According to the provisions of Articles 17 and 18 of the Marriage Law, property acquired before marriage is personal property, and property acquired after marriage is joint property of husband and wife. The difference is that in the case of divorce, the husband and wife will share equally, even if the other party did not spend a penny on the house at the beginning.
Therefore, if the house is prepared before marriage, then whoever writes the name on the real estate license will belong to him. For example, Xiaoming and Ruhua got married. Xiao Ming bought a house with his own money before he got married, so after Ruhua and Xiao Ming got married, the house was not as beautiful as Ruhua, unless Xiao Ming went to the notary office to notarize it as the joint property of husband and wife. If Xiaoming bought the house with his own money only after he got married with Ruhua, according to the new regulations, if both parties are present when handling the real estate license, and Ruhua signs it on the spot, then it is considered that the husband and wife have joint property.
2. Who are the parents who invest in buying a house?
Due to the lack of financial resources, many families rely on their parents to help them buy houses. In this case, what about the house?
Article 22 of the Marriage Law states: Before the parties get married, if the parents contribute to the purchase of houses for both parties, the contribution shall be deemed as a personal gift to their children, unless the parents explicitly indicate that it is a gift to both parties. After the parties get married, if the parents contribute to the purchase of houses for both parties, the contribution shall be considered as a gift to both husband and wife, unless the parents explicitly express that it is a gift to one party.
For example, Xiaoming and Ruhua got married. If Xiaoming's parents buy a house in full before marriage, and they don't make it clear that the house is for husband and wife, then the house is not as beautiful as flowers. But! ! ! If all Xiaoming's parents buy a house after marriage, and there is no clear indication to Xiaoming, the house will be given to both husband and wife, and the property of husband and wife is the same.
3. Can you blackmail the house by talking about a love affair?
If you are not married, but during the period of love, both parties contribute the same money to buy a house. What should you do after breaking up?
For example, Xiao Ming and Xiao Hua met on a blind date. They hit it off and planned to get married in the near future. During their love, they plan to buy a house together first. Moreover, there is no real estate under Xiaoming's name, so Xiaohua agreed to buy a house in Xiaoming's name and let her enjoy the loan policy of the first suite. But it didn't last long. After Xiao Ming and Xiao Hua got along, they decided to break up because of their incompatible personalities. Then the problem is coming. The mortgage was paid by two people together, but only Xiaoming's name was on the room book. Xiaoming swallowed the money that Xiaohua had paid back before, insisting that Xiaohua gave it to himself during his love. What should Xiaohua do?
Don't worry! The eyes of the law are discerning. Xiao Ming and Xiao Hua did not have a written agreement before, but they had a prenuptial agreement and could buy a house. Therefore, even if the house is purchased in the name of Xiao Ming, the agreement between the two parties to invest in the house is still valid. Xiaoming and Xiaohua's cancellation of * * *' s joint house purchase is actually a cancellation of * * *' s joint house purchase agreement, and Xiaohua can ask Xiaoming to return the house payment he has paid.
4. After marriage, * * * owing on the loan, how to divide the property?
Or is the house too expensive? Many families choose to pay the down payment by the man before marriage and repay the loan together after marriage. I finally paid off the loan, but I had to go my separate ways. However, the price of the house is not fixed. In addition, how to divide the property?
Article 10 of the Interpretation of Marriage Law stipulates that the husband and wife sign a contract for the sale of real estate before marriage, pay the down payment with personal property and borrow money in the bank, and repay the loan with the husband and wife's property after marriage, and the real estate is registered in the name of the down payment payer. If the two parties fail to reach an agreement at the time of divorce, it can be judged that the property belongs to the property registration party, and the unpaid loan is the personal debt of the property registration party. After marriage, the two parties jointly repay the loan with the corresponding property part.
After reading this paragraph, you must be dizzy. In fact, to put it bluntly, whoever pays the down payment will own the house, and the other party can get the cash according to the proportion of the repayment expenses of the year, and then divide it into parts according to the repayment ratio of both parties after marriage.
Many girls must think that her husband bought a house before marriage, and she didn't want to participate in repaying the loan after marriage. In fact, it doesn't matter. As long as you participate in the loan repayment, you can get part of it, and you can also get part in the divorce.
Source Ningbo lawyer: Web link
5. How about buying a house before marriage and after marriage?
If you buy a house in full before marriage, but the real estate license is indeed obtained after marriage, then is this house considered as pre-marital property or post-marital property?
Judging the housing right is not only about the time of obtaining the property right certificate, but more importantly, when and who paid the purchase price, because paying the purchase price is the essential element of obtaining the housing property right, and obtaining the property right certificate is only the formal element of obtaining the housing property right. Of course, for pre-marital and pre-marital property, both husband and wife can agree in writing to whom to return it, but if there is no agreement, it will be returned to whoever pays. Even if you get a real estate license after marriage, you can't divide the property as a husband and wife.