Does the registration of a house purchase after marriage belong to the joint property of husband and wife under the name of one party?
For example, Xiao Du and her husband Xiao Liu have been married for three years and recently bought a house with their savings. However, Xiao Du is a little depressed these days. It turned out that Xiao Liu's name was used when signing the purchase contract with the developer at that time. Xiao Du is vaguely worried about this: If there is any change in the relationship between the two people in the future, does this house belong to the joint property of husband and wife?
The answer is that Xiao Du's worry is unnecessary. Because the house was bought by two people with their own savings after marriage, according to the provisions of Article 1062 of China's Civil Code, the property obtained during the marriage relationship belongs to both husband and wife. Therefore, whether the real estate is registered under the name of one party or both parties, it belongs to Xiao Du and Xiao Liu. Of course, if Xiao Du is still not at ease, he can apply to change the name of the property owner and list both parties as property owners in the real estate license.
1. Whether the house belongs to the joint property of husband and wife does not depend on whether the names of both parties or one party are recorded in the property ownership certificate. As long as it is purchased with the same property after marriage, whether it is registered in the names of both parties or registered in the name of one of the spouses, it belongs to the common property of both husband and wife.
2. The main differences between the legal consequences of real estate registration under the names of both parties and one party. When the real estate registered in the name of husband and wife is transferred to the outside world, both husband and wife, as the transferor, need to sign for approval. When handling the property transfer, both parties need to be present together. When the real estate registered in the name of one party is transferred to the outside world, only one party needs to sign as the transferor for approval. When registering the transfer, one party may be present. In this sense, registering both husband and wife as property owners, although the procedures will be a little cumbersome in future property transfer, can effectively prevent one party from maliciously transferring property at a low price, thus helping to strengthen the joint control of both husband and wife over property.
At present, some local real estate authorities will require the owner to provide his marriage certificate or unmarried certificate (such as household registration book) when handling the transfer procedures of private real estate. In the case of confirming that the owner is married, the owner must obtain the written consent of the spouse and submit the confirmation letter of the spouse's consent if the spouse is not present when handling the transfer procedures such as property transfer. If this practice can be widely promoted, it will be very beneficial to strengthen the protection of husband and wife's property and prevent one party from maliciously transferring property.
Suggestion:
1. In order to prevent one party from transferring the property privately, both husband and wife can register as the owner of the property by purchasing the house together.
2. The husband and wife registered in the name of one spouse have a house, and the husband and wife have the right to request the housing management department to change the name of one spouse to the name of the other or both. This is the change registration in the registration of house ownership, and this business does not need to pay taxes. Therefore, both husband and wife can apply for the name change of the property owner according to the actual situation. The specific procedures are as follows: both husband and wife should personally apply to the housing management department for registration of house ownership change (see sample documents) and submit the following materials:
(1) Property Ownership Certificate (original);
(2) Both husband and wife have a housing agreement and an application for name change (original);
(3) marriage certificate;
(4) Two copies of the house registration form and the house plan attached to the original house ownership certificate (if the original house ownership certificate has no drawings or forms, it may not be submitted).
legal ground
Article 1062 of the Civil Code: The following property acquired by husband and wife during the marriage relationship is the common property of husband and wife and belongs to both husband and wife:
(1) Wages, bonuses and remuneration for labor services;
(2) Income from production, operation and investment;
(3) Income from intellectual property rights;
(4) Inherited or donated property, except as provided for in Item 3 of Article 1063 of this Law;
(five) other property that should be owned by * * *.
Husband and wife have equal rights to dispose of the same property.