1. Is there only one person whose name is the joint property of husband and wife on the property certificate of buying a house after marriage?
It is not necessarily common property to write only one name when buying a house after marriage. It needs to be considered in several situations:
First, when buying a house after marriage, writing one party's name belongs to the common property of husband and wife, including:
1. During the marriage relationship, the house jointly purchased by husband and wife, if only one party's name is written on the real estate license, shall be deemed as the joint property of husband and wife.
2. The parents of both husband and wife pay the down payment, and the husband and wife jointly repay the loan. If there is no agreement between the two parties in advance, it is regarded as the joint property of husband and wife, even if only one person's name is written on the real estate license, it is also the joint property.
Second, when buying a house after marriage, those who write one party's name do not belong to common property, including:
1. 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 be regarded as a gift to only one parent's children according to the provisions of the Marriage Law, and the property should be regarded as the personal property of the husband and wife.
2. If the down payment paid by one spouse is their pre-marital property, and there is evidence that the source of funds is their own name on the real estate license, it is their personal property, otherwise it will be regarded as the joint property of husband and wife. However, unless the husband and wife have an agreement.
3. The real estate purchased by both parents should be registered in the name of one child. Unless otherwise agreed by the parties, the property can be regarded as shared by both parties according to their respective parents' share of capital contribution.
2. What are the joint property and personal property of husband and wife?
civil law
Article 1062 The following property acquired by husband and wife during the marriage relationship is the joint property of husband and wife, which is jointly owned by husband and wife:
(1) Wages, bonuses and remuneration for labor services;
(2) Income from production, operation and investment;
(3) Income from intellectual property rights;
(4) Inherited or donated property, except as provided for in Item 3 of Article 1063 of this Law;
(5) Other property that should be jointly owned.
Husband and wife have equal rights to dispose of common property.
Article 1063 The following property is the personal property of one spouse:
(1) one party's premarital property;
(2) Compensation or compensation obtained by one party for personal injury;
(3) Property that is determined to belong to only one party in the will or gift contract;
(4) Daily necessities used exclusively by one party;
(five) other property that should be owned by one party.
To sum up, as long as there is no other agreement, buying a house after marriage can generally be recognized as common property. As long as it belongs to the property saved after marriage, it belongs to both parties. Therefore, before getting married, you can recognize what belongs to individuals, so as not to cause any disputes.