First, does the house before marriage belong to the same property after marriage?
If you buy a house before marriage, whether the property belongs to the husband and wife will be discussed in detail.
1. If one party buys a house in full before marriage and adds the name of the other party after marriage, it will be counted as the same property.
2. If one party buys a house in full before marriage and does not add the name of the other party after marriage, it obviously belongs to one party's personal property.
3. One party before marriage, mortgage to buy a house, paid the down payment with his property, and still repaid the loan with his personal property after marriage. The house registered in his name belongs to his personal property unless otherwise agreed by the husband and wife. What is registered in the names of both parties belongs to the joint property of husband and wife.
4. One party before marriage, mortgage to buy a house, pays the down payment with personal property, and repays the loan with the joint property of husband and wife after marriage. Unless otherwise agreed by the husband and wife, the house registered in his name belongs to his personal property, and the outstanding loan is his personal debt. After marriage, one party should compensate the other party for repaying the loan and increasing the value of the house.
Second, what is the scope of property?
Article 1062 of the Civil Code (implemented from 202 1 and 1) refers to the following property acquired by husband and wife during the marriage relationship, which is the joint property of husband and wife and belongs to both husband and wife:
(1) Wages, bonuses and remuneration for labor services;
(2) Income from production, operation and investment;
(3) Income from intellectual property rights;
(4) Inherited or donated property, except as provided for in Item 3 of Article 1063 of this Law;
(five) other property that should be owned by * * *.
Husband and wife have equal rights to dispose of the same property.
According to the second part of the Supreme People's Court's Opinions on Several Issues Concerning the Implementation of Civil Policies and Laws, the joint property of husband and wife also includes:
(1) Pre-marital property and post-marital property cannot be ascertained, or if they are personal property before marriage, but they have been married for many years and have been jointly used, operated and managed by both parties for a long time, they can all be regarded as joint property of husband and wife;
(2) During the marriage relationship, the demobilization fee and transfer fee earned by demobilized soldiers can be divided according to the marital property if they live together for a long time at the time of divorce;
(three) the income of the year when the husband and wife engaged in diversified operations and contracted responsibility fields during the existence of the relationship, and the funds invested by the breeding and breeding professional households without income in that year;
(4) Property such as gold, silver and jewelry donated by one or both parents after marriage registration.
In our daily life, it is very important whether people have the joint property of husband and wife, especially in the case of divorce, it is necessary to find out the scope of the joint property of husband and wife. Need to remind everyone that the property purchased before marriage does not necessarily belong to the joint property of husband and wife, nor does it necessarily belong to personal property. It should be judged according to the specific situation.
Beicheng
Hengda Yuelongtai, Wuyue Plaza, Jin Fu No.1, Wuzhou Fanghua, Wuzhou Guanlan, Xindi Ideal City, Ideal University, Tianjian Tianmao Shang Jun, Xijian Tianmaohe County, Greenland New Mile, Hong Kong Government Capital, Jin Fu No.9, Cui Lin Jiayuan, Jinfuba, Zheng Tong Wanhe City and Shangdong.
economic development zone
Universiade Garden, Donghu Bay, the source of the Yangtze River, Tianmao Lanwan Peninsula in the west, Dongshang New Mile, Tiantai Yibeiyuan and Friendship Building.
Sheng Hui New District
Shi Sheng Yayuan and Shanghe Guandi.
southwest
Sheng Hui Jiayuan, He Huan Garden, Sea Courtyard and Impression Nanhu.
centre
Suntech Washington, leijin Phoenix, huijin international,
east zone
Nanshan Town Universiade Bund Xiyuan Dongguan Tianxia Xinma Yangxi
airport area
Shangshangfu, Shuimo Jiangnan and Hedong Courtyard