House and marriage, in this era when housing prices rise much faster than wages, it is no longer clear which one is more important. Buying a house may be the largest expenditure in an ordinary citizen's life, and getting married is the most important step in life. From falling in love to getting married, from being single to buying a house, a house has witnessed the unique growth between husband and wife.
Husband and wife are originally like birds in the same forest. When the house comes, they fly separately. Nowadays, more than 80% of the property disputes caused by divorce between couples involve real estate, and some even go to court and end up unhappy. The reason is that it is very expensive to buy a house now, and a house is the most valuable commodity in an ordinary family. Since marriage no longer exists, people are willing to turn against each other to fight for the last couple's property.
So, what is the difference between buying a house before marriage and buying a house after marriage? To this end, the editor has sorted out the following five situations.
1. How to distinguish between buying a house before marriage and buying a house after marriage?
The biggest legal connection between the order of buying a house and marriage is the recognition of joint property between husband and wife. According to Articles 17 and 18 of the Marriage Law, property acquired before marriage is personal property, and property acquired after marriage is property owned by husband and wife. If a couple has the same property, if they get divorced, they will have to share half of it, even if the other party didn't spend a penny on the house.
Therefore, if you buy a house before marriage, the house belongs to whomever's name is written on it. If the man buys a house before marriage, it should be his pre-marital property. Therefore, in the event of divorce, the house should belong to the man, unless the house is notarized as the joint property of husband and wife. If you buy a house after marriage, if the man still pays for it, you need to apply for the real estate certificate. At that time, according to the new regulations, if both husband and wife are present and the woman is present to sign, then the property should be used exclusively by both husband and wife.
2. Parents contribute money to buy a house after marriage
Ms. Yang is about to enter the palace of marriage. The man’s parents are going to pay the full amount to buy a house for their marriage, and the woman is responsible for the money to decorate the furniture. Ms. Yang is confused whether her name can be written on the real estate certificate? And how can we protect the woman’s marital rights to the greatest extent?
Since it was Ms. Yang’s other half’s parents who fully invested in the house purchase, Article 22 of the Marriage Law states: Before the parties get married, if the parents contribute capital to purchase a house for both parties, the capital contribution shall be deemed to be personal to their children. Gifts, unless the parents expressly express the gift to both parties. After the parties get married, if their parents contribute capital to purchase a house for both parties, the capital contribution shall be deemed as a gift to both husband and wife, unless the parents expressly express the gift to one party.
In other words, if the man’s parents have fully contributed to the purchase of the house and have not made it clear that the house is given to the couple, then the house is given to the man alone and Ms. Yang has no share. However, if the house is purchased entirely by the man’s parents after marriage and it is not clearly stated that it is given to the man alone, the house is given to the couple and is the joint property of the couple.
3. During the relationship, *** both contributed money to buy a house in the name of one party. How to deal with the house after the breakup?
On February 15, 2012, Zhang (male) and Li (female) met through the Internet and established a relationship. On March 18, 2012, both parties agreed to purchase a house together for the purpose of marriage. Since Li had not purchased a house before and could enjoy the first-home policy, the two parties agreed to purchase the house in Li's name. However, the good times did not last long. During the relationship, Zhang and Li had great differences in personality and constant conflicts. The two parties terminated their relationship in May 2012. However, no agreement was reached on how to divide the house that was originally used for the wedding. Li refused to return the purchase price paid by Zhang on the grounds that it was a gift from Zhang during their relationship.
In this regard, legal experts said that the purpose of the two parties’ house purchase should not affect the legal nature of the two parties’ house purchase behavior, and the nature of Zhang’s payment should be determined regardless of the romantic relationship between the two parties. Although there is no written agreement between Li and Zhang, there is obviously a pre-marital house purchase agreement. Purchasing a house in the name of Li and having both parties jointly contribute capital are all part of the terms of the house purchase agreement. Since the ownership of the house is registered in Li's name, it should be recognized as Li's personal property, but this does not affect the validity of the agreement between the two parties to jointly contribute to the house purchase.
