According to the Marriage Law of the People's Republic of China:
Article 17 The following property acquired by husband and wife during the marriage relationship shall be jointly owned by husband and wife:
(1) Wages and bonuses;
(2) Income from production and operation;
(3) Income from intellectual property rights;
(4) Inherited or donated property, except as provided for in Item 3 of Article 18 of this Law;
(five) other property that should be owned by * * *. Husband and wife have equal rights to dispose of all property.
Eighteenth in any of the following circumstances, it is the property of one of the spouses:
(1) one party's premarital property;
(2) Medical expenses, living allowance for the disabled, etc. Obtained by one party due to physical injury;
(3) Property determined to belong only to the husband or wife in the will or gift contract;
(4) Daily necessities used exclusively by one party;
(five) other property that should be owned by one party.
Article 19 A husband and wife may agree that the property acquired during the marriage relationship and the pre-marital property shall be owned by themselves, in whole or in part or in part. The agreement shall be in writing.
Where there is no agreement or the agreement is unclear, the provisions of Articles 17 and 18 of this Law shall apply. The agreement between husband and wife on the property acquired during the marriage relationship and the property before marriage is binding on both parties.
The husband and wife agreed that the property acquired during the existence of the marriage relationship should be owned by each other. If the third party knows the agreement, it should pay off all the property owned by the husband and wife.
Extended data:
Both husband and wife need to be present to apply for the title certificate, and the staff said that one person can do it:
It was agreed to buy a house and write the names of two people after marriage, but the daughter-in-law happened to be on a business trip. Mr. Hu, who is going to apply for a real estate license alone, is very upset. "We bought a new house. I heard someone say before that if you want to write two names.
Both parties should be present when the real estate license is issued. If one party is not present, the other party will write a statement giving up property rights. Now that my daughter-in-law is away from home, how can I get a real estate license? "
Recently, Mr. Hu called the news hotline 96009 of shenyang evening news and Shenyang Net to consult Du Huanying. "I don't know if this statement I heard is accurate. Is there such a rule in Shenyang? "
Mr. Hu's problem is really tricky. Du Huanying consulted Mr. Wang, the window service staff of Shenyang Real Estate Transaction Registration Ownership Center. He smiled and said that Mr. Hu could handle it alone without his wife present.
If you want to write two names on the real estate license, then Mr. Hu needs to bring the identity certificate of both husband and wife, marriage certificate, maintenance fund receipt and house purchase contract.
"Mr. Hu bought a new house and needed the developer to be present when handling the real estate license. If the developer cannot be present in person, the developer needs to write a power of attorney to the agent.
Starting from this year, property buyers and developers can entrust each other to handle real estate licenses, which is very convenient as long as one party has the power of attorney of the other party present. "
In addition, Mr. Wang also reminded that the "peak time" of usual work is in the morning. It is suggested that Mr. Hu choose working day afternoon or Saturday to apply for real estate license, which is faster to apply for "peak shifting".
Tan Deming, a lawyer of Liaoning Deng Ke Law Firm, said that the new marriage law stipulates that if the husband and wife buy a house after marriage, the ownership of the property shall be implemented according to the agreement. If there is no agreement, then they have property as husband and wife.
Baidu Encyclopedia-China People's Marriage Law
People's Daily Online-Do couples need to be present for real estate license? The staff said that one person can do it.