Who will own the house after marriage
4hw.com.cn: many young people buy houses before they get married, but after they get married, who will own the houses? There is no unified answer to this question, which can be explained from three aspects. Let's have a look with Xiaobian.
The first kind of situation: before marriage loan to buy a house, the down payment is paid by one party, after marriage, the husband and wife repay together.
According to the first paragraph of Article 18 of the marriage law of the people's Republic of China: "the premarital property of one of the husband and wife is the property of the other." In other words, before marriage, one party has paid part of the purchase money, and the house ownership certificate has been obtained. This situation means that the party who paid has obtained the real estate right, and the house belongs to this party's premarital personal property. If the husband and wife repay the loan together after marriage, it does not affect the nature of housing ownership, and is regarded as the husband and wife's joint property to pay one party's personal debt. If the husband and wife want to divorce, in the divorce proceedings, they usually order the house owner to compensate the other party according to the actual amount of the loan jointly paid.
The second situation: before marriage, one party pays the down payment of the house loan, after marriage, the husband and wife repay the house loan together and obtain the house property certificate.
If this is the case, then the house belongs to both husband and wife. Although one party paid part of the money for the house before marriage, the remaining loan of the house after marriage is jointly completed by the husband and wife, and the house property certificate is also obtained after marriage. According to the marriage law of the people's Republic of China: "the property acquired by the husband and wife during the period of marriage shall be jointly owned by the husband and wife." Therefore, the house should belong to the common property of husband and wife.
The third situation: before marriage, one party settles the full amount of the house, or after marriage, the couple pays for the house with their personal property, and only after marriage can they go through the house property certificate procedures.
In this case, the house belongs to the spouse who pays all the money and belongs to one party's personal property. According to Article 19 of the interpretation (1) of several issues in the marriage law of the people's Republic of China: "Article 18 of the marriage law stipulates that the property owned by one of the husband and wife shall not be converted into the joint property of the husband and wife due to the continuation of the marriage relationship." In order to protect the legitimate rights and interests of the parties, ensure the stability of the transaction and market enthusiasm, the house will be owned by one party, that is, the personal property of one party.