Nowadays, more and more couples choose to buy a house before marriage, but since both parties have not yet received a marriage certificate, whose name and several names should be written on the real estate license has become a very tangled problem. The new marriage law makes more and more women realize that the name added on the real estate license may not be yours.
Example:
After graduation, Wang Tiancheng and his wife A Juan, who lives in Beijing, saved nearly 500,000 yuan. 20 13 in early April, they bought a 47-square-meter second-hand house near the Fifth Ring Road in Tongzhou.
Total price 1 10,000 yuan, of which 500,000 yuan was contributed by Wang Tiancheng's parents. Because there is already a building under the name of A Juan, according to Beijing's "New Deal", the new house is registered under the name of Wang Tiancheng. When the new house was renovated, A Juan and Zhang Xian were in this room.
After Wang Tiancheng's parents discovered that their date was cheating, the two young people agreed to divorce. When dividing the property, A Juan offered to share it equally. Wang Tiancheng believed that his parents contributed 500,000 yuan and the house was registered in his own name.
What's more, the divorce is your fault, and you refuse to share it equally.
analyse
Legal support: application of the people's court
Interpretation of some issues in the Marriage Law (3) Article 7 stipulates that "if the property rights of the property purchased by one parent for their children after marriage are registered in the name of the sponsored children, it may be in accordance with the provisions of Item (3) of Article 18 of the Marriage Law.
It is stipulated that as a gift to only one child, the property should be recognized as the personal property of one spouse. " However, the contribution mentioned here should be understood as the total contribution of parents. In this case, Wang Tiancheng's parents contributed half and the husband and wife made two copies.
Party * * * contributes half. In this case, 500,000 yuan contributed by Wang Tiancheng's parents should be regarded as a gift to Wang Tiancheng; Half of the joint investment made by husband and wife shall be regarded as the same property and shall be divided equally. As for the fault of the Juan incident, and
Unless it is a legal fault stipulated in Article 46 of the Marriage Law, it cannot be a reason for Wang Tiancheng to divide more property.
It should be said that adding a name to the real estate license is not necessarily beneficial.
example
marry
Later, when Xiao Yong and Yu Yan bought houses, their parents contributed 850,000 yuan, of which Xiao Yong's parents contributed 550,000 yuan. When going through the house registration formalities, because there is already a household under the name of Xiao Yong, both parties negotiate to handle the marriage house registration.
Yan's name Xiao Yong's parents disagreed, so Xiao Yong had to transfer the house under his name to his parents' name, and then went through the formalities of adding the name of the new house. Shortly after the marriage, the couple left because of a dispute over going abroad for development.
Marriage. When dividing the property, Xiao Yong and his parents demand that it be divided according to the capital contribution of both parents, while Yu Yan requires that it be divided equally according to * * * and * *. Who will the law support?
analyse
law
Legal basis: Paragraph 2 of Article 22 of the Interpretation of the People's Court on Several Issues Concerning the Application of the Marriage Law stipulates that if parents contribute to the purchase of houses for both parties after marriage, the contribution shall be deemed as joint contribution by the husband and wife.
Gifts, except those expressly given to one party by parents. The disputed property in this case is registered in the names of both parties, which not only fails to indicate the share of capital contribution of both parents, but also fails to make special explanations and agreements of both parents. In this case, no.
On the amount of capital contribution by both parents, capital contribution should be regarded as a gift to both husband and wife, belonging to both husband and wife. If there is no prior agreement to share, it will be shared equally.
20 15 the name added on the real estate license of the marriage law is not necessarily yours.
Specific analysis: If the disputed house in this case is registered in the name of one party (no matter which party), according to the provisions of the Interpretation of the People's Court on Several Issues Concerning the Application of Marriage Law (III), the situation is very different, and Xiao Yong should enjoy his parents' share of capital contribution, instead of sharing it with * * * *.
The legal consequences of these five signature methods in the new marriage law are different.
The real estate certificate says the names of both couples.
This is the view of most lovers, especially women.
such as
If this scheme is adopted, the house will be recognized as the property of both men and women, and the loan will also be recognized as the joint debt of both men and women. If there is no other evidence such as "IOU", the contribution of parents will be considered as a gift to both men and women.
Municipal party committee * * *. If the "prospective husband and wife" break up after buying a house, then the "prospective marriage room" will still be regarded as the property of both parties, and the loan will also be regarded as the same debt of both parties. For parents' contribution, if there is corresponding evidence to prove that parents' contribution is the foundation,
For the purpose of marriage between "prospective couples", the court will also regard this part of the capital contribution as a gift with additional conditions (both parties get married). If both parties are not married, parents have the right to claim it back.
Name of parents of real estate license department
Most people who hold this view are the parents of the man who paid the down payment.
If signed in this way, the house will be recognized as the property of parents, the loan will also be recognized as the debt of parents, and the corresponding appreciation or depreciation will be enjoyed or borne by parents. If the husband and wife repay the loan with their married income, if they divorce, one of them cannot own the house, but for the paid loan principal and interest, they can ask their parents to return or advocate the division of the house.
Name of the man and his parents in the real estate license department
This practice is also common, often because the man's parents have paid all the down payment, and the repayment of the loan in the future mainly depends on the man's income, and the wedding room should be regarded as the property of the man's family.
such as
If this operation is carried out, the house will be recognized as the property of the man and his parents, and the loan is also their debt, and the corresponding appreciation or depreciation will be enjoyed or borne by them, while the man's corresponding share of property rights will be owned by the individual before marriage.
Property, according to the marriage law, this part of the property will not be converted into husband and wife property because of marriage. If both husband and wife use their married income to repay the loan, if both parties divorce, the woman can't claim the property right of the house, but she does.
The paid loan principal and interest can be claimed as the joint property of husband and wife, requiring the man and his parents to return or claim to divide the property. The same is true of the legal consequences of the registration of the title certificate in the name of the woman and her parents.
The name of both parents and "prospective husband and wife" is written on the real estate license.
Many people think that instead of being so troublesome, it is better to register both owners on the real estate license, and everyone has rights and is fair and reasonable.
If this scheme is adopted, the house will be regarded as the property of the prospective husband and wife and their parents, and the loan will also be regarded as a debt, and the corresponding appreciation or depreciation will be shared or borne by these people. If only the married income of the husband and wife is used to repay the loan after marriage, and the two parties divorce, the repaid loan principal and interest can be claimed as the joint property of the husband and wife, and both parents are not entitled to this part of the property.
Sign only the names of men or women.
In order to avoid unnecessary troubles caused by parents' intervention after marriage, many lovers will choose this scheme when one of the "prospective couples" or one of their families bears all the house payment alone.
this
This situation needs to be analyzed from two aspects: first, the capital contribution made by one party or one parent is only registered in the name of the child. According to the provisions of the marriage law, this belongs to the child's personal property before marriage and will not be automatic after marriage.
The joint property of husband and wife, when divorced, the property still belongs to the original owner; Secondly, one party or one parent contributes capital, but it is registered in the name of the other party who has not contributed capital, which is usually recognized as a conditional donation bank by the court.
Because, if the two parties are not married, the house belongs to the name of one party listed in the real estate license, but the other party can ask for the return of the paid money. If both parties get married, it belongs to the personal property of the next party to the property right certificate.
(The above answers were published on 20 15-08- 14. Please refer to the current actual purchase policy. )
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