Now there are a lot of families with conflicts in real estate. Everyone has taken this as a normal situation, but it seems that for such families, there will always be a great conflict when there is a division of property. In the case of real estate, this is a typical example. Many friends asked if the property before the marriage was shared?
According to the Marriage Law, the pre-marital property of one party is the personal property of the spouse. Before marriage, one party has purchased, paid off the house and owned the house, which obviously belongs to one party s pre-marital property, belongs to personal property, and is not the common property of the husband and wife. However, if one party pays to buy a house before marriage, but the property rights are registered in the name of both parties for some reasons, this is regarded as a gift to the other party. In this case, the house is the common property of the husband and wife.
A house purchased by one or both parents. A house purchased by one parent for their children and whose property rights are registered in the name of the investor s child shall be regarded as a gift to only one of their children. The house shall be considered as the personal property of the husband and wife. However, if the property right is registered in the name of both husband and wife, then it is regarded as a gift to both husband and wife, and the house shall be regarded as the common property of the husband and wife. The second is a house purchased by the parents of both parties, whose property rights are registered in the name of one of the children. The house can be considered as a joint property of both parties in accordance with their parents share of capital. In reality, many parents buy a house for their children to run out of life savings. This provision also protects the property of both parties in the marriage and their parents.
One party signs a house purchase contract before marriage and pays the down payment house with personal property. If the house is repaid with the common property of the couple after marriage, and the house is registered under the down payment house name, the agreement can be dealt with first. If the agreement is not reached, the court It is generally determined that the house belongs to one party of the property right registration, and the money repaid by both parties can be compensated by one party to the other.
According to Article 39 (1) of the Marriage Law, In the case of divorce, the common property of the husband and wife shall be dealt with by both parties through consultation, that is, the division of the property by the husband and wife during the divorce shall be carried out by both parties on the principle of consensus. It cannot be decided by one party.
According to the principle of equality between men and women in Article 2 (1) of the Marriage Law, women must not be discriminated against. Women are considered to earn less and should be divided less. When divorce divides married couples common property , women s rights should be respected and protected..
If the negotiation fails according to Article 39, paragraph 2 of the Marriage Law, the people s court shall make a judgment based on the specific conditions of the property and take care of the rights of the children and the woman.
From the above point of view, the property before marriage is not all shared, it is still necessary to judge based on the actual situation. If the property right is registered in the name of both parties when buying a house, then such property is the joint property of the couple.