#长文创作激励计划#
Since ancient times, Chinese have always paid attention to having a new wedding room when they get married. According to tradition, this marriage room needs to be borne by the man's family, and it is likely that the name of the man is written alone.
If the woman's family has helped to pay for it, then it is likely to write the names of both men and women.
Many people have a simple understanding of the ownership of real estate, whose name is written on the real estate certificate, and the property belongs to it.
However, now, if your name is written on the title deed, the house may not be yours. The specific reason lies in the following four new regulations.
1. Buy a house in full before marriage, and the house belongs to the party who paid for it
In order to protect the independence of pre-marital property, a new regulation issued by the mainland some time ago clearly stated that if the house is purchased by one party in the form of full payment.
Then even if the house is married and the name of the other party is added. When it comes to divorce, the other party still has no power to divide part of the property rights on the grounds of marriage. All ownership rights to the house have always belonged to the individual who bought the house in full.
In layman's terms, if the man buys a house in full before marriage, then after marriage, no matter what reason the woman has, she will not be able to divide a penny from the house. The reverse is also true.
If the woman buys the house in full before marriage, then the man will not be able to get a penny from the house for any reason after marriage.
In the traditional concept of matrimonial property, once a person is married, all pre-marital property belongs to both the man and the woman.
However, due to the complexity of modern society and the increasing value of private property by individuals. Therefore, such a concept of marital property is no longer suitable for the current society.
In order to reduce real estate disputes arising from changes in marital relations, the mainland has introduced such a regulation that focuses on the protection and independence of individual premarital property.
However, it should be noted that for the party who buys the house in full before marriage, it is necessary to pay attention to properly keep all the documents when buying the house, including but not limited to the purchase contract, payment voucher, real estate certificate, etc.
These things are an important basis for proving the ownership of the property, if you have one of the items lost, then when there is a dispute, I am afraid that the law may be difficult to support the property to you.
In addition, when buying a house, which party buys the house in full can consider fully communicating with the spouse to clarify the ownership of the house and further confirm it by signing a written agreement.
Although according to the new rules, even if you do not sign a written agreement, or directly write your spouse's name into the title deed, it will not affect the ownership of the house.
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But with the addition of this written agreement, there is an additional layer of protection to reduce unnecessary misunderstandings and disputes.
2. After marriage, the loan is repaid jointly, and the house belongs to the down payment party
At present, houses in mainland China are so expensive, and in many cases, it is impossible to buy a house in full by relying on the man's family alone.
So the solution is either to buy a house with the woman's family in full, and write the names of the two people on the real estate certificate; Either the man's family will make a down payment first, and the future mortgage will be borne by both parties, and the names of the two people will normally be written on the real estate certificate.
In real life, there is a high probability that the woman's family will not pool money with the man and buy a house in full. And in many cases, even if you add the money of the woman's family, you can't afford to buy a house in full.
Therefore, the former is relatively rare, and the latter is more common.
In order to balance the economic contributions of both parties in the marriage relationship, and ensure that the respective rights and interests of both parties can be effectively protected when they repay the loan together. The new regulations make appropriate provisions for the latter situation.
Traditionally, whoever invested a lot of money in the down payment before the marriage should get the title to the house. However, this conventional wisdom clearly ignores the interests of the party involved in the joint repayment of the mortgage in the future.
With the increasing trend of couples sharing family responsibilities in modern society, this part of the interests can no longer be ignored.
The new rules stipulate that if one party pays a large amount of money for the down payment of the house before the marriage, and then both parties assume the obligation to repay the mortgage before the marriage.
Then the ownership of this house still belongs to the party who made the down payment before marriage. However, the part of the mortgage repayment made jointly by the parties after the marriage, as well as the income generated by the future appreciation of the house, shall be regarded as the joint property of the husband and wife, and shall be divided among the non-down payment party in the event of divorce.
In this way, the new regulations effectively protect the legitimate rights and interests of the co-repayers after marriage, and promote the fairness and harmony of the marital relationship.
3. If the parents contribute money to buy the house, the house belongs to the investor or is jointly owned according to the proportion of the capital contribution
With the real estate market evolving and family property relationships becoming more complex, it is almost impossible for young people to buy a house on their own with such high housing prices and such a sluggish job market.
Especially for the man, his parents will more or less contribute money to help buy a house, some will buy the house directly with the full amount, and some will directly give the down payment.
According to the normal concept, whoever buys the house in full or who gives the down payment, the house belongs to whom. Therefore, since it is the parents who pay to help buy the house, then since the property rights of the house will belong to the parents, even if the name of the child is written on the real estate certificate, it is no exception.
Of course, in reality, only a very small number of parents have the financial resources to buy a house for their children in full, and most parents only help as much as they can.
That is, in this case, the ownership of the house needs to be determined according to the specific circumstances and the agreement between the parties, but it tends to protect the rights and interests of the party who actually pays more.
