First, buy a house in partnership during love.
Both men and women paid the down payment with the same contribution and took out mortgage loans in their names. In fact, only the man is repaying the loan, but the two sides broke up and didn't get married. How to divide the house?
1. The internal relationship is * * *, and the proportional share is determined according to the actual capital contributions of both parties.
2, external relations, are * * * someone's house, renting and selling a house requires two people's consent.
3. If one party wants to acquire all the property rights, it needs to reach an agreement through negotiation and handle the transfer formalities in time. However, if the mortgage is not settled, it is necessary to repay the loan first, and then re-apply for the mortgage, which also involves a series of taxes and fees, which will consume a lot of energy and money.
Note: Be cautious when buying a house in partnership during love, sign a capital contribution agreement and keep the capital contribution certificate.
Second, buy a house before marriage and get a property certificate after marriage. Is the house the joint property of husband and wife?
1. If there is no loan when buying a house, it will not affect the identification of one party's pre-marital property, and the married house will not be transformed into the joint property of husband and wife over time.
2. If there is a loan when buying a house, it will be repaid after marriage, and the property rights will belong to the shares. The part invested by one party before marriage is the property before marriage, and the part repaid after marriage is the joint property of husband and wife.
Note: Keep the house sales contract, mortgage loan contract, payment voucher and bank deposit and withdrawal voucher.
Third, parents contribute to the purchase of houses for their children, especially when one party contributes and the other party does not.
Divided into the following two situations:
1. If there is no evidence to prove the nature of parents' contribution, the gift relationship is regarded as a gift.
2. Lending relationship, in which children borrow money from their parents and make IOUs. After marriage, they are regarded as husband and wife in the same debt.
Note: In order to prevent future disputes, parents should also sign a loan agreement with their children, preferably through notarization.
Fourth, how to identify the ownership of the property purchased by one party before marriage and resold after marriage?
1, still belongs to pre-marital property, but there are problems in the source and division of property during divorce in practice, so relevant evidence should be kept. Such as: housing sales contracts, transfer certificates, avoid multiple households in one line or multiple households in multiple lines.
2. If you buy the house where * * * lives again after the sale, you must keep evidence to prove the changing relationship of the property (such as the flow of funds before and after) in order to obtain legal support.
5. 3% deed tax should be levied on the name added on the pre-marital real estate license.
After the introduction of the new marriage law, it immediately caused a storm of adding real estate licenses. Many couples go to handle this business, but it is divided into two situations: pre-marriage real estate license and post-marriage real estate license. So, what is the difference between them?
1. Pre-marital property certificate with name.
How much property rights have changed, how much tax will be paid.
It is understood that the pre-marital property is added to the spouse's name, and if the two parties have no contractual transfer ratio, according to the regulations, a deed tax of 3% will be levied at half of the market price of the property.
Assuming that the house price of one spouse is RMB 6,543,800+0,000 (subject to the evaluation of relevant institutions), the deed tax is required to be paid if the girlfriend's name is added to the real estate license, which is RMB 6,543,800+0,000 × 50% × 3% = RMB 6,543,800+0,500.
If the property rights are divided in proportion, the two parties will sign an agreement with the real estate department after reaching an agreement, indicating their respective shares and taxing them according to their shares.
6. Matters needing attention in buying a house in the new marriage law are related to the application of property rights owned by * * *.
How to effectively determine the ownership of houses is the most controversial one among many problems at present. It is suggested that both husband and wife can solve the problem of house ownership by applying for house ownership. The so-called * * * property right means that a property has two or more rights subjects, namely * * * people, who enjoy certain benefits to the property according to the size of their shares. * * * Property rights can effectively solve the problem of ownership of housing property rights of both husband and wife.
Before handling the property right of * * * *, both husband and wife should first understand the handling process and materials to be prepared through the real estate agency and the housing management department, and then consult the relevant matters needing attention before handling it.
Generally speaking, newly purchased houses need to submit their ID cards, household registration books, marriage certificates and manuals to the housing authority in the district where they are located before they can handle property rights. Couples who have purchased houses apply for adding * * * property owners, in addition to the above documents, they should also submit the original property ownership certificate. If the house is in the state of mortgage loan, they need to pay off the house payment first, otherwise they can't handle it. In addition, if both husband and wife have property rights before marriage registration, they will be treated as unrelated and need to be treated as house transfer, so there are many taxes, such as deed tax and business tax, which usually account for about 5- 10% of the total house payment.
Seven, suggestions for couples to buy a house before marriage.
If the house is registered in the name of both husband and wife, but the share is not recorded in the property right, and the two sides have not agreed on the share, then according to * * *, one person is half. In litigation, whoever advocates who gives evidence, if there is no agreement, shall be divided according to the actual share of capital contribution. Therefore, when buying a house, don't forget to notarize their respective contributions.
When they are in love, they may not care who pays how much, but the relationship is not protected by law. Once the two people talk about it, it is easy to have disputes over the division of property. Because most couples invest differently in the process of buying a house and decorating, some real estate licenses only write one person's name. If it is difficult to determine their capital contribution in the end, it will easily lead to contradictions.
Generally speaking, the house purchased during the period of love belongs to whom it is registered. If it is purchased by two people together (that is, registered in the names of two people, without obtaining the title certificate, depending on whether it is the names of two people on the house purchase contract), then it will be divided according to * * * *. If the house is registered in the man's name, but the woman has also paid money, then the house belongs to the man when we break up, but the man should return the woman's money. There is a premise here that the woman has sufficient evidence to prove that she has paid the house payment. If there is no evidence, it is difficult to get protection.
Reminder: it is best for couples to buy a house before marriage in a "joint name" way, that is, write their names on the real estate license or the purchase contract. The procedure of "buying a house together" is not complicated. The name and ID number of two people are filled in the column of the purchaser of the house purchase contract. When handling the real estate license, both men and women should submit the relevant documents to the housing management department.
Husband and wife buy a house together before marriage. First of all, ensure that two people share the ownership of the house. In addition, individuals must keep investment evidence or sign an agreement to prove their investment amount or proportion in the house purchase, so as to avoid possible disputes in the future.
When buying a house, whether buying a new house or a second-hand house, the names of two people should be reflected in the real estate certificate, but both parties should negotiate the proportion of real estate shares in advance. Because there are two owners' names on the real estate license at the same time, it is necessary to divide the property rights into large and small, and divide the property rights according to the share in advance. If both parties have paid for the house purchased before marriage, but only one party has a name, and the other party fails to show all the rights of the house in the real estate license or related documents because of embarrassment or fear of affecting their feelings, once the two parties turn against each other, disputes will inevitably arise when dividing the property, which will put this party at a disadvantage. Therefore, it is very important to buy a house together before marriage, which can avoid future real estate disputes.
(The above answers were published on 20 17-0 1-20. Please refer to the actual purchase policy. )
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