With the increasing awareness of crisis, many couples will consider the future disposal when building a comfortable nest before marriage. What will happen to the house once Lao Yan is separated? What should I do with the money to buy this house? What if my name is not on the contract?
Case 1
A house purchased by one party before marriage will never become the same property.
Miss Guan: My boyfriend and I are going to get married in June+10 next year. We took a fancy to a house in Cheng Nan, but the supply of this house is in short supply. We will sign the contract at the end of this month. We intend to pay off the repayment in one lump sum, but the funds are not enough, so we have to borrow 6,543,800 yuan from my boyfriend's brother, and I will pay back the debt. I wonder, can I write two names when signing the contract? If I write my name, is the house my personal property or the property after marriage? I also heard that even if only one person's name is written now, this property will become husband and wife's property in six years. Is that so?
Lawyer: When buying a commercial house, you can write two people's names on the purchase contract. You just need to fill in the buyer's name and ID number when signing the contract. When handling the real estate license, both of them should submit relevant documents to the Housing Authority. However, since Miss Guan and her boyfriend are not married, they should be notarized according to the regulations. When notarizing, Miss Guan should bring her ID card, purchase contract, payment invoice, agreement drafted by both parties and other documents.
If only Miss Guan's name is written in the contract, then this house should be regarded as Miss Guan's personal property after marriage. According to the marriage law, no matter how many years after marriage, this property belongs to Miss Guan. As for the 6,543,800 yuan borrowed by Miss Guan from her boyfriend and brother, if the borrower writes Miss Guan's name, it should belong to Miss Guan's pre-marital debt and should be repaid by Miss Guan independently.
Case 2
If there is only one name in the contract, you can rename the contract.
Miss Liu: My boyfriend and I are going to buy a house in Dongcheng. My boyfriend pays the down payment, and only his name is written in the contract, but I will help him pay the monthly payment before and after marriage. We may not consider getting married until a year later. How can I protect my rights?
Lawyer: This property belongs to Miss Liu's boyfriend personally, and the property right does not have Miss Liu's share. If you want to protect your rights and interests, it is suggested that Miss Liu go through the formalities of renaming the contract before the completion of the commercial house. According to the regulations, before the house is completed, as long as Miss Liu's boyfriend agrees, the buyer can be changed to two people, so that the property right of the house will have Miss Liu's share.
If the house has been completed now, Miss Liu Can will not ask for a name change. In this case, it is suggested that Miss Liu go to the notary office for notarization as soon as possible. Miss Liu Can notarized the property before marriage for the contribution of the house, or agreed on the division and discount of the house at the time of divorce. She can also agree on future contributions (in this case, Miss Liu agreed to pay monthly) as debts, and agree on the repayment method and repayment share of debts.
Lawyer: In addition, unregistered contracts only need to be negotiated with the developer, and the house will become * * * property by adding a new name. If the contract has been put on record, developers can also withdraw the contract and re-sign it through negotiation, but they have to pay stamp duty equivalent to five ten thousandths of the total house price again when handling it. What needs special reminder is that even if the property is notarized before marriage, the property owner still enjoys the right of disposal or mortgage, so it is suggested that Miss Liu get the marriage certificate first, and then apply for the property right certificate.
Case 3
If you buy affordable housing, you can only transfer it after five years.
Miss Lu: My boyfriend and I are getting married soon, and now we are going to buy a set of affordable housing together. Because I don't have a Beijing hukou, I can only register in his name. Is this his pre-marital property? I heard that even if you do a pre-marital notarization, you can only get back the money you contributed. What should I do if I want the property right of the house?
Lawyer: Because Miss Lu doesn't have a Beijing hukou, she can only buy affordable housing in the name of her boyfriend. According to this situation, even if two people jointly contribute, this property is still her boyfriend's pre-marital property and belongs to him personally. If Miss Lu wants to protect her rights and interests, she can take two ways: first, notarize the property before marriage, and specify the proportion of her contribution in the property agreement, so that even if something unpleasant happens in the future, she can get back the money she contributed.
If Miss Lu doesn't want money, but the property right of the house, because it involves affordable housing, I'm afraid I can't go through the formalities of changing the name of the contract like Miss Liu in case 2, and I can only go through the formalities of transfer after the property right certificate is done. But you need to wait until you have lived for five years and paid the transaction tax and 3% of the land transfer fee before you can transfer it. In addition, whether it is affordable housing or commercial housing, as long as the property right certificate has been handled, the property owner can only be changed by means of transfer.
Notarization process
Step 1: The parties prepare the materials. You should bring the following information: 1. Personal identification, such as ID card, household registration book, etc. 2. Proof of property ownership related to the agreed content, such as real estate license, house purchase contract without title certificate, payment invoice, etc. The two sides have drafted an agreement.
Key Tip: The signatures of both parties and the contract date in the agreement are generally required to be blank. After the notary examines and modifies the agreement, they will sign in front of the notary.
Step 2: Fill in the relevant forms in person at the notary office. After preparing the above materials, both parties must go to the notary office for notarization in person and fill out the Notarization Application Form.
Key Tip: Entrusting others to act as agents or personally notarizing premarital property will not be accepted.
Step 3: The notary checks the relevant information. After the notarization application is accepted by the reception notary, the notary will check the contents of the property agreement, prove the property rights, and inquire whether the contracting of the parties has been deceived or misled. After the parties cooperate with the notary to complete the notarization conversation, they shall sign the record for confirmation.
Key Tip: The parties concerned should truthfully answer the notary's questions, and the notary will also inform the parties of their legal obligations and legal consequences after signing the property agreement.
Step 4: After the notary checks the information, both parties sign the prenuptial property agreement in front of the notary.
Key Tip: At this point, the property notarization application procedure has been completed. References:
I found it online.
I hope it helps you.
Wanlinlin