Nowadays, although housing prices remain high, but after all, housing is closely related to marriage and education, so over the years, housing is still a topic of concern to people, even if after buying a house, they will become a "house slave", and they are troubled by various work chores every day, and many people still can't give up the idea of buying a house.
However, in terms of buying a house, the ownership of the real estate certificate has always been the focus of people's attention, especially for couples who have entered the marriage, and there are constant disputes over the right to sign the real estate certificate.
Many young people still feel that as long as the title deed has their own name, it means that they have the ownership of the house. In fact, with the implementation and continuous improvement of the rules and regulations of the Civil Code in mainland China, the signature on the real estate certificate can no longer determine the ownership of the house, but these four "new regulations" clearly express the ownership of the house.
01.
Buy a house in full before marriage
If the house was purchased in full by either party before the marriage, then the house is a pre-marital property, and even if the relationship breaks down and the divorce ends in the future, the house still belongs to the buyer.
In real life, many people mistakenly think that even if the man buys a house in full before marriage, as long as he adds his name to the real estate certificate after marriage, then the house belongs to the husband and wife, and he also has half of the property rights of the house.
In fact, in accordance with the relevant laws and regulations. Whether it is after or before marriage, as long as the house is purchased by one party in full and the other party does not contribute any money, then even if the name of the other party is added to the title deed, the ownership of the house still belongs to the paying party.
However, if the parties have notarized it after the marriage and clearly state that the house is jointly owned by both parties, then the house belongs to the joint wealth of the parties and must also be divided jointly after the divorce.
02.
The husband and wife repay the mortgage together after marriage
Some young people have made a down payment to buy a property before marriage, but the mortgage has not been paid off. Moreover, after getting married, both husband and wife participate in the joint repayment of the loan, so in this case, who will own the house in the future?
According to the current regulations, the ownership of the house still belongs to the party who paid the down payment. If the husband and wife break up in the future and can only end in divorce, then when it comes to the division of property, it can only divide the part of the joint repayment of the mortgage and the appreciation of the house after the marriage of the two people.
The party who made the down payment only needs to repay the split in cash to the other party. Ownership of the house still belongs to the down payment party.
03.
The property purchased by the parents
Nowadays, in order to reduce the pressure on their children, most of the elderly will buy a wedding house for their children. In view of this situation, once it comes to the division of the house in the future, there are two main situations.
1. A house purchased by one of the parents before/after marriage
Whether before or after marriage, as long as one of the parents buys a house for their children, then the ownership of the house belongs to the children of the buyer.
2. A house purchased jointly by both parents for their children
If the house is purchased by both parents, then the house is the joint property of both parties. However, this does not mean that in the future, the division of property will necessarily be divided according to 55, and it also needs to be divided according to the proportion of the contribution of both parents. For example, if the woman contributes 60%, then in the future, the woman will naturally have to follow this ratio.
04.
After marriage, the couple buys a house together
Nowadays, there are many couples who do not have the support of their parents, and the house is purchased after marriage through the joint efforts of two people, so the house belongs to both husband and wife.
However, it is worth mentioning that in real life, there are many men who think so. They feel that although the house was bought after marriage, the woman has been washing laundry, cooking, and taking care of the baby at home since marriage, and has not participated in the work and has not earned any income. And the money to buy a house is earned by oneself through hard work, so even if you divorce in the future, the house should belong to you and has nothing to do with the woman.
In fact, according to the relevant regulations, whether it is the full payment after marriage or the mortgage, regardless of whether the woman spends cash to participate in the purchase of the house, as long as the house is purchased after the marriage, it belongs to the husband and wife.
However, there are two things that must be understood in advance:
1. The name of the husband and wife is registered in the real estate certificate: the house belongs to the joint property of the husband and wife at this time;
2. The name of one of the husband and wife is registered in the real estate certificate: unless it is clearly agreed that the property is owned by one of the husband and wife, the house belongs to the joint property of the husband and wife;
In other words, if there is no special agreement that the house purchased after marriage belongs to one party, then the house purchased after marriage is the joint property of the husband and wife.
Wan Ziwen said: Every word of the article was typed out by me, and I clicked "watching" to let me know that you are also "doing your best" for life.