Dalin signed a contract for the sale and purchase of the house before getting married and paid the full amount, but only got the title deed after the marriage. Is this house the personal property of Dalin or the joint property of the husband and wife?
(Litigation lawyer Zhang Ying) - In principle, it belongs to Dalin's personal premarital property.
Article 1065 of the Civil Code provides that a man and a woman may agree that the property acquired during the marriage relationship and the property before the marriage shall be owned separately or jointly, or partly separately and partly jointly. The agreement shall be in writing.
The registration of the ownership of the house after marriage is only the publicity and confirmation of the purchase of the house before the marriage, and the house purchased by Dalin before the marriage but obtained the property right after the marriage belongs to the personal property of one of the parties and is not converted into the joint property of the husband and wife due to the continuation of the marriage relationship. However, unless the husband and wife have agreed otherwise on premarital property, as long as the agreement is legal and valid, it is legally binding on both parties.
The Civil Code - an encyclopedia of social life
Broadcast Production: Guo Lan
Article source: Original Jilin News Comprehensive Broadcasting
Editors: Guo Lan, Zixin
Review: Huai Nan
Producer: Zhao Min, Zhong Xiao
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