The termination of ***'s house purchase by Zhang and Li is actually the termination of ***'s house purchase agreement. Zhang can ask Li to restore the original status and return Zhang's purchase money.
4. During the relationship, *** both contributed money to buy a house in the name of one party. How to deal with the house after the breakup?
A couple Zhang and Sun who were planning to divorce recently had a dispute and filed a lawsuit over the division of their property. It is understood. In 2004, Zhang and Sun got married. But 10 years later, they both felt that the marriage was no longer necessary and decided to divorce. But when the two divided their property, they discovered that the real estate issue had become a problem.
After Zhang and Sun got married, they lived in a house bought by the husband Zhang with a loan. This was their only property. Zhang believes that the property is a house purchase contract signed by him before marriage, and he also paid the down payment. Therefore, the property belongs to his pre-marital property and has nothing to do with Sun.
Sun believes that although the down payment for the property was paid by Zhang personally before marriage, the down payment only accounted for 20% of the property at that time, and the remaining 80% of the house payment was a loan, which was paid after the two got married. * Both repay the property, so the property is marital property and she has half of it. The current price of the house has increased from 500,000 yuan to 1.4 million yuan. If Zhang wants a house, she has to give her 700,000 yuan.
How should this house be allocated? Lawyer comments: Article 10 of the "Interpretation of the Marriage Law (3)" stipulates: A couple signs a real estate sales contract before marriage, uses personal property to pay the down payment and takes a bank loan, and uses the marital property to repay the loan after marriage. The real estate is registered in the name of the party who paid the down payment. Under the circumstances, if the two parties cannot reach an agreement at the time of divorce, it can be ruled that the real estate belongs to the party who registered the property rights, and the unpaid loan is the personal debt of the party who registered the property rights. According to the principles stipulated in relevant laws, the party registering property rights shall compensate the other party.
In this case, the house was awarded to Zhang, and the repayment part of *** was treated as a creditor's right and debt. The value-added part was divided according to the repayment ratio of both parties after marriage. Zhang needs to divide *** in proportion. The repayment part and the appreciation of the house will be compensated to Sun, and he will bear the repayment obligation for the remaining loan in the future.
5. During the relationship, *** both contributed money to buy a house in the name of one party, how to deal with the house after the breakup
Recently, Mr. Zou and his wife got divorced. The biggest dispute between them was the wife’s name. a property. The property was purchased by Mr. Zou’s wife before her marriage. The purchase price was jointly paid by his wife and her parents, and there was no loan. However, the property ownership certificate was not obtained until Mr. Zou and his wife registered their marriage. In this regard, Mr. Zou believes that the real estate is subject to registration. Since the property ownership certificate was obtained by the two people after their marriage, it should be the income obtained during the marriage, so it should be divided according to the joint property of the husband and wife. But his wife disagreed. She believed that the property was her personal property before marriage and had nothing to do with Mr. Zou.
Comments: To judge the ownership of a house, it is not only about when the property certificate was obtained, but more importantly when and who paid the purchase price, because paying the purchase price is the essential requirement for obtaining the property rights of the house. The real estate certificate is a formal requirement for obtaining house property rights. In this case, Mr. Zou’s wife had purchased the house involved before the marriage, indicating that the substantive requirements for obtaining the property rights of the house had been completed before the marriage. Obtaining a property rights certificate after marriage only provides formal proof of the substantive requirements that already exist. Of course, for the property before and after marriage, the husband and wife can agree in writing who will own it, but Mr. Zou and his wife did not have an agreement. Therefore, the house cannot be divided as joint property between husband and wife.
From the moment they first meet to the time they get married, they have to go through multiple trials of interests, feelings, lifestyles, etc. The house is important, but if two people choose to firmly maintain their hard-won fate, the house will be theirs. Become a lasting witness of love, why not? Or notarize the property before marriage, write the names of both parties on the real estate certificate, and treat the joint property of the husband and wife rationally, which will reduce a lot of unnecessary troubles and give both parties a happy ending for their relationship.
(The above answer was published on 2015-06-10, please refer to the actual relevant current home purchase policies)
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