The certificate of real estate ownership is the proof that the obligee enjoys the real estate right. After the property ownership certificate has clearly stated that the wife belongs to * * * and * * *, the property belongs to the husband and wife * * *.
The certificate of real estate ownership is the proof that the obligee enjoys the real estate right. The items recorded in the certificate of real estate ownership shall be consistent with the real estate register; If the records are inconsistent, unless there is evidence to prove that the real estate register is indeed wrong, the real estate register shall prevail.
Not exactly. Buying a house before marriage, and the house price has been paid in full, is regarded as personal pre-marital property, and does not participate in the division of husband and wife's property when divorced. If the down payment is paid before marriage and the rest is mortgaged, the name of one party (or one parent) is listed in the real estate license, and the real estate itself is an individual's pre-marital property, but the mortgage paid after obtaining the certificate belongs to the husband and wife, and can be divided when divorced. The new judicial interpretation of the marriage law has adjusted this, and the following are the relevant provisions. 1, whether before or after marriage, the house purchased by parents is registered in the name of their children, which is regarded as personal property and does not belong to the joint property of husband and wife. 2, the house bought before marriage, registered in its own name, belongs to personal property, and will not be distributed when divorced. 3, the house bought before marriage, the appreciation of the house after marriage has nothing to do with the spouse. 4. If the house bought before marriage is registered in its own name and both husband and wife jointly repay, the other party should be considered for compensation when divorcing. 5. The man buys a house before marriage and sells it without authorization after marriage. If his wife wants to take back the house, the court will not support it. 6. After marriage, both husband and wife participate in the purchase of one parent's house with the same real estate. After divorce, the house belongs to one parent's personal property and does not participate in property division. Extended data:
Article 17 of the Marriage Law stipulates the scope of property that should be jointly owned by husband and wife during the marriage relationship, that is, the following property acquired by husband and wife during the marriage relationship is jointly owned by husband and wife.
According to Phoenix. com. com:
20 18 1, Xiao Zhang (male) who lives in Xiaoshan, Hangzhou, and registered marriage. Before getting married, Xiao Zhang's parents had bought a house near 150_ for Xiao Zhang in the urban area, paid the full amount and registered it in Xiao Zhang's personal name. Shortly after their marriage, Xiao Zhao proposed adding his name to the house. Reluctantly, considering that both parties are married, Xiao Zhang and his parents agreed to this request and changed the property right of the house to Xiao Zhang and Xiao Zhao.
However, after marriage, the feelings of the young couple became weak because of their incompatible personalities. Not long ago, Xiao Zhao actually filed for divorce, demanding that the property be divided-the house belongs to Xiao Zhang, but she should be compensated for half of the property value.
Xiao Zhang was very angry and thought that the house was bought by his parents before marriage and was his personal property before marriage. Even if Xiao Zhao's name is added, it can't change the nature of real estate as personal property.
So Xiao Zhang brought his parents to consult a lawyer, so does Xiao Zhao really have the right to share half the value of this property?
Lawyer's explanation
Zhu Jun, lawyer of Zhejiang Wang Jianjun Law Firm:
First, "adding a name after marriage" is a gift, and the property belongs to Xiao Zhang and Xiao Zhao.
Although this property was fully invested by Xiao Zhang's parents, the property right was registered in Xiao Zhang's personal name and belonged to Xiao Zhang's personal property before it was added. The ownership of property will not change because Xiao Zhang marries Xiao Zhao.
Xiao Zhang's act of adding his name to the real estate license belongs to Xiao Zhang's act of giving his personal property during the marriage relationship, and after the property right registration is changed, Xiao Xiao can't cancel the gift.
The Property Law stipulates that the certificate of real estate ownership is the proof that the obligee enjoys the real estate right. After the property ownership certificate is clearly owned by * * * and * * *, the property is owned by Xiao Zhang and * * * *.
Second, Xiao Zhao has the right to divide the property involved, but it is not a simple 50-50 split.
* * * There are two forms of * * * you and * * * with * * *.
The so-called * * * possession by shares means that the * * owner occupies the real estate or chattel owned by * * according to his share. For example, Xiao Zhang and Xiao Zhao can agree to enjoy 50% and 50% of the property rights respectively.
And the so-called * * * has * * * means that * * someone has the ownership of * * * with real estate or chattel * * *.
In the above case, both Xiao Zhang and Xiao Zhao owned the property, and they were both owners before the division. Of course, the dissolution of marriage between Xiao Zhang and Xiao Zhao means that the foundation of both parties has been lost and the property can be divided.
First, do the property ownership certificate and the woman's name belong to the same property after marriage?
1. The property ownership certificate after marriage and the woman's name belong to the same property. According to the relevant laws and regulations, both men and women can agree that the property acquired during the marriage relationship and the pre-marital property are owned by themselves, wholly or partly, and partly. The agreement between husband and wife on the property acquired during the marriage relationship and the property before marriage is legally binding on both parties.
2、
Legal basis: Article 1065 of the Civil Code of People's Republic of China (PRC).
Both men and women may agree that the property acquired during the marriage relationship and the property before marriage belong to themselves, all or part of it, and part of it. The agreement shall be in writing. Where there is no agreement or the agreement is unclear, the provisions of Articles 1062nd and 1063rd 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 legally binding on both parties.
The husband and wife agreed that the property acquired during the marriage relationship should be owned by each other, and if the other party knows the agreement, the personal property of the husband and wife should be used to pay off the debts owed by the husband and wife.
Second, how to divide the marital property.
When dividing marital property, the following principles should be followed:
1, the principle of gender equality;
2. The principle of taking care of the interests of children and women;
3. The principle of being beneficial to life and convenient for life;
4. The principle that rights should not be abused;
5. If the property owned by one spouse is consumed, damaged or lost in the life of * * *, the other spouse will not make compensation.