The ancients said: "The homeless has his house." "The house, in the hearts of the Chinese, is not only a simple combination of four walls and a roof, it is also a symbol of home, the foundation of life, and the harbor of the soul.
However, in modern society, with the continuous improvement of the legal system and the improvement of people's legal awareness, the name on the real estate certificate is no longer the only factor that determines the ownership of the house.
So, in the complex and ever-changing legal environment, how should we view the relationship between the name on the real estate certificate and the actual ownership of the house, and how should we reasonably plan and protect our real estate rights and interests according to the new legal provisions?
01
Traditionally, people think that the name on the title deed represents the ownership of the house. However, according to the latest legal provisions, this perception needs to be updated.
If the house was purchased in full by either party before the marriage, then the house is considered the purchaser's pre-marital property. This means that even after marriage, the ownership of the house remains with the purchaser, regardless of whether or not the other party's name is added to the title deed.
This may be a new realization for many people, but it is indeed an important provision in our legal system.
Of course, if the parties have notarized it after the marriage, making it clear that the house is jointly owned by both parties, then the house becomes the joint wealth of both parties. In this case, if the parties are divorced, the house also needs to be divided jointly according to the notary agreement.
02
In real life, many young people have paid a down payment for a home before marriage, but the mortgage has not been paid off. After marriage, it is common for both spouses to participate in the repayment of the loan.
In response to this situation, the new legal provisions also make it clear that the ownership of the house still belongs to the party who paid the down payment. This is because the down payment usually accounts for the majority of the cost of buying a home, so the law considers the down payment payer to have a greater interest in the home.
If the husband and wife divorce, when it comes to the division of property, only the part of the mortgage that is jointly repaid after the marriage and the part that increases in the value of the house can be divided.
The down payment payer is required to repay the other party in cash according to the value of the split portion. Such a provision not only protects the rights and interests of the down payment payer, but also recognizes the joint contribution of the other party to the mortgage after marriage.
03
In modern society, many parents will choose to buy a wedding house for their children in order to help their children reduce their financial pressure. In response to this situation, the new legal provisions also make clear provisions.
If the house is purchased by one of the parents, the ownership of the house belongs to the children of the buyer, whether before or after the marriage. This is because the parent's contribution to the purchase of the house is considered a gift to the child, so the ownership of the house naturally belongs to the donee.
If the house is purchased with joint funds from both parents, then the house is joint property of both parties.
However, when dividing property, it is not simply handled according to the split account. The proportion of the division needs to be divided according to the actual proportion of the contribution of both parents. Such a provision not only reflects the fairness of the law, but also respects the willingness of both parents to contribute.
04
For many young couples who do not have the support of their parents, it has become the norm to work together to buy a house after marriage. In this case, the rights and interests of buying a house after marriage are equal, regardless of whether the woman is involved in work or not, whether she has an income or not.
This is because marriage is a community and the property acquired by the spouses after marriage is considered to be joint property. Therefore, the house purchased jointly after the marriage is naturally also the joint property of the parties.
However, it is important to note that if only one party's name is registered on the title deed, this does not mean that the house belongs to that party alone.
Unless otherwise agreed by the parties, the house purchased after the marriage is still considered the joint property of the spouses. Such provisions are intended to protect the rights and interests of the weaker party in the marriage relationship and avoid unnecessary disputes and conflicts arising from the name on the title deed.
With the progress of society and the continuous improvement of laws, our awareness and protection of real estate rights and interests should also keep pace with the times.
By understanding and following the above four "new rules", we can not only clarify our rights and interests in real estate, but also avoid family conflicts caused by unclear real estate rights and interests to a certain extent.
In this society governed by the rule of law, let us use legal weapons to protect our legitimate rights and interests, and jointly build a harmonious and stable family environment. Remember, while the name on the title deed is important, it's more important to understand and follow the law to ensure that your rights are not violated.
Source: Chongqing Selection