In judicial practice, there are many disputes caused by marriage and family. Common problems include the division of husband and wife property, child custody, and repayment of husband and wife debts. Among the division of husband and wife property, housing problems are the most common. Then the name of the house after marriage is counted. Isn t it the husband and wife s common property? The following editors will provide relevant knowledge for readers.
According to the relevant laws of our country, if the house purchased before marriage is added to the name of the other party after marriage, the house can be regarded as the common property of the husband and wife, and the house can be divided together when divorced.
If one party claims the ownership of the house, the appraisal agency will evaluate the house at the market price, and the party that acquires the ownership of the house shall give the other party corresponding compensation;
Article 21 In the event of a divorce, if the two parties have disputes over the house that has not yet acquired ownership or have not obtained full ownership, and the negotiation cannot be completed, the people s court should not judge the ownership of the house. It should be used by the parties according to the actual situation.
Article 22 Before the parties get married, if the parents contribute funds for the purchase of the house by both parties, the capital contribution shall be recognized as a personal gift to their children, except where the parents expressly indicate that they have donated to both parties .
(2) After the parties get married, if the parents contribute funds for the purchase of the house by both parties, the capital contribution shall be deemed as a gift to both the husband and wife, unless the parents expressly indicate that the gift is to one party.
(2) The people s court shall support the debts of a spouse in the name of an individual for the daily needs of the family during the existence of the marital relationship.
During the existence of the marriage relationship, the spouse s personal debt exceeds the family s daily needs. If the creditor claims that the debt belongs to the spouse s common debt, the people s court will not support it, but the creditor can prove that the debt is used for the spouse s common life, The exception is joint production and operation or expressions based on the common intention of both spouses.