However, the situation of newcomers is very different and cannot be generalized. Under what circumstances does it not hurt to buy a wedding room and write a personal name?
Whose name should I write when I get married and buy a house? 20 15 several important prerequisites for the new marriage law;
First, whether before or after marriage, the house bought by parents is registered in the name of their children, which is regarded as personal property and does not belong to the joint property of husband and wife.
Second, the house bought before marriage, registered in its own name, belongs to personal property and will not be distributed when divorced.
Third, the house bought before marriage has nothing to do with the appreciation of the house after marriage.
Four, the house bought before marriage, registered in his own name, if both husband and wife have a loan, divorce should consider the other part of the loan compensation.
5. The man bought a house before marriage and sold it without authorization after marriage. If the wife wants to take back the house, the court will not support it.
Six, after marriage, both husband and wife with the same property to participate in the purchase of parents' houses, after divorce, the house belongs to one party's personal property, not to participate in the division of property.
The above are several basic prerequisites for writing a name in a wedding room. Having mastered the basic premise, let's look at the distribution of rights and interests involved in different names-
Whose name should I write when I get married and buy a house? Five signatures correspond to property allocation:
First, write the name of "prospective husband and wife"
With this scheme, the house will be recognized as the property of husband and wife, and the loan will also be recognized as the debt of husband and wife. If there is no other evidence such as "IOUs", the parents' contribution will also be considered as a gift to the couple and belong to both parties. In case of divorce, parents have no right to claim back their capital contribution.
However, if the "prospective husband and wife" do not register to get married after buying a house, but break up, then the "prospective marriage room" will still be considered as the property of both parties, and the loan is also the same debt of both parties. However, if there is corresponding evidence to prove that the parents' contribution is based on the purpose of "prospective husband and wife" getting married, the court will also consider this part of the contribution as a gift with additional conditions, provided that both parties get married. However, if both parties are not married, parents have the right to claim back the money they paid.
Second, write your parents' names.
With this scheme, the house will be recognized as the property of parents, the loan will also be recognized as the debt of parents, and the corresponding appreciation or depreciation will also be enjoyed or borne by parents. However, if the husband and wife repay the loan with their married income, if the two parties divorce, one party cannot claim the house, but the paid loan principal and interest can be claimed by the parents as a loan, requiring them to return it and divide it equally.
Third, write down the names of this man and his parents.
With this plan, the house will be regarded as the property of the man and his parents, and the loan will also be regarded as their debt, and the corresponding appreciation or depreciation will be shared or borne by them. The man's corresponding share of property rights belongs to pre-marital personal property. According to the new marriage law, this part of the property does not produce some results because of marriage.
However, if the husband and wife repay the loan with their married income, if the two parties divorce, the woman cannot claim the house, but she can claim that the paid loan principal and interest are the property of the husband and wife, and ask the man and his parents to return it and divide it equally.
The same is true of the legal consequences of the registration of the title certificate in the name of the woman and her parents.
Fourth, write the names of both parents and "prospective husband and wife"
With this scheme, the house will be recognized as the * * * property of "prospective husband and wife" and their parents, and the loan will also be recognized as their * * * debt, and the corresponding appreciation or depreciation will be shared or borne by these people. If only the married income of the husband and wife is used to repay the loan after marriage, and the two parties divorce, the repaid loan principal and interest can be claimed as the joint property of the husband and wife, and both parents are not entitled to this part of the property.
Fifth, only write the name of the man or woman.
This situation needs to be analyzed from two angles: first, the contribution of one parent or one parent is only registered in the child's name. According to the provisions of the new marriage law, this belongs to the child's personal property before marriage and will not be automatically converted into husband and wife property after marriage. In case of divorce, the property still belongs to the original owner.
However, the income generated by one spouse's personal property after marriage, except fruits and natural appreciation, should be recognized as the joint property of husband and wife. The natural appreciation of the property is also owned by the registrant, but if the property is used for rent after marriage, the rental income is the joint property of the husband and wife.
Secondly, one party or one parent contributes capital, but it is registered in the name of the other party who has not contributed capital. Courts usually consider it a conditional gift. If the two parties are not married, the house belongs to the name of one party listed in the real estate license, but the other party can demand the return of the paid money. If both parties get married, it belongs to the personal property of the next party to the property right certificate.
Whose name should I write when I get married and buy a house? I bought a wedding room and wanted to add a new name. What are the procedures and processes?
The process and cost of adding real estate license
After the introduction of the new marriage law, in order to protect their own interests, both husband and wife and even relatives of all parties hope to add their names to the real estate license. In fact, it is not so easy to add a name to the real estate license, and it has to go through certain processes and procedures.
One: Add your spouse's name.
Add a name between husband and wife, as long as you have a marriage certificate and other relevant documents, you can go directly to the local real estate trading center and the property right change window. The handling process and expenses are divided into two situations:
The first case: there is a house without a loan.
Handling process and expenses:
1. Bring the originals and copies of the three certificates (marriage certificate, ID card and real estate license).
2. Go to the real estate trading center in the area where the house is located, and let you know in the pre-inspection window that you are here to apply for the real estate license and add your spouse's name. The window staff will review the submitted materials, give you a number if the materials are complete, and then take the number to the relevant window.
3. Fee for adding the name of the real estate license: 1 10 yuan handling fee. The details are as follows: 80 yuan production fee, 25 yuan cadastral map fee and 5 yuan sticker fee. If you succeed in 20 days, you can get a new real estate license.
4. You can set a password for the new real estate license, and the real estate trading center will inform you of an initial password, which can be changed later.
The second situation: there is a house and a loan.
Handling process and expenses:
1. Go to the bank to handle the mortgage change procedures first (please consult the bank for details).
2. Fee for adding the name of the real estate license: In addition to the above-mentioned 1 10 yuan, if it is a pure provident fund loan, an additional fee of 100 yuan is required; If the loan is a combination (provident fund+commercial loan), it shall be paid to 200 yuan separately.
3. Other steps are the same as "having a house without a loan".
Two: add the names of parents, children or people who are not directly related.
If you need to add the names of your children or parents, if you are not married or have no lineal blood relationship, you need to add your own name to the real estate license. The situation will be much more complicated, because it will be regarded as a house sale, and the cost of the handling process will be carried out according to the sale of second-hand houses, and each region will be different according to the situation.
Documents required for adding the name of real estate license and matters needing attention:
1. Required documents: real estate license, household registration book, ID card, marriage certificate (marriage certificate or single certificate), and household registration book or birth certificate are required for minor children. In addition to bringing enough documents, you need to prepare copies of various documents.
2. Note: When adding a name to the local trading center, the property owner and the property owner must be present at the same time.