Pay attention to the difference before marriage

en.4hw.com.cn

2019-11-25 23:23:26

4hw.org: today, I read a report about a man who bought a house before marriage and didn't let his wife take part in it. After marriage, he quarreled and let her go. To be frank, the house he bought before marriage is his own. Xiaobian was very angry. Before marriage, a woman had to make clear the division of marriage law and property after marriage.

Since the promulgation of the new marriage law, the division of property has changed a lot after divorce. In different situations, such as whether to buy a house before marriage or after marriage, there are new regulations on property judgment standards. Today, Xiaobian will share with you the difference between the property division of buying a house before marriage and buying a house after marriage in the new marriage law.

Buying a house before marriage can be divided into the following situations:

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I. partnership purchase during love:

1. The internal relationship is shared by shares, with the proportion determined by the actual capital contribution of both parties;

2. The external relations are all co owners of the house. The lease and sale of the house shall be agreed by both parties;

3. If one party wants to obtain all the property rights, it needs to reach a consensus and handle the transfer formalities in time. However, if the mortgage is not settled, it needs to repay the loan first, and then handle the mortgage loan again. In the meantime, it also involves bearing a series of taxes, which will cost a lot of energy and money.

2. To buy a house before marriage and to apply for a property right certificate after marriage:

1. If there is no loan at the time of purchase, it will not affect the identification of one party's pre marital property, and the post marital house will not be converted into the joint property of husband and wife with the passage of time;

2. If there is a loan at the time of purchase, it shall be repaid jointly after marriage, and the property right shall be shared by shares. The part of the pre marriage party's investment shall be the pre marriage property, and the part of the joint repayment after marriage shall be the husband and wife's joint property.

3. Real estate purchased by the party before marriage:

1. It still belongs to premarital property, but in practice, there are problems in the source and differentiation of property when divorce occurs, so relevant evidence should be kept;

2. If the house is purchased after the sale, the evidence proving the change of property before and after the sale shall be retained to obtain legal support.

IV. purchase of houses for children funded by parents:

1. The donation relationship, if there is no evidence to prove the nature of the parent's contribution, is deemed as donation;

2. In the loan relationship, the children borrow money from their parents and make a loan note. After marriage, it is deemed as the joint debt of the husband and wife.

Buying a house after marriage can be divided into several situations:

1. Gift.

If the property right of a real estate purchased for a child by one of the parents after marriage is registered in the name of the child of the contributor, it can be regarded as a gift only to one of the children according to the provisions of item (3) of Article 18 of the marriage law, and the real estate shall be recognized as the personal property of one of the husband and wife.

2. The appraisal of the property quantity of the couple after divorce.

If the property right of the real estate purchased by the parents of both parties is registered in the name of one of the children, the real estate can be recognized as shared by both parties according to their respective parents' share of capital contribution, unless otherwise agreed by the parties.

3. Loan problems after the emergence of the new marriage law.

The promulgation of the new marriage law has also resulted in many conflicts of buying a house after marriage! Sometimes there are new family conflicts about the property distribution after buying a house after marriage. So the new marriage law needs to pay special attention to four aspects. For example, in the process of signing a contract, applying for a house loan, and transferring a transaction, both husband and wife are required to be present, but if they cannot be present, they must also go through the formalities of notarization and collection of entrustment, and explain the relevant matters clearly.

If the property right of the real estate purchased by the parents of both parties is registered in the name of one party, it can be recognized that the real estate is jointly owned according to the contribution shares of the parents of both parties, unless there is evidence to prove that it is given to one party.