Buy a house to buy a house before marriage is real estate license or common property


jiugetoutiao· 2016-11-20 08:58:53

before and after marriage buy real estate owned problem has always been the focus of people's attention, this is not a netizen A recently encountered a problem into 360 Jun: Premarital mortgage consulting pay their own Shoufu, loan contract, made after the real estate license, so divorce house is personal property or the joint property of husband and wife? The users of A, is actually a time effect on the real estate license real estate division, that is the marriage property classification standard. Melting 360 mortgage Junlai for everyone to talk about the divorce property distribution of the University asked.

", a marriage house made real estate license several

1. marriage party payment, marriage made real estate license

first say users A: their premarital mortgage loans to buy a house, marriage and its repayment it is made in the real estate license, after marriage, only the name of the A on the property certificate.

analysis: A users into 360 mortgage purchase contract has been signed before marriage, said both transactions have been basically reached, the marriage property card is handed over to the natural property, does not affect the ownership of the house. Just after obtaining a marriage license, A used to repay the loan part of the common property of the husband and wife, A spouse can claim the portion of the loan.

here for everyone to look at the popularity of what is the common property of husband and wife

of matrimonial property mainly refers to the specific: the legitimate income of one party or both parties during the marital relationship and the income into the property and property rights. The duration of the relationship between husband and wife shall take effect from the date of registration of marriage to the divorce registration or divorce judgment. The

should include: (a) a couple of their wages and bonuses;

(two) production, operating income;

(three): intellectual property revenue refers to the period from the marriage, actual or property has been clearly can obtain benefits;

(four) inheritance or acceptance the gift of property;

(five) under the name of military demobilization fees, self employment charges a one-time costs, the existence of marriage years multiplied by the average amount of income of

; (six) a party to personal property investment gains;

(seven) actually obtains or should obtain housing for both men and women subsidies, housing provident fund;

(eight) actually obtains or should obtain both men and women pension and the settlement compensation

A so users in the marriage period Wages and bonuses and other income is a common property of husband and wife.

2. one party to pay all the money back limit, before getting a real estate license

friends B marriage before the whole paragraph to buy a house, get a real estate license before marriage, the property certificate is only B a person's name.

melting 360 mortgage analysis: this relatively simple, B with their premarital personal property to buy property and ownership of housing, housing has been completed and the delivery of property value, even if the divorce, the other did not qualify for division of property.

Click to read a picture to tell you: who is the first marriage in the end who?

3. after marriage, the two sides jointly funded the purchase, the divorce has not yet obtained a real estate license

users C in the marriage followed by his wife jointly funded the purchase of real estate, but also did not get a real estate license.

into 360 mortgage analysis: if the user C in the absence of all 1629 divorce, according to the interpretation of the "marriage law" (two) twenty-first, belonging to the people's court ruling should housing ownership, should be based on the actual situation used by the ruling party. That is to say without obtaining the certificate of title, the court is not ruling house property who, according to the actual situation of the parties can negotiate or to use right. After obtaining housing ownership, the controversial can be sued to the court.

two, plus real estate license after not necessarily to half of the property in this

to remind everyone that the marriage party for the purchase of real estate, marriage and other party name can enjoy half of real estate. In fact, although it is determined to add the name of the real estate share, but not necessarily 1/2, after marriage, property identification, divorce property distribution ratio is determined by a certain practical factors.

three, marriage property standards and court principle

marriage property identification and distribution proportion, according to the purchase transaction time, marriage registration time, investment, property registration and other comprehensive factors determine. In the actual handling of real estate disputes in divorce cases, the court will be based on the results of the consultation between husband and wife as a standard, the negotiation can not be based on the above factors to judge the house belonging.

source: financial 360 mortgage

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