1, if you buy a house before marriage, and the house price is paid off, it will be regarded as personal property before marriage, and you will not participate in the division of husband and wife's property at the time of divorce. ?
2. 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, then the real estate itself is an individual's pre-marital property, but the mortgaged part paid after obtaining the license belongs to the joint property of the husband and wife, and it can be divided when divorcing. ?
3. Whoever buys a house after marriage, no matter whose name is on the real estate license, who pays the down payment and who pays more, the house belongs to the husband and wife.
According to the provisions of Interpretation III of Marriage Law in China
Article 6 Before marriage or during the marriage relationship, if the parties agree to give the property owned by one party to the other party, and the donor cancels the gift before the change registration of the donated property, and the other party requests an order to continue the performance, the people's court may handle it in accordance with the provisions of Article 186 of the Contract Law.
Article 7 If the property right of the house property purchased by one parent for their children after marriage is registered in the name of the investor's children, it can be regarded as a gift to only one of their children according to the provisions of Item (3) of Article 18 of the Marriage Law, and the house property shall be deemed as the personal property of the husband and wife.
If the property right of the house purchased by both parents is registered in the name of a child, the house can be regarded as shared by both parties according to their respective parents' share of capital contribution, unless otherwise agreed by the parties.
Article 18 After divorce, if one party brings a division lawsuit to the people's court on the grounds that the husband and wife still have joint property, the people's court shall divide the property according to law.
Extended data:
Related cases:
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's statement
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.
Baidu Encyclopedia-Judicial Interpretation of Marriage Law III
People's Network-Buying a house before marriage and adding the name of the spouse after marriage belong to the common property of husband and wife.