Legal analysis: buying a house by loan after marriage does not necessarily belong to the joint property of husband and wife, but should be judged according to the capital contribution and real estate registration status: 1. If there is no clear agreement between husband and wife, as long as the husband and wife jointly invest in buying a house after marriage, it will be recognized as the joint property of husband and wife. 2. Use one party's personal property to pay the down payment and repay the loan. The name of the party registered on the real estate license belongs to personal property.
Legal basis: Civil Code of People's Republic of China (PRC).
Article 1062 The following property acquired by husband and wife during the marriage relationship is the common property of husband and wife, and is jointly owned by husband and wife:
(1) Wages, bonuses and remuneration for labor services;
(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 in dealing with common property.
Article 1063 The following property is the personal property of one of the spouses:
(1) one party's premarital property;
(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.
Article 1065 A man and a woman may agree that the property acquired during the marriage relationship and the pre-marital property shall be owned separately or jointly, or partially or jointly. The agreement shall be in writing. Where there is no agreement or the agreement is unclear, the provisions of Articles 1062nd and 1063rd of this Law shall apply.
The agreement between husband and wife on the property acquired during the marriage relationship and the property before marriage is legally binding on both parties.
The husband and wife agreed that the property acquired during the marriage relationship should be owned by each other, and if the other party knows the agreement, the personal property of the husband and wife should be used to pay off the debts owed by the husband and wife.
Second, whether the mortgage after marriage belongs to the joint property of husband and wife?
1. Belonging to common property
1. If there is no explicit agreement between husband and wife on the house to be purchased during the marriage relationship, and only one party's name is recorded in the real estate license, it shall be deemed as the joint property of husband and wife;
2. If the property right purchased by both parents is registered in the name of one of the children, the property can be regarded as shared by both parents according to their respective share of capital contribution, unless otherwise agreed by the parties.
The house bought is jointly owned by husband and wife. At the time of divorce, if one party wants to have the right to use the house, it will be allocated to the other party after evaluation by the evaluation unit; If both parties want to own a house, they will bid; If neither side wants a house, the people will auction it and distribute it.
Second, it does not belong to common property.
The property purchased by one parent for their children after marriage, whose property right is registered in the name of the investor's children, can only be regarded as a gift to one of their children according to the provisions of the Marriage Law, and the property should be recognized as the personal property of one spouse.
Third, matters needing attention in buying a house after marriage
There are four aspects that need special attention when buying a house together. Such as contract signing, mortgage application, transaction transfer, etc., both husband and wife need to be present. In addition, the preparation of documents for husband and wife to buy a house together and the application for mortgage also need to be studied in advance.
1. Both parties to the contract attended in person.
In the process of buying a house, many signing processes are involved, such as signing a sales contract, applying for a mortgage, and transferring transactions. Both husband and wife need to be present at the same time. In addition to signing the real estate sales contract, both parties need to be present in person when applying for mortgage and handling the transfer formalities. Experts explained that when applying for a mortgage, they sometimes apply together in the name of husband and wife, so the bank needs to review the qualifications of both of them and sign them at the same time when handling relevant procedures.
In addition, when handling the transfer formalities, in principle, both parties are required to be present at the same time, because according to the Property Law, whether the property jointly purchased by husband and wife is shared or shared by shares needs to be reflected in the sales contract and then stated in the property ownership certificate, so both parties need to be present to sign and confirm. However, if you can't be present, you must also go through notarization and entrustment procedures, and explain the relevant matters clearly.
2. preparing for the exam is the key.
When a husband and wife buy a house together, they need to provide many documents, and none of them can be less. Couples applying for a mortgage together need to provide proof of income. Non-local residents are required to provide local tax payment certificates or social insurance payment certificates provided by both parties for more than 1 year, otherwise it will be handled according to the loan policy for non-local residents. Of course, when applying for a mortgage loan, if one of the parties has a high income, it is not a problem to pass the qualification examination and approval, and the income certificate of the other party is not needed.
3, the main loan, sub-loan is particular.
