Regarding the meaning of common life, the law does not clarify this, and it is rarely explained scientifically. But the main judgment is not the length of time, but whether they live together.
Before the marriage, the man buys a house (which should be pre-marital property). The man is willing to write the woman s name on the real estate certificate at the same time as the man s gift to the woman. The property is the joint property of both men and women.
Article 17 The certificate of ownership of a real property is proof that the right holder has the right to the real property. The matters recorded in the real property ownership certificate shall be consistent with the real property register; if there are inconsistent records, the real property register shall prevail unless there is evidence to prove that the real property register is indeed wrong.
In order to properly hear marriage and family disputes, according to the relevant laws and regulations such as the Marriage Law of the People s Republic of China and the Civil Procedure Law of the People s Republic of China, the following explanations are given to the issues related to the application of the marriage law by the people s courts:
Article 6 Before marriage or during the existence of the marriage relationship, the parties agree to donate the property owned by one party to the other party, and the donor cancels the gift before the registration of the change of the donated real estate. If the other party requests the order to continue to perform, the people s court may The provisions of Article 86 shall be dealt with.
Article 7: After the marriage, the property purchased by one parent s parents for their children and whose property rights are registered in the name of the investor s child may be regarded as a gift to only one of their children in accordance with Article 18 (3) of the Marriage Law. The real property shall be regarded as the personal property of the spouse.
(2) Where the property rights purchased by the parents of both parties have the property rights registered in the name of one of the children, the real property may be deemed to be shared by the two parties in accordance with their respective parents capital contributions , unless the parties agree otherwise.
Article 10 If a spouse signs a real estate sales contract before marriage, pays the down payment with personal property and pays a bank loan, and repays the loan with the common property of the husband and wife after the marriage..
(2) If an agreement cannot be reached in accordance with the preceding paragraph, the people s court may decide that the real property belongs to the party that registered the property right, and the loan that has not been returned is the personal debt of the party that registered the property right. When the two parties jointly repay the loan and the corresponding value-added part of the property, the divorce shall be compensated by one party to the other party in accordance with the principles stipulated in Article 39 ( 1) of the Marriage Law.
Article 11 If one party sells the house shared by the husband and wife without the other party s consent, the third party purchases, pays a reasonable consideration, and completes the property right registration formalities. If the other party claims to recover the house , the people s court will not support it.
If a spouse disposes of a house in common and causes damage to the other party, and the other party requests compensation for the loss at the time of divorce, the people s court shall support it.
Article 12 During the existence of the marriage relationship, the two parties use the common property of the husband and wife to purchase a house that participates in the housing reform in the name of one of the parents, and the property rights are registered in the name of one of the parents. The court did not support it. The capital contribution when purchasing the house can be treated as a claim.
It can be seen that the marriage law is specifically used to regulate marriage issues, including what to pay attention to, what materials are required for marriage, the process of marriage, the division of real estate in divorce, the conditions and procedures for divorce, etc. Range.