1. What's the difference between buying a house before marriage and buying a house after marriage?
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; So the order of buying a house is particularly important. If you buy a house after marriage, even if the other party has not paid a penny, it is considered that the husband and wife have property!
How do prospective couples sign a house?
2. When you get married and buy a house, whose name is written in the room?
Example: Xiaoming and Xiaohong are getting married. How to sign the real estate license? Give some examples of possible situations and make a choice!
Situation 1: Xiaoming buys a house in full before marriage, and the real estate license only writes Xiaoming's name; Or Xiao Ming borrowed money to buy a house before he got married, and the real estate license only wrote Xiao Ming's name, and the loan was paid off before he got the marriage certificate.
After marrying Xiaohong, this house belongs to Xiaoming's pre-marital property. Even after divorcing Xiaohong, this house still belongs to Xiao Ming, and the property after marriage naturally belongs to Xiao Ming. For example, Xiaoming originally spent 500,000 yuan to buy a house property, but later the house price rose to 600,000 yuan, so all 600,000 yuan belonged to Xiaoming.
This property has nothing to do with Xiaohong. Although the property right belongs to Xiao Ming alone, the property produced after marriage, except fruits and natural objects, is regarded as the joint property of husband and wife. Simply put, if they don't live in their own house after marriage, but rent it, then the rent is the same property of both husband and wife. Therefore, it's not bad to be a foster daughter!
Situation 2: Before Xiao Ming got married, he or his parents made a down payment and borrowed money to buy a house. Only Xiaoming's name is written on the property certificate, and he still pays back the money during the marriage.
Although after Xiao Ming and Xiao Hong got married, Xiao Ming was still paying off the loan alone, but at this time, the money earned by Xiao Ming no longer belongs to one person. Daily expenses such as eating, drinking and repaying loans are the common property of husband and wife. If two people divorce, the real estate needs to be negotiated by both parties.
If the two parties can't reach an agreement, the court can decide that the property belongs to Xiaoming, and the outstanding loan is Xiaoming's personal debt, and Xiaoming needs to compensate Xiaohong for the loan repayment during the marriage.
Situation 3: Xiaoming or Xiaoming's parents contribute, and only Xiaohong's name is written on the real estate license.
Courts usually consider this a conditional gift. Before Xiao Ming and Xiao Hong get the marriage certificate, if they break up, the property belongs to Xiao Hong, but Xiao Ming can ask Xiao Hong to return the money he has paid. If Xiaoming and Xiaohong divorce after getting a marriage certificate, then the property belongs to Xiaohong.
Actually this form is not recommended. If we break up for various reasons before marriage and insist on talking about money, the two families will be torn apart. If we divorce, won't Xiao Ming lose his house money and run away with his wife?
Situation 4: Xiaoming bought a house in full before he got married, and the names of the husband and wife were written on the real estate license.
It is suggested that Xiao Ming keep the payment voucher, so that when the property is divided, this house belongs to Xiao Ming, whether before marriage or after marriage.
Situation 5: Xiaoming's parents bought a house in full before they got married, and the names of the husband and wife were written on the real estate license.
This is also a form that often appears in reality. The woman asked to write her name on the real estate license, and the man's parents were afraid that the young couple would be under pressure, so they paid the house price in full.
Not that everything will go bad, but at least you should have the consciousness of protecting yourself from the beginning.
Xiao Ming's parents are advised to keep the proof of payment or ask the prospective couple to write an iou. If they break up before marriage, Xiao Ming's parents can get the money back, but if they divorce after marriage, they can only divide it according to the joint property of husband and wife.
Situation 6: Xiaoming pays the down payment before marriage and borrows money to buy a house. The names of Xiaohong and Xiaoming are written on the real estate license.
In this case, it is necessary to find out in advance how the two parties own the property of * * *, whether it is owned by * * * or jointly owned by * * * and * * *, and their respective shares need to be clarified by * * *.
After buying a house, if Xiaohong and Xiaoming break up, whether they get a marriage certificate or not, the subsequent mortgage must be repaid by both parties, or the problem of subsequent repayment can be solved by changing lenders in the bank when dividing the property.
If the share is agreed in the property right, Xiaohong needs to pay Xiaoming the corresponding down payment. If there is no agreed share, it is equal to * * * with * *.
Situation 7: Xiaoming and Xiaohong buy a house in full before marriage, and the names of Xiaoming and Xiaohong are written on the real estate license.
This situation is the same as situation 6. If there is a * * * or a * * * or a * * *, it is necessary to clarify their respective shares according to * * *. In reality, their respective shares are generally agreed according to the proportion of capital contribution. So everyone has nothing to talk about. When dividing the property, divide it according to the share.
Situation 8: Before marriage, two people borrowed money to buy a house, and their names were written in the real estate license.
The property right situation is the same as situation 7. Repayment is the same obligation of both parties. If you break up, you can change lenders at the bank to solve the follow-up repayment problem.
Situation 9: Xiaoming's parents pay the money, and the names of Xiaoming's parents are written on the real estate license.
In this case, there is no doubt that the property rights must belong to Xiaoming's parents, and have nothing to do with Xiaoming and Xiaohong. However, there is a problem. If a loan is needed, Xiaoming's parents should consider whether their age meets the requirements of the bank mortgage loan, and the expenses incurred when Xiaoming inherits or is given this property in the future, and even consider future policy changes, such as collecting inheritance tax.
If the house is a loan and Xiao Ming and Xiao Hong repay it after marriage, Xiao Hong can ask his parents to return it, and share the loan principal and interest paid equally after divorce.
If it is the full payment, it is necessary to stipulate whether there is * * * or * * * and * * * at the time of registration, and to clarify their respective shares according to * * *. If there is * * * with * * *, it will be divided into equal parts in principle, and several people will be divided into several equal parts. But if loans are needed, the question is, can banks operate? Consult the bank for details.
(The above answers were published on 20 17-05-23. Please refer to the actual situation for the current purchase policy. )
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