According to the law, whether it is real estate or other property, as long as it is purchased after marriage, it belongs to the joint property of husband and wife. Even if only one of the husband and wife signs the purchase contract or even only one of the names appears in the property register, it does not affect the fact that they belong to the same property.
The effect of the husband and wife purchase deposit contract is only signed by one party, which is more effective according to the relevant laws and regulations, because the purchase contract signed by one party is completely effective. Because both husband and wife have property, they have equal right to dispose of * *.
The down payment contract for husband and wife to buy a house is valid only if one person signs it. If one party sells the house jointly owned by husband and wife without the consent of the other party, the third party buys it in good faith, pays a reasonable consideration and goes through the formalities of property right registration, and the other party claims to take back the house, the people's court will not support it.
If one spouse arbitrarily disposes of the house jointly owned by * * * and * *, causing losses to the other spouse, and the other spouse requests compensation for the losses during the divorce, the people's court shall support it.
With regard to the joint property of husband and wife, both husband and wife may agree in writing that the property acquired during the marriage relationship and the property before marriage belong to their own, * * * jointly owned or partly owned, and partly * * * jointly owned. If there is no written agreement between husband and wife that the house belongs to one party, then even if one party signs a house purchase contract, it should be regarded as the joint property of husband and wife.
In any of the following circumstances, the contract is invalid:
(1) One party enters into a contract by means of fraud or coercion, which harms the interests of the state;
(2) Malicious collusion that harms the interests of the state, the collective or a third party;
(3) Covering up illegal purposes in a legal form;
(4) damaging the public interest;
(5) Violating the mandatory provisions of laws and administrative regulations.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 1062 The following property acquired by husband and wife during the marriage relationship is the common property of husband and wife and belongs to them:
(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.