The difference between buying a house before marriage and buying a house after marriage
First, how to distinguish between buying a house before marriage and buying a house after marriage?
The biggest legal connection between buying a house and getting married is the identification of marital property. According to articles 17 and 18 of the Marriage Law, property acquired before marriage is personal property, and property acquired after marriage is husband and wife property. In case of divorce, the property of husband and wife will be divided equally, even if the other party didn't spend a penny to buy a house at the beginning.
So if you buy a house before marriage, whoever writes his name in the house will belong to him. If the man buys a house before marriage, it should belong to the man's property before marriage, so if he divorces, the house should belong to the man unless it is notarized by the husband and wife. To buy a house after marriage, if the man pays back the money, according to the new regulations, if both husband and wife are present and the woman wants to sign, then both husband and wife should use the property.
Second, parents invest in buying a house after marriage.
Ms. Yang is about to enter the marriage hall. The man's parents are going to buy a house in full for the wedding, and the woman is responsible for the money for decorating the furniture. Miss Yang is very confused about whether she can write her name on the real estate license. How can we maximize the protection of the woman's marital rights and interests?
Since the other half of Ms. Yang's house was purchased by her parents, Article 22 of the Marriage Law stipulates that if the parents contribute to the purchase of the house before the parties get married, the contribution shall be deemed as a personal gift to their children, except that the parents expressly give it to both parties. After the parties get married, if the parents contribute to the purchase of houses for both parties, the contribution shall be regarded as a gift to both husband and wife, unless the parents explicitly express that it is a gift to one party.
In other words, if the man's parents buy the house wholly, and there is no clear indication that the house is given to both husband and wife, then the house is given to the man, and Ms. Yang has no share. However, if all the parents of the man buy a house after marriage, and there is no clear indication to the man, the house will be given to the husband and wife, which is the joint property of the husband and wife.
Matters needing attention in buying a house with a loan after marriage
* * * Same attribute:
1. If there is no explicit agreement between husband and wife on the house to be purchased during the marriage, and only one person's name is written on the real estate license, it shall be deemed as the joint property of husband and wife;
2. If the property right purchased by both parents is registered in the name of one child, the property can be regarded as shared by both parties according to their respective parents' share of capital contribution, unless otherwise agreed by the parties.
The house bought belongs to husband and wife. At the time of divorce, if one party wants to have the right to use the house, it will be allocated to the other party after evaluation by the evaluation unit; If both parties want to own a house, they will bid; If neither party wants a house, the people's court will auction it and then allocate it.
Property not belonging to * * *:
The property purchased by one parent for their children after marriage, whose property right is registered in the name of the investor's children, can only be regarded as a gift to one of their children according to the provisions of the Marriage Law, and the property should be recognized as the personal property of one spouse.
Matters needing attention in buying a house after marriage in the new marriage law;
* * * Buying a house needs to pay special attention to four aspects. Such as contract signing, mortgage application, transaction transfer, etc., both husband and wife need to be present. In addition, couples also need to study in advance when preparing documents and applying for a mortgage.
1. Both parties to the contract attended in person.
In the process of buying a house, many signing processes are involved, such as signing a sales contract, handling a mortgage, and transferring transactions, all of which require both husband and wife to be present at the same time. In addition to signing the real estate sales contract, both parties need to be present in person when applying for mortgage and handling the transfer formalities. Experts explained that when applying for a mortgage, they sometimes apply in the name of husband and wife, so banks need to review the qualifications of both parties and sign at the same time when handling relevant procedures.
In addition, when handling the transfer formalities, in principle, both parties are required to be present at the same time, because according to the Property Law, whether the property purchased by both husband and wife is owned by * * * or * * * needs to be reflected in the sales contract and then stated in the property ownership certificate, so both parties need to be present to sign and confirm. However, if you can't be present, you must also go through notarization and entrustment procedures and explain the relevant matters clearly.
2. preparing for the exam is the key.
When a husband and wife buy a house together, they need to provide many documents, and none of them can be less. Couples need to provide proof of income when applying for a mortgage. Non-local residents are required to provide local tax payment certificates or social insurance payment certificates provided by both parties for more than 1 year, otherwise it will be handled according to the loan policy for non-local residents. Of course, when applying for a mortgage loan, if one party has a higher income, it will not be a problem to pass the qualification examination and approval, and the other party's income will be
3, the main loan, sub-loan is particular.
As the credit policy has changed, the determination of the main lender and the sub-lender should be based on the actual situation, not simply on the income level. When the husband and wife jointly repay the loan, when determining the main lender and the secondary lender, they must be determined according to the actual situation. Under normal circumstances, in a bank housing loan contract, only one party is regarded as a "lender" (usually referred to as the main lender), and the other party can be regarded as a "* * * lender" regardless of whether the names of both parties are written on the property ownership certificate. When determining the main lender, we should choose the spouse with high and stable income, and pay attention to the age limit, otherwise it will affect the loan term.
In addition, experts reminded that it is necessary to pay attention to changes in credit policies. Non-local residents who cannot provide local tax payment certificate or social insurance payment certificate for more than 1 year shall be treated differently. For example, the increase of mortgage down payment ratio and interest rate will undoubtedly increase the cost of buying a house. Therefore, this factor should be considered when determining the main lender.
The share is fixed in advance.
Husband and wife buy a house together, what is the share of property? It needs to be determined in advance to avoid future disputes. According to the provisions of the Marriage Law: "The property acquired by husband and wife during the marriage relationship shall be jointly owned by husband and wife, unless otherwise agreed by both parties." Therefore, even if the name of the other party does not appear on the real estate license, it does not affect its ownership of the house.
However, at present, there are a few trendy couples whose property is subject to AA system. When buying a house together, you need to consider the issue of property share. According to relevant laws and regulations, the owner can choose the form of * * *, and if * * * and * * * are selected, both parties shall enjoy equal rights and interests; If there are * * * copies, they need to be divided in advance and marked on the property ownership certificate.
5, prospective couples buy a house and re-register.
What needs special reminder here is that there are many prospective couples buying houses together. In order to reduce disputes, experts suggest making some efforts on the registration content of real estate license.
The prospective couple mentioned here refers to those who are about to get married, but have not yet obtained a marriage certificate. During the marriage of husband and wife, it is counted from the date of obtaining the marriage certificate, so buying a house together without obtaining the marriage certificate cannot be regarded as the same property. In this case, if * * * jointly buys a house and both parties make equal contributions, they need to register their names on the property ownership certificate at the same time. If the contribution ratio of both parties is different, although the names of both parties will be registered on the real estate license, the proportion of each party must be stated. There is also a situation that needs to be considered in advance, that is, if only one party contributes, whether to register the name of the other party in the real estate license; If registered, what is the share of the non-investor, and it also needs to be determined and stated in the real estate license.
Experts said that the most undesirable thing is that the investor writes down the name of the other party on the real estate license to show sincerity, which means that he has completely given up the ownership of the house.