1. If the house is registered in the man's name, please refer to Article 10 of the Interpretation of the Supreme People's Government on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China: "One of the husband and wife signs a real estate sales contract before marriage and borrows money from the bank. After marriage, if the property is registered in the name of the down payment payer, the property will be handled by both parties through agreement.
According to the provisions of the preceding paragraph, it cannot be considered that the property belongs to the property registration party, and the outstanding loan is the money paid by the property registration party and the corresponding value-added part of the property. At the time of divorce, one party to the property registration shall compensate the other party according to the principle stipulated in the first paragraph of Article 39 of the Marriage Law.
2. If the house is registered in the woman's name, it will be regarded as the man giving up the right that the house is his personal property, so that the property of the house becomes the joint property of husband and wife. Unless otherwise agreed, both parties have their names when signing the house purchase contract. At that time, I didn't get a certificate. When I borrowed money, I used two people's provident funds and got a certificate. How to define this situation? Thank you!
The key involves down payment, and it is generally believed that whoever pays has it. The provident fund used after marriage (once registered and protected by law), whether owned by one party or both parties, belongs to the joint property of husband and wife. Writing the woman's name should be half of the down payment for the woman, and the house belongs to common ownership.
Second, who owns the house with the down payment before the application and the loan after the application?
Whoever buys a house after marriage, no matter whose name is written on the real estate license and who pays more down payment, the house belongs to the joint property of husband and wife. _ However, if the funds for buying a house come from inheritance or will gift, the will or gift contract determines that the property belongs only to the husband or wife and is the property of the husband and wife.
20211/The Civil Code came into effect and the Marriage Law was abolished at the same time. 1. Who owns the property after obtaining the certificate? Whoever buys a house after marriage, no matter whose name is written on the real estate license and who pays more down payment, the house belongs to the joint property of husband and wife. However, if the funds for buying a house come from inheritance or gift, the will or gift contract determines that the property belongs only to the husband or wife and is the property of the husband and wife. If the down payment is paid before marriage and the rest is mortgaged, the name of one party (or one parent) is listed in the real estate license. The real estate itself is an individual's pre-marital property, but the mortgaged part paid after obtaining the certificate belongs to the joint property of the husband and wife and can be divided when divorced. Two. Related laws Article 1062 of the Civil Code (effective since 200211) 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) 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; (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) the property of one spouse before marriage; (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. Obviously, the property purchased after obtaining the license should be divided according to the common property, and the house purchased after marriage, although there may be only one name on the real estate license, must also be treated as the common property, because the house was purchased after marriage.