Analysis of the difference between buying a house after marr
premarital marriage after buying a house difference
First, how to distinguish between pre-marriage to buy a house and buy a house after marriage?
Buying a house in the law and the biggest link between marriage is the identification of the husband and wife joint property, according to the Marriage Law 17, 18 It is stipulated that the property obtained before marriage is personal property, and the marriage is acquired as the joint property of the husband and wife, and if the husband and wife joint property is divorced, it is divided into half of the other party, even if the other party did not spend a penny on the house.
Thus, whoever buys a house before marriage and who the name of the house is written belongs to whom. Before the marriage, the man buys a house and should belong to the man's pre-marriage property. Therefore, if the divorce, the house should belong to the man, unless the house is notarized as a joint property of the husband and wife; if the house is bought after marriage, if the man pays the money, when the real estate license is issued, according to The new rule is that if both spouses are present and the woman is to be present at the scene, then the spouses should share the property.
Second, after marriage, parents invested to buy a house
Ms. Yang is about to enter the marriage hall, the man's parents are ready to marry the whole money to buy a house, the woman is responsible for the decoration of the money, Miss Yang confused real estate license can write her name? And how can we maximize the protection of the woman's marital rights?
Because the other half of Ms. Yang's parents are wholly-owned, the Article 22 of the Marriage Law states: Before the marriage, if the parents pay for the purchase of the house by both parties, the contribution should be recognized. A personal gift to your child, except where the parent expressly gives the gift to both parties. After the parties have married, if the parents contribute to the purchase of the house by both parties, the contribution shall be deemed to be a gift to both spouses, unless the parents expressly express the gift to the other party.
That is to say, if the man’s parents are wholly-funded for the purchase of the house, and there is no clear indication that the house is a gift to the husband and wife, then the house is given to the man, and Ms. Yang has no share. However, if the married man’s parents buy a house wholly after marriage, and there is no clear indication that it is given to the man, the house is given to the husband and wife and is the joint property of the husband and wife.
Loans to buy a house after marriage
1. In the house purchased during the marriage of husband and wife, if the husband and wife do not expressly agree, only one of the names of the person should be written on the real estate certificate, which should be recognized as the joint property of the husband and wife;
2. If the real property purchased by the parents of both parties is purchased and the property rights are registered under the name of one of the children, the real property may be deemed to be shared by the two parties according to the share of the parent's contribution, unless otherwise agreed by the parties.
The house to be bought is owned by the husband and wife. When one party wants to have the right to use the house at the time of divorce, the evaluation unit evaluates and then distributes to the other party; if both parties want to own the ownership of the house, both parties bid; if neither party wants The house, the court conducts the auction and then distributes it.
Not belonging to the common property:
After the marriage, the real property purchased by the parent to be purchased by the parent, the property right registered under the name of the investor’s child, can be regarded as a gift only to one of the children of the child according to the provisions of the Marriage Law. The real property should be recognized. The personal property of a spouse.