Many men and women will choose to have a house before they get married, so that they can be used as a wedding room in the future. The following are five signatures corresponding 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 personal property before marriage. According to the new civil code, this part of the property does not have any 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.