the real estate register is indeed wrong, you will still suffer. Therefore, when allocating property rights, you must add your name to the real estate register, so that you can own the property rights of the house.
2. If there is no name on the real estate license, you may also have property rights.
If you buy a house after getting a marriage certificate, even if you only write one person's name, it belongs to the joint property of husband and wife. Even if the house bought by parents is all owned, if it is not clearly stated that it is for children, it is still the joint property of husband and wife, and the party without a name also has a share of housing property rights.
Two, different types of housing, real estate division is different.
1. Buying a house before marriage is the same as repaying the loan: unless otherwise agreed by the husband and wife, this situation is regarded as the same property. * * * With the repayment of the loan, no matter whether one party repays the loan with personal salary or with the salary of both parties, it shall be deemed that the husband and wife * * * have property. Unless the repayment can prove that its repayment funds come from personal pre-marital property.
2. An indistinguishable type: If one of the husband and wife paid all the house price and obtained the real estate license before marriage, then this house is pre-marital property. The other party has no right to claim a share, and even Mao Mao can't get a share.
3. Buy a house and repay the loan after marriage: No matter whose name is on the property certificate, it is the same property. If the property right of the house is to be divided, the party who obtains the house needs to pay half of the value of the house to the party who has not obtained the house. If the loan is not paid off, the owner needs to repay the remaining principal and interest separately.
4. Flash marriage and flash divorce: refers to a house where one of the husband and wife pays part of the house price before marriage and repays the loan together after marriage, or one of them repays the loan with personal property, but the house is profitable and has not obtained the real estate license at the time of divorce. Both parties should negotiate first. If negotiation fails, the court shall decide to use it by the parties according to the actual situation. After obtaining the real estate license, either party will bring a lawsuit to the court alone.
5. Parents invest in buying a house: the investment made by parents before marriage is regarded as a gift to their children, unless otherwise agreed; Unless otherwise agreed, the contribution made by parents after marriage shall be regarded as a gift to both husband and wife.
6. Multi-person type on the real estate license: the real estate license has the names of children or parents. The court will not hear the property division of the house according to the application of the parties, and the parties will file another lawsuit; Or according to the application of the parties, suspend the trial of the case and inform the parties to file another lawsuit for property analysis, and then divide some houses of the husband and wife according to the judgment result of property analysis.
7. The name type of the party who registered with the seller before marriage: If the named party refuses to admit that the other party contributed to the house purchase, the unregistered party has no evidence to prove its contribution, and the court cannot judge the other party to give appropriate compensation.
The division of husband and wife's property is varied. Who finally owns the property right depends on how your house came from, and you need to provide relevant evidence. I hope that after reading the above introduction, you can know more about the distribution of housing property rights and make more preparations for buying a house in the future.