Legal basis:
Article 9 of the Property Law: The establishment, alteration, transfer and extinction of the real right of immovable property shall take effect after being registered according to law; Without registration, it will not take effect, except as otherwise provided by law.
The real estate license is a document that records the transfer of property rights. The purchaser obtains the legal ownership of the house through transactions, and can exercise the right to possess, use, benefit and dispose of the purchased house according to law, that is, the "real estate license", which is a legal certificate for the state to protect the ownership of the house according to law. Proof that the owner manages and uses his own house.
Property ownership certificate includes house ownership certificate and house ownership certificate. Generally speaking, the real estate license is the abbreviation of the house ownership certificate, which is a written certificate issued by the real estate registration authority to prove the ownership of the house.
To sum up, the house that the man bought in full before marriage is registered as the name of both husband and wife on the real estate license, plus the name of the woman, which is a gift, that is, unless otherwise agreed, the property belongs to both husband and wife.
Extended data:
Buying a house before marriage and adding your spouse's name after marriage is a voluntary gift and belongs to the common property of husband and wife.
Can buying a house before marriage and adding your spouse's name after marriage be regarded as the joint property of husband and wife? The Intermediate People's Court of Meizhou City, Guangdong Province recently gave the answer through the judgment of a case: the act of adding a name to the property registration after marriage is regarded as a voluntary gift from one party to the other, and the property is jointly owned by both parties.
In 2007, I was introduced to Jane and Jun, and they got married in the Civil Affairs Bureau of Meijiang District, Meizhou City on June 5438+1October 65438+May, 2008. Both parties have no children after marriage.
20 14 12.24 A Jun filed a lawsuit in Meijiang District Court, demanding divorce.
During the trial, Jane agreed to divorce, and both parties confirmed that there was no husband and wife with the same creditor's rights and debts, but there were differences on the identification and division of the same property.
According to Ajun, the house he lives in now is due to land acquisition and demolition, and the compensation for land acquisition and demolition was purchased by Ajun in June 2005. After marriage, Jane asked to add her name to the real estate license. If not, Jane will get a divorce. In order to avoid trouble and maintain a hard-won family, Ajun took Jane to the Housing and Construction Bureau to register her name against her wishes.
A Jun believes that it is invalid to add a simplified name when registering the real estate license in September 20 10. In order to prove his claim, Ajun also provided the personal property ownership certificate of Ajun filed by the Housing and Construction Bureau and the application signed by Jia Azhen.
Jane disagrees with this statement. She said that after she married Ajun, she took care of her family wholeheartedly, worked hard to help make up for her family, and helped Ajun repay her personal debts. Therefore, A Jun voluntarily added his name to the suite and enjoyed half of the ownership of the house according to law.
After hearing the case, the Meijiang District Court made a judgment of first instance, and granted the plaintiff Ajun and the defendant Azhen a divorce. The house was owned by the plaintiff Ajun, and the plaintiff Ajun paid the defendant Azhen a discount of 210.5 million yuan.
After the verdict, Ajun refused to accept it and appealed to Meizhou Intermediate People's Court.
After accepting the case on May 25th this year, Meizhou Intermediate People's Court held a public hearing to hear the case and upheld the judgment of the first instance.
The judge said:
Changes in real estate rights are registered according to law and have legal effect.
The judge in charge of the second instance said that in this case, although the property right of the suite was registered as owned by Ajun before marriage, both parties applied to the housing management department for adding the name after marriage, and the property right change of the suite was registered as shared by Ajun and Jane.
According to the provisions of the property law, the establishment, alteration, transfer and extinction of the real right of real estate shall take effect after being registered according to law; The certificate of real estate ownership is the proof that the obligee enjoys the real estate right.
After marriage, the act of adding names to the registration of house property rights by both parties is regarded as the voluntary donation of house property rights by the Afghan army, which changes the legal effect of house property rights, that is, the suite is shared by both parties.
References:
People's Network-Buying a house before marriage and adding your spouse's name after marriage is a voluntary gift and belongs to the joint property of husband and wife.
Baidu encyclopedia-real estate license