Does buying a house before marriage belong to the joint property of husband and wife? Really not necessarily!

The day before the milk tea sister and Liu got the certificate, a message was released: Liu's annual salary in the next ten years 1 yuan. This means that after 10 years, their husband and wife will own the same property of 10 yuan. If Sister Milk Tea divorces her during this period, the property will not exceed this 5 yuan money, because the 2.65 billion yuan owned by Liu is pre-marital property, and Sister Milk Tea has no right to divide it. Seeing this, Bian Xiao had to clap his hands and praise the netizens' brain-hole thinking, which also reflected that netizens still had certain concepts about premarital property and marital property. Then, how should the pre-marital property be divided when divorced? Today, Bian Xiao will share relevant knowledge with you.

Before marriage, both husband and wife contribute money to buy a house, and the name of one party is written in the real estate license. How to divide the house after divorce?

This should be divided into two situations: 1, get a real estate license after marriage; 2. Obtain real estate license before marriage.

1, get the real estate license after marriage.

If the real estate license is obtained after marriage, the ownership of property rights is relatively easy to judge, and it can be judged that the property of husband and wife is the same, and both husband and wife have half of the property rights at the time of divorce;

2. If the real estate license is obtained after marriage, the judgment is relatively complicated, and there are two key points:

2. 1 According to the purpose of both parties to purchase houses.

In this case, if there is no evidence to prove that it is a gift and the house was bought for the purpose of marriage, then it is judged that the husband and wife have the same property. However, if there is evidence that it is a gift, it will not be judged as a * * * gift together with the property, and it belongs to a personal gift.

2.2 According to whether the premarital cohabitation relationship is formed.

If you live together before marriage and both parties invest in buying a house, then the house is also shared by husband and wife. But whether the property of husband and wife is the same depends on whether they live together in the name of husband and wife.

2.3 According to whether the other party can provide proof of capital contribution.

This is very important. If the other party can't provide proof of its own contribution, it is likely to be judged as personal property and unable to obtain the property right of the house. Therefore, when you are in love, you must not only write the other person's name on the real estate license because of impulsiveness. If you can't produce evidence of your investment when you divorce, the court may not be able to protect your rights and interests.

The above is Bian Xiao's knowledge about "buying a house before marriage and divorcing a real estate". Bian Xiao reminds everyone here that divorce is not just as simple as opening a piece of paper, and the impact and consequences may exceed your expectations. To borrow a phrase from Ma Yili, "Love is easy, marriage is not easy, but you can still cherish it". I hope everyone has a happy marriage.

(The above answers were published on 20 16-0 1-06. Please refer to the actual situation for the current purchase policy. )

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