As the credit policy has changed, the determination of the main lender and the sub-lender should be based on the actual situation, not simply on the income level. When the husband and wife jointly repay the loan, when determining the main lender and the secondary lender, they must be determined according to the actual situation. Under normal circumstances, in a bank housing loan contract, only one party is regarded as a "lender" (usually called the main lender), and the other party can be regarded as a "co-lender" regardless of whether the names of both parties are written on the property ownership certificate. When determining the main lender, we should choose the spouse with high and stable income, and pay attention to the age limit, otherwise it will affect the loan term.
In addition, experts reminded that it is necessary to pay attention to changes in credit policies. Non-local residents who cannot provide local tax payment certificate or social insurance payment certificate for more than 1 year shall be treated differently. For example, the increase of mortgage down payment ratio and interest rate will undoubtedly increase the cost of buying a house. Therefore, this factor should be considered when determining the main lender.
The share is fixed in advance.
Husband and wife buy a house together, what is the share of real estate? It needs to be determined in advance to avoid future occurrence. According to the provisions of the Marriage Law: "The property acquired by husband and wife during the marriage relationship shall be jointly owned by husband and wife, unless otherwise agreed by both parties." Therefore, in the process of buying a house together, even if the name of the other party does not appear on the property certificate, it will not affect its ownership of the house.
However, at present, there are a few couples, whose property is subject to AA system, and the issue of property share needs to be considered when buying a house together. According to the relevant laws and regulations, the owner can choose the form of co-ownership, and if they choose co-ownership, both parties enjoy the same rights and interests; If it is shared by shares, it needs to be divided in advance and stated in the real estate license.
5, prospective couples buy a house and re-register.
What needs special reminder here is that there are many prospective couples buying houses together. In order to reduce it, experts suggest making some efforts on the registration content of real estate license.
The prospective couple mentioned here refers to those who are about to get married, but have not yet obtained a marriage certificate. During the marriage of husband and wife, it is counted from the date of obtaining the marriage certificate, so buying a house together without obtaining the marriage certificate cannot be regarded as common property. In this case, if you buy a house together, if it is jointly funded by both parties, you need to register their names on the real estate license at the same time. If the contribution ratio of both parties is different, although the names of both parties will be registered on the real estate license, the proportion of each party must be stated. There is also a situation that needs to be considered in advance, that is, if only one party contributes, whether to register the name of the other party in the real estate license; If registered, what is the share of the non-investor, and it also needs to be determined and stated in the real estate license.
Experts said that the most undesirable thing is that the investor writes down the name of the other party on the real estate license to show sincerity, which means that he has completely given up the ownership of the house.
The relevant information about buying a house after marriage in the new marriage law is shared here. In fact, all these have a vital interest relationship with us, so especially the young couple who plan to buy a house and get married should pay more attention.
3. Is the house bought by loan the common property after marriage?
Legal analysis: buying a house by loan after marriage does not necessarily belong to the joint property of husband and wife, but should be judged according to the capital contribution and real estate registration status: 1. If there is no clear agreement between husband and wife, as long as it is a house invested, it will be recognized as the joint property of husband and wife. 2. The name of one party registered on the property certificate of one party's personal property belongs to personal property.
Legal basis: People's Republic of China (PRC) (China) citizen.
Article 1062 The following property acquired by husband and wife during the marriage relationship is the common property of husband and wife, and is jointly owned by husband and wife:
(1) Wages, bonuses and remuneration for labor services;
(2) production,
(3) Income from intellectual property rights;
(4) Inherited or donated property, except for 1,000 items specified in this Law;
(5) Other property that should be jointly owned.
Husband and wife have equal rights in dealing with common property.
Article 1063 Personal property:
(1) one party's premarital property;
(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;
(5) Others shall belong to one party.
Article 1065: Men and women may agree that the property before marriage shall be owned by themselves, jointly or partially. Where there is no agreement or the agreement is unclear, the provisions of Articles 1062nd and 1063rd of this Law shall apply.
The agreement between husband and wife on the property acquired during the marriage relationship and the property before marriage is legally binding on both parties.
Husband and wife agreed that the property obtained during the marriage relationship belongs to their respective debts. If the other party knows this agreement, it will be paid off with the personal property of the husband or wife.