In real life, there are many families that are built by both parents at the same expense to help the newlyweds.
In such a case, it is necessary to further refine the joint ownership of the house according to the proportion of their respective contributions, which not only reflects the principle of fairness, but also encourages economic mutual assistance and support between family members.
From this, we can see that the purpose of this third new regulation is to protect as much as possible the interests of the party who pays more for the purchase of the property.
Whether it is the man, the woman, or the parents of both parties, whichever party pays more, which party should want the ownership of the house more.
Through such regulations, family members are encouraged to support each other in major economic decisions such as buying a house, and share economic pressures, reflecting the spirit of mutual assistance of the family as a whole.
4. If you buy a house together after marriage, the house belongs to the husband and wife
In reality, there are some more loving young couples who choose to enter the palace of marriage first, and then slowly save money together to buy a house.
For this kind of marriage, the husband and wife pay for the house together. Under normal circumstances, the names of both parties will be written on the title deed in the future. If this is the case, then naturally there will be no contradiction.
But in real life, there is such a situation. The house was bought by the husband and wife together after the marriage, but after they finally bought it, it was not written in the names of both parties.
Either the man's PUA and the woman's house let the man's name be written alone, or the woman's PUA and the man's name should be written alone.
As a result, when their marriage breaks down in the future and they want to divide the property, it will be more difficult. If you only look at whose name is written on the real estate deed, then the end result will often lead to the loss of the party who is PUA.
However, now that the fourth new rule has come out. Regardless of whose name is written on the real estate certificate, as long as the house was purchased by the husband and wife together after marriage, then it should fall under the category of joint property of the husband and wife. The property of the house should also belong to the husband and wife.
This provision breaks the traditional prejudice of "whoever signs owns" and ensures that the wealth created by the husband and wife in marriage is treated equally.
It is also conducive to encouraging couples to work together and support each other, because it emphasizes that marriage is not only an emotional union, but also a community of economic life, and husband and wife should support each other and face the challenges of life together.
5. What is the use of the signature of the real estate certificate?
Usually as mentioned above, we can simply explain the first new regulation as if Party A buys a house in full before marriage, then even if Party B's name is written on the real estate certificate after marriage, the property right of the house still belongs to Party A;
The second new regulation is simply explained as if Party A pays a down payment to buy a house before marriage, and both parties A and B jointly repay the mortgage after marriage, no matter whose name is written on the real estate certificate, the property right of the house still belongs to Party A.
However, the part of the joint repayment of the mortgage and the part of the benefit generated by the future appreciation of the house belongs to both parties A and B.
The third new regulation is simply explained as follows: If Party A and Party B, or the parents of Party A and Party B, pay for the house, no matter whose name is written on the real estate certificate, the property right of the house belongs to the party who paid the money.
If a house is purchased with the joint contribution of all parties, they jointly enjoy a certain amount of property rights according to the proportion of their contributions.
The fourth new regulation is simply explained as follows: if Party A and Party B jointly contribute to buy a house after marriage, then the house belongs to both parties A and B regardless of whether Party A's name or Party B's name is written on the real estate certificate.
From here, we can see that after the release of these four new regulations, the name on the real estate certificate has little impact on the final ownership of the house.
Many netizens asked, if this is the case, then what is the use of the current real estate certificate signature?
In fact, the signature of the current real estate certificate still has considerable legal significance.
On the one hand, the signature on the title deed is still a symbol of ownership of the house, indicating that the signatory is one of the legal owners of the property;
On the other hand, in economic activities involving housing transactions, mortgages, leases, etc., the signature on the real estate certificate can be used as the basis for proof of equity.
At the same time, in the event of a property dispute, the signature on the real estate certificate can be used as a basis for dispute resolution, which helps to reduce unnecessary disputes and litigation.
epilogue
All in all, as people pay more and more attention to the independence of pre-marital property and the division of marital property, the traditional method of rudely attributing the property to him based on who is on the real estate deed is no longer appropriate.
Under such circumstances, the mainland has issued four new regulations on the ownership of real estate property rights in a timely manner, so that the signature of real estate certificates no longer has the effect of being finalized, and the independence of premarital property of men and women has been improved.
In particular, when it comes to complex situations such as marital relationship, division of family property and inheritance, the court will consider a variety of factors when determining the ownership of the property, such as the source of funds for the purchase of the house, the genuine intention at the time of the purchase, and the contribution made during the marriage.
References:
Pang Ming said that the property market2024-07-25"No matter whose name is written on the real estate certificate, it doesn't matter anymore? The four "new regulations" should be understood in advance》
Jincai She2024-04-21 "No matter whose name is written on the real estate certificate, it doesn't matter anymore? Here are four "rules" you need to know:
Sister Tan chats about wealth2023-09-24 "No matter whose name is written on the real estate certificate, it doesn't matter anymore? Here are four "rules" you need to know: