After the marriage law, what is the difference between buying a house before marriage and buying a house after marriage? Who should the house belong to?

Some time ago, there was a famous case in Beijing:

The couple had been married for six years. The houses purchased during the marriage were registered in the name of their wife or two people. Later, they divorced because of emotional discord. At the time of divorce, the court ruled that the two sides should divide the real estate equally.

But after the judgment, the mother-in-law immediately made up a debit note with her son, took the bank transfer voucher of the year, and asked her daughter-in-law to return half of the house purchase money borrowed in the year.

Because the husband himself recognized that the parents' transfer was a loan, and the two old people also provided a bank transfer certificate to prove it, even if the debit slip they took out was signed by their son six years after the transfer, it was still enough to determine the fact of the loan. Moreover, the court further supported the interest agreed on the IOU.

Finally, it was decided that the principal and interest of the loan was the joint debt of the couple and needed to be repaid together. The separation of the couple will not only divide the common property, but also bear the common debt separately.

In fact, the concern of bearing joint debt is far lower than that of divorce and real estate division. Marriage law divides real estate into husband and wife's common property, so the division of real estate should first clarify what husband and wife's common property and the scope of husband and wife's common property.

Article 17 of the marriage law of the people's Republic of China clearly stipulates that the following property acquired by husband and wife during the duration of their marriage relationship shall be jointly owned by husband and wife:

1. Salary and bonus;

2. Income from production and operation;

3. Income from intellectual property rights;

4. Property obtained from inheritance or gift;

5. Other property that shall be jointly owned.

According to the spirit of the interpretation of marriage law (II), the value-added part is based on the income obtained by one party's personal property investment after marriage, which is also regarded as the joint property of husband and wife.

After the marriage law, what is the difference between buying a house before marriage and buying a house after marriage? Who should the house belong to?

1. First distinguish whether the real estate is before or after marriage

Therefore, if you buy a house before marriage, whose name is written on the real estate certificate belongs to who. For example, Xiao Ming and Ruhua are married. Xiaoming bought a house with all his own money before he got married. After Ruhua and Xiaoming got married, Ruhua didn't have a share of the house (unless Xiaoming went to the notary office to notarize that it was the common property of the husband and wife). If Xiao Ming paid for the house in full after he married Ruhua, according to the new regulations, if both parties were present when handling the house property certificate and Ruhua signed on the spot, it would be regarded as the joint property of the husband and wife.

The new marriage is so realistic that whoever pays is whoever. So, girls, don't think that finding a housekeeper will make you feel comfortable. It's none of your business that people have more houses... So it's necessary to learn to be financially independent!

2. Whose parents pay for buying a house?

Due to their lack of financial resources, many families buy houses with the help of their parents. In this case, how does the house count?

For example, Xiao Ming and Ruhua are married. If Xiao Ming's parents bought a house wholly-owned before marriage and did not make it clear that the house was given to the husband and wife, the house would not be like a flower. But!!! If Xiaoming's parents buy a house wholly-owned after marriage and do not clearly indicate that it is given to Xiaoming alone, the house is given to both husband and wife and is the common property of husband and wife.

Do you feel dizzy. In fact, to put it bluntly, it is the difference between before and after marriage. What parents give before marriage is personal, and what parents give after marriage is husband and wife, except for the situation stated.

3. Can you blackmail a house by falling in love?

If you haven't married yet, but both parties jointly funded the house purchase during the love period, how to deal with it after breaking up?

For example, Xiao Ming and Xiao Hua met on a blind date. They hit it off at first sight and plan to get married soon. During their love affair, they plan to buy a house together first. Moreover, Xiaoming has no real estate under his name, so Xiaohua agrees to buy a house in Xiaoming's name, so she can enjoy the loan policy of the first house. But it doesn't last long. After Xiaoming and Xiaohua get along, they plan to break up because of their different personalities. Then the problem comes. The mortgage is paid by two people together, but there is only Xiao Ming's name on the house book. Xiaoming unkindly wants to embezzle the part of the money that Xiaohua repaid the loan before. He insists that Xiaohua gave it to him during his love. What should Xiaohua do?

don't worry! The eyes of the law are bright. Although there is no written agreement between Xiaoming and Xiaohua, there is a pre marital joint house purchase agreement. Therefore, even if the house is purchased in the name of Xiao Ming, the purchase agreement jointly funded by both parties is still valid. Xiaoming and Xiaohua terminate the joint house purchase, which is actually the cancellation of the joint house purchase agreement. Xiaohua can ask Xiaoming to return the house payment he has paid.

4. How do you divide the house property when you repay the loan after marriage

Or the house is too expensive. Many families choose to pay the down payment by the man before marriage and repay the loan together after marriage. Finally paid off the loan, but they had to go their separate ways. However, the price of the house is not invariable. How to divide the real estate?

After reading this large section, the young partners must be dizzy. In fact, to put it bluntly, the house belongs to whoever pays the down payment, and the other party can get the cash in proportion to the loan repayment expenditure in that year, which is partially divided according to the repayment proportion after marriage.

Many girls must think that her husband bought the house before marriage and she was unwilling to participate in the repayment of the loan after marriage. In fact, it doesn't matter. As long as you participate in the loan repayment, you can get part of the loan repayment and part of the loan repayment at the time of divorce.

5. Buy a house before marriage and get a house book after marriage?

If you buy a house in full before marriage, but the house property certificate is obtained after marriage, is this house pre marital property or post marital property?

Judging the housing right depends not only on the time of obtaining the property right certificate, but also on when and who paid the house purchase money, because paying the house purchase money is the substantive element of obtaining the housing property right, and obtaining the property right certificate is only the formal element of obtaining the housing property right. Of course, for premarital and premarital property, the husband and wife can agree who belongs in writing, but if there is no agreement, it belongs to who still pays. Even the house property certificate obtained after marriage cannot be divided as the joint property of husband and wife.