Jurisprudence analysis: the name belongs to * * * property, and the unnamed repayment after marriage and the value-added part belongs to * * * property.
Legal basis: Article 1062 of the Civil Code of People's Republic of China (PRC), the following property acquired by husband and wife during the marriage relationship is the common property of husband and wife, which belongs to husband and wife (1) salary, bonus and labor remuneration; (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; (five) other property that should be owned by * * *. Husband and wife have equal rights to dispose of the same property.
Second, the man pays the down payment and repays the loan after marriage. Can I add the woman's name?
Yes, of course, you can add repayment, including your money and your property. If you want to protect yourself, please add your name to your husband.
Third, the man pays the down payment in the wedding room, and both parties repay the loan after marriage. After the woman adds her name, is the property the same property?
Yes, the property before marriage was originally personal property. However, adding the spouse's name to the real estate license after marriage is regarded as a gift from one spouse to the other, otherwise the name cannot be added. At this time, the property is the joint property of husband and wife.
Property jointly owned by husband and wife during the existence of the relationship. The so-called duration of the relationship between husband and wife refers to the period before the husband. During this period, the property acquired by the husband and wife belongs to the property jointly owned by the husband and wife, unless there is an agreement, and the disposition of equal property requires the consent of one spouse.
According to the provisions of Article 9 of the Property Law, the establishment, alteration, transfer and extinction of the real right of immovable property that has been registered according to law will take effect without registration, unless there are provisions.
First of all, it is clear that the purchase of real estate is personal property, so in this case, if you add a name to your spouse, you really have to collect deed tax. "The joint name is the property owned by the individual alone before marriage, and part of the property rights share is transferred to the spouse. According to the transfer registration (gift), the deed tax, transaction fee, contract stamp duty, stamp duty (warrant) and house registration fee are charged. As for the charging standard, the requirements of housing management departments vary from place to place.
Second, add the name program. If you can go through the transfer formalities after the loan is paid off, you can go directly to the local housing management office and bring your personal ID card. If you don't plan to repay the loan in the short term, first go to the loan bank to issue a certificate, indicating that the bank agrees to increase the spouse as the property owner, and then apply to the housing management office for adding the name.
If the other person's name is added to the property before marriage, the property becomes the same property, and he has the right to divide it if divorced.
legal ground
civil law
Article 1062 The following property acquired by husband and wife during the marriage relationship is the common property of husband and wife and belongs to them:
(1) Wages, bonuses and services
(2) Production, management and investment
(3) Income from intellectual property rights;
(except as stipulated in Item 3 of Article 1063 of this Law;
(five) other property that should be owned by * * *.
Husband and wife have the same property,
Detailed Rules for the Implementation of the Provisional Regulations on the Registration of Real Estate
Twenty-seventh due to the following circumstances, the transfer of real estate rights, the parties may apply to the real estate registration agency for transfer registration:
(a) the sale, exchange or gift of real estate;
(2) Real estate investment (shares);
(three) the transfer of real estate rights due to merger, division and other reasons;
(four) the division and merger of real estate leads to rights.
(five) inheritance and bequest lead to the transfer of rights;
(six) * * * someone increase or decrease, and
(seven) the transfer of real estate rights due to the effective legal documents of the people's court and the Arbitration Commission;
(eight) the transfer of real estate mortgage due to the transfer of principal creditor's rights;
(nine) the easement needs to be served because of the transfer of real estate rights;
(ten) the transfer of other real estate rights as stipulated by laws and administrative regulations.
Fourth, the man pays the down payment and pays back the loan together after marriage. The woman asked if the name was appropriate.
Let's talk about how to divide the property without a name after divorce.
The general property belongs to the down payment party, and the remaining loan of the property is the personal debt of the down payment party. However, because the husband and wife use the same property to repay the loan after marriage, the property repaid after marriage belongs to the joint property of the husband and wife, and the value-added part of the property should also belong to the joint property of the husband and wife, and the down payment party should compensate the other party.
And if you add the woman's name, how to divide the property after divorce.
The general property belongs to the joint property of husband and wife, with half of the husband and wife, and the remaining loan is also half of the husband and wife. Under the same conditions and no special circumstances, the woman has a greater chance of obtaining the property ownership, and then the woman compensates the man for winning the share of the property.
Therefore, it is up to you to weigh the pros and cons according to the actual situation, and whether to add the woman's name or not is up to you.