After the new marriage law came out, many people wrote that the name of a party after marriage was not part of the common property. These related contents are more concerned. Xiaobian compiled some relevant information. Below we will understand the difference between buying a house before marriage and getting married. After the loan to buy a house to pay attention to
premarital marriage after buying a house difference
First, how to distinguish between pre-marriage to buy a house and buy a house after marriage?
Buying a house in the law and the biggest link between marriage is the determination of the husband and wife joint property, according to the provisions of the Marriage Law 17, 18 The property obtained before marriage is personal property, and the marriage is acquired as the joint property of the husband and wife, and if the husband and wife joint property is divorced, it is divided into half of the other party, even if the other party did not spend a penny on the house.
Thus, whoever buys a house before marriage and who the name of the house is written belongs to whom. Before the marriage, the man buys a house and should belong to the man's pre-marriage property. Therefore, if the divorce, the house should belong to the man, unless the house is notarized as a joint property of the husband and wife; if the house is bought after marriage, if the man pays the money, when the real estate license is issued, according to The new rule is that if both spouses are present and the woman is to be present at the scene, then the spouses should share the property.
Second, after marriage, parents invested to buy a house
Ms. Yang is about to enter the marriage hall, the man's parents are ready to marry them to buy a full house, the woman is responsible for the decoration of the money, Miss Yang confused real estate license can write her name? And how can we maximize the protection of the woman's marital rights?
Because the other half of Ms. Yang's parents are wholly-owned, the Article 22 of the Marriage Law states: Before the marriage, if the parents pay for the purchase of the house by both parties, the contribution should be recognized. A personal gift to your child, except where the parent expressly gives the gift to both parties. After the parties have married, if the parents contribute to the purchase of the house by both parties, the contribution shall be deemed to be a gift to both spouses, unless the parents expressly express the gift to the other party.
That is to say, if the man’s parents are wholly-funded for the purchase of the house, and there is no clear indication that the house is a gift to the husband and wife, then the house is given to the man, and Ms. Yang has no share. However, if the married man’s parents buy a house wholly after marriage, and there is no clear indication that it is given to the man, the house is given to the husband and wife and is the joint property of the husband and wife.
Note on the purchase of a loan after marriage
1. In the house purchased during the marriage of the husband and wife, if the husband and wife do not expressly agree, only one of the names of the person should be written on the real estate certificate, which should be recognized as the joint property of the husband and wife;
2 Where the real property purchased by the parents of both parties is registered and the property right is registered under the name of one of the children, the real property may be deemed to be shared by the two parties in accordance with the share of the parent's contribution, unless otherwise agreed by the parties.
The house to be bought is owned by the husband and wife. When one party wants to have the right to use the house at the time of divorce, the evaluation unit evaluates and then distributes to the other party; if both parties want to own the ownership of the house, both parties bid; if neither party wants The house, the court conducts the auction and then distributes it.
Not belonging to the common property:
After the marriage, the real property purchased by the parent to be purchased by the parent, the property right registered under the name of the investor’s child, can be regarded as a gift only to one of the children of the child according to the provisions of the Marriage Law. The real property should be recognized. The personal property of a spouse.
Note on buying a house after marriage in the new marriage law:
There are four aspects to pay special attention to when buying a house together. For the signing, mortgage application and transaction transfer, both parties need to be present. In addition, the husband and wife to buy a house in the preparation of documents, as well as the application for housing loans, etc., also need to study in advance.
1. The signing parties personally attended the scene
In the process of buying a house, involving many signing processes, such as signing a sales contract, applying for a mortgage, and trading transfer, etc., this requires both husband and wife to be present at the same time. In addition to signing a real estate sales contract, when applying for a mortgage and handling the transfer procedures, both parties need to be present in person. Experts explained that when applying for a mortgage, there are times when they will apply together in the name of a husband and wife. Therefore, the bank must also examine the qualifications of the two persons at the same time. At the same time, the relevant procedures must also be signed.
In addition, when handling the transfer procedures, in principle, it is required to be present at the same time, because according to the "Property Law", whether the property purchased by the husband and wife is jointly shared, or shared by the share, needs to be reflected in the sales contract, and then on the real estate license. It is stated that it is necessary for both parties to sign and confirm. However, if you are unable to attend the event, you must also go through the formalities of notarization and entrust the relevant matters.
2, the preparation of documents is the key
Couples to buy a house together, need to provide more documents, and one can not be less. When the husband and wife jointly apply for a mortgage, they need to provide proof of the husband and wife. If the two are non-residents, they must provide the local tax payment certificate or social insurance payment certificate for more than one year, otherwise they will be treated according to the non-resident loan policy. Of course, when applying for a mortgage loan, if one of the people is higher, it is not a problem to pass the qualification approval. The other party receives
. 3. The main loan and the sub-loan have a certain amount of
. Because the credit policy has changed, the main lender and the sub-prime are determined. When you are a person, you need to decide according to the actual situation, but you can't simply look at the level. When the husband and wife repay together, when determining the main lender and the sub-lender, it must be determined according to the actual situation. In general, in bank housingIn a loan contract, only one party is referred to as a “lender” (often the main lender), and regardless of whether the name of the two parties is written on the real estate license, the other party can act as a “co-lender”. When determining the main lender, you should choose a higher and more stable couple, and pay attention to the age limit, otherwise it will affect the loan term.
In addition, experts cautioned that changes in credit policies should also be noted. For non-residents, if they are unable to provide local tax payment certificates or social insurance payment certificates for more than one year, they will be treated differently. For example, if the mortgage down payment ratio increases and the interest rate level rises, this will undoubtedly increase the cost of purchasing houses. Therefore, this factor should be taken into account when determining the main lender.
4, the share of the advance set
Couples to buy a house, the share of the property is each, need to be determined in advance, so as to avoid disputes in the future. According to the "Marriage Law": "The property acquired by the husband and wife during the marriage relationship is owned by the husband and wife, unless otherwise agreed by the two parties." Therefore, in the process of joint purchase, even if the name of the other party does not appear on the real estate certificate, Affecting their ownership of the house.
However, there are a few trendy couples who currently have an AA system and need to consider the property share when they buy a house together. According to the relevant laws and regulations, the owner can choose the common form. If they choose to share the same, the two parties have the same rights; if they are shared by the shares, they need to be divided in advance and listed on the real estate certificate.
5, the prospective husband and wife to buy a house to register
What needs special reminder is that there are many prospective couples buying a house together. In order to reduce disputes, experts suggest that you should make some efforts in the registration of real estate licenses.
The term "parent husband and wife" as used herein refers to the part of the person who is about to get married but has not yet received a marriage certificate. During the marriage period of the husband and wife, they are counted from the date of receiving the marriage certificate. Therefore, if they do not receive a marriage certificate, they can buy a house together and cannot be regarded as a common property. In this case, if you buy a house together, if the two parties jointly contribute, half of the shares, you need to register the names of the two people on the real estate license. If the ratio of the two parties' investment is not equal, although the names of the two persons will be registered on the real estate license, they must explain the proportion of each. There is also a situation that needs to be considered in advance, that is, if only one party contributes, whether the name of the other party is also registered on the real estate certificate; if the registration, the share of the non-funding party is also determined, and The real estate certificate is stated.
Experts said that the most unacceptable practice is that the sponsoring party is sincere and writes the name of the other person on the real estate license, which means that he completely renounces the ownership of the house.