Does buying a house before marriage belong to the same property?
1. Does buying a house with a pre-marital loan belong to the joint property of husband and wife?
According to the new marriage law, one spouse signs a contract for the sale of real estate before marriage, pays the down payment with personal property and borrows from the bank. If the real estate is registered in the name of the down payment payer after marriage, the real estate can be recognized as the personal property of the real estate owner at the time of divorce, and the unpaid part of the loan is the personal debt of the real estate owner.
Second, pre-marital loans * * * After marriage, deal with the real estate according to the agreement of loan repayment.
According to the judicial interpretation of the Marriage Law, one spouse signs a contract for the sale of real estate before marriage, pays the down payment with personal property and borrows money from the bank, and repays the loan with the same property after marriage, and the real estate is registered in the name of the down payment payer.
At the time of divorce, the property is handled by mutual agreement. If no agreement can be reached in accordance with the provisions of the preceding paragraph, the people's court may decide that the real estate belongs to the party with registered property rights, and the unpaid loan is the personal debt of the party with registered property rights. after marriage
* * * At the time of divorce, the payment due to the repayment of the loan and the corresponding property appreciation part shall be compensated to the other party by the party handling the property right registration in accordance with the principle stipulated in the first paragraph of Article 39 of the Marriage Law.
3. Do buying a house before marriage and getting a license after marriage belong to the same property?
Before marriage, one party has bought a suite, and it was only after one year of marriage. Does this house belong to the joint property of husband and wife? This house is not marital property. First of all, the house is not the wealth acquired during the existence of the relationship between husband and wife.
Production. The spouse has invested in the purchase of the house before marriage, and completed the necessary elements for obtaining the property right of the house. I didn't get the title certificate of the house until I married you, but I just gave the property an external proof.
Secondly, the real estate can't be converted into husband and wife property because of your residence. According to the provisions of Article 19 of the Marriage Law: "Husband and wife may agree that the property acquired during the marriage relationship and the pre-marital property shall belong to each other.
All or part of it belongs to oneself, and part belongs to the same. The agreement shall be in writing. "Accordingly, in order to turn the spouse's premarital property into the joint property of husband and wife, there must be a written agreement between the two parties. If there is no written agreement or agreement,
If it is not clear, the property will not change because of marriage and the length of your residence.
Fourth, how to deal with the property invested by parents after marriage?
According to the judicial interpretation of the Marriage Law, if the property purchased by one parent for their children after marriage is registered in the name of the investor's children, it can be considered as only for their own children according to the provisions of Item (3) of Article 18 of the Marriage Law.
As a gift from one party, the property shall be deemed as the personal property of the husband and wife. If the property right of the property purchased by both parents is registered in the name of one child, the property can be regarded as the property purchased by both parents according to their respective share of capital contribution.
There are * * * copies, unless otherwise agreed by both parties.
This explanation
It also stipulates that before the parties get married, if both parents contribute to the purchase of a house, the contribution shall be recognized as a personal gift to their children, unless the parents explicitly express that it is a gift to both parties. After the parties get married, parents buy for both parties.
If the contribution is made by the house, the contribution shall be regarded as a gift to both husband and wife, unless the parents explicitly express that it is a gift to one party. Capital contribution here refers to full capital contribution. If the parents only pay the down payment, the property rights are registered in the children's name, only
It is a personal gift for children (principal+appreciation). If it is registered in the name of both husband and wife, it certainly belongs to * * *. If there is no share agreement, it is regarded as * * * and * * *.
Precautions for buying a house before marriage
First, the real estate license department should conduct full consultation before buying a house.
According to the provisions of the new marriage law, the property before marriage belongs to each other and will not be converted into the joint property of husband and wife because of the continuation of the marriage relationship, unless otherwise agreed. Property purchased before marriage, if both parties have money, has only one surname.
Name, because the other party is embarrassed or afraid of affecting the feelings of two people, and does not reflect all the rights of the house on the real estate license or related documents, then once the two sides turn against each other, they will divide the house and make
This party is at a disadvantage.
When buying a house, whether it is buying
For new houses or second-hand houses, the real estate license can reflect the names of two people, but both parties should negotiate the proportion of real estate shares in advance. Because when there are two owners' names on the real estate license at the same time, it is necessary to divide the size of property rights.
After the property rights are divided by shares, both parties can enjoy the rights or undertake the obligations for the property of * * * according to their respective shares, so there will be no disputes.
2. The purchase price contributed by both parties is clearly agreed.
Young people may not have enough savings to buy a house and need the help of their parents. In this case, if two people's names are written on the real estate license at the same time, another agreement will be signed. Because if both sides
After breaking up, in the absence of any agreement and vouchers, the parents' contribution will be considered as a gift to both parties, and the parents have not recovered their contribution. Is it unfair? Therefore, whether it is funded by parents or other parents.
Sponsored by a friend, before buying a house with a loan, the investor's money must be clearly divided. It is best to write an IOU with your parents or relatives and friends to avoid making enemies when you fail to get married.
Third, premarital property needs notarization or agreement.
Couples should be cautious about buying a house before marriage, and property notarization or signing an agreement is a necessary prerequisite for buying a house. Don't get carried away when your feelings are sweet and stable. No one can predict what will happen tomorrow. What if the final marriage is not formed?
Do it. Therefore, it will be stronger to add a legal protection before the promise of love. Before the relationship between husband and wife is determined, you can apply for notarization of pre-marital property or sign an agreement with each other. If there is a dispute over time,
Find evidence to prove it and avoid future real estate disputes.
Fourth, it is best to sign an agreement to repay the loan after buying a house.
At present, banks are particularly strict in approving personal mortgage loans. Unmarried couples borrow money to buy a house. If one party has a bad record (such as maxed out a credit card, unable to repay), it can only rely on the other party.
Party, if the feelings are not harmonious in the future, then the lender will bear this huge "foreign debt" alone. In the actual operation process, it is clear that both parties should sign an agreement under the non-spouse relationship.
The loan rights and obligations of both parties, once one party fails to repay or cannot afford to repay, the other party still has the obligation to repay the bank.
5. For the case of deciding to transfer ownership after buying a house before marriage, if the above channels are adopted, then both parties need to agree before they can be punished according to law.
Buying a house is a major event in life. Nowadays, many young people will buy a house and set up a new home before marriage, but there are many ways to buy a house before marriage. One party bears it alone, or both parties bear it together, or even parents bear it together. So it is better to find out whether buying a house before marriage belongs to the same property.
(The above answers were published on 20 16- 12-30. Please refer to the current actual purchase policy. )
When buying a new house, go to Sohu Focus.