It is useless to add a name to the new marriage law. After the promulgation of the new marriage law, the personal property and property of husband and wife have been clearly defined, which is also a problem that many couples are very concerned about. It is useless to add a name to the new marriage law for everyone to share.

It is useless to add a name to the new marriage law. 1 first, the new marriage law is invalid for adding names to real estate.

The new marriage law has made relevant provisions on the invalidity of property attachment. If the following conditions are met, the addition is invalid:

1, buy a house in full before marriage, and only write one party's name:

Whether it is a man or a woman, if the property is bought in full by one of them before marriage, and only his own name is written, then when the divorce property is divided, it is calculated as "pre-marital property".

In other words, even if the partner's name is added after marriage, the other party cannot divide the property after divorce.

2. If the man buys a house in full, only write the woman's name:

According to the relevant provisions of the new marriage law, no matter before or after marriage, only the woman can prove that the property is a "gift" from the man, so even if the man buys a house in full, the man has no right to divide the property after divorce.

3. Buy a house with a loan before marriage, and only write the name of one party:

Buying a house by pre-marriage loan is different from buying a house in full, because buying a house by loan involves the problem of repayment ratio.

(1) If you buy a house with a loan before marriage, the house will be owned by whoever is registered.

(2) If the husband and wife repay jointly after marriage, then the person who registered his name needs to pay compensation to the other party, including the repaid mortgage and the value-added part of the property.

4. One parent contributes to the purchase of a house, and the names of both husband and wife are recorded:

According to the provisions of Article 22 of Judicial Interpretation II of Marriage Law, if parents contribute to the purchase of houses for both parties before marriage, the contribution shall be deemed as a personal gift to their children, unless the parents explicitly express that the gift is given to both parties.

After the parties get married, if the parents contribute to the purchase of houses for both parties, the contribution shall be considered as a gift to both husband and wife, unless the parents explicitly express that it is a gift to one party.

5. One parent contributes to the purchase of a house, and the house is registered in the name of the child:

According to Article 7 of Judicial Interpretation III of Marriage Law, if the property right of the property purchased by one parent for their children after marriage is registered in the name of the investor's children, it can be regarded as a gift to only one of their children according to Article 18, paragraph 3 of Marriage Law, and the property should be recognized as the personal property of the husband and wife.

Second, the problem of housing ownership in the new marriage law

At the time of divorce, the property of husband and wife shall be handled by mutual agreement; If the agreement fails, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman.

1. After marriage, one party contributes with personal property, and the property is registered in the name of one party. Who owns the divorce property?

After marriage, if one party purchases a house with personal property and obtains a real estate license, it shall belong to the property of the purchaser. When divorcing and dividing property, the other party has no right to request division; What needs to be reminded here is that how to determine that buying a house with personal property requires the support of evidence. If you buy a house with one party's personal property, you need to prove that the purchase price belongs to the husband and wife's personal property. Therefore, it is especially necessary to keep the evidence that the property belongs to personal property in case of emergency.

2. After marriage, one or both parties purchase the house with the joint property of husband and wife and obtain the real estate license. Who owns the divorced house?

After marriage, one party buys a house with the joint property of husband and wife. No matter which name the real estate license is registered in, the real estate should belong to the joint property of husband and wife. In the division of divorced real estate, the judge will decide which party owns the house according to the actual situation, and the party who obtains the real estate will compensate the other party according to the actual situation.

3. After marriage, one of the parents made full investment, and the property rights were registered in the children's names. Who owns the divorce property?

According to the provisions of the judicial interpretation of China's marriage law, if one spouse subsidizes their children to buy a house after marriage, the property right registered in the name of the investor's children is regarded as a gift only to their own children, and the property is recognized as the personal property of the investor's children, and the other spouse has no right to request the division of property.

4. After the marriage, both parents invested in buying a house, and the property rights were registered in the name of one person. Who owns the divorce property?

According to the provisions of the judicial interpretation of the Marriage Law, if the parents of both parties subsidize their children to buy a house after marriage and the property rights are registered in the name of one person, the property can be recognized as both parties' possession according to their respective share of capital contribution. If the parties agree otherwise, it shall be handled in accordance with the agreement.

5. If one parent makes a down payment, the property right is registered in the name of the child, and the husband and wife jointly repay the loan, who owns the divorced property?

In this case, the down payment can be considered as a gift only for the children of investors. At the time of divorce, the real estate is the property of husband and wife, and the down payment should be recognized as the personal property of the investor's children.

6. After marriage, one parent contributes capital and the property right is registered in the name of the other parent. Who owns the divorce property?

If one parent subsidizes the children to buy a house in a marriage, the property right is registered in the name of the other party, which is generally considered as a gift to both parties. Unless a written agreement or statement made by parents at the time of capital contribution proves that this capital contribution is only for their children.

7. After marriage, both parents contribute capital, and the property rights are registered in the names of both parties. Who owns the divorce property?

After marriage, parents subsidize their children to buy a house and register it in the names of both parties, which should be recognized as the joint property of husband and wife. If there is an agreement, it shall be followed.

Third, the new marriage law supplements the real estate.

First, if your name is added to the house, whether you have a license or not, if there is no special agreement, the house belongs to your property; The difference is that if there is no license and no legally recognized relationship between husband and wife, you can choose to break up in the future without anyone's consent, which is free;

Disputes over the division of houses involved in the case belong to general civil disputes over creditor's rights and shall be dealt with separately; If you need a divorce after getting the certificate, you need to go to the public authority (marriage registration office or court) to deal with it, and the property rights of the house also need to be dealt with together.

Second, if the house only has the name of the other party written on it, and both of you have repaid the loan, then if you don't get the certificate, you can ask the other party to return part of the repayment you paid; If you get the certificate, you need to see whether it is before or after the real estate license. If it was before, then the house is the man's personal property, and you can only ask the other party to return the repayment you paid; If it is in the back, then the house is the joint property of husband and wife, and it can be required to divide the property equally.

Third, to sum up, the house with only one party's signature on the real estate license obtained before the license is obtained belongs to one party's personal property and cannot be divided when divorced; Houses with only one or both parties' signatures on the real estate license obtained after obtaining the certificate belong to the joint property of husband and wife and should be divided equally when divorcing;

Of course, whether before or after obtaining the certificate, if the real estate license has the names of both parties, then the house should be owned by both parties. Finally, it should be noted that his father and his name are on the real estate license. If you add your name, it means that you three * * * have it. Assuming divorce, it is impossible to divide all parts of the father.

Adding the name before obtaining the license is business (the real estate bureau will inform the business tax and deed tax when handling it), but if it is a gift between husband and wife after obtaining the license, don't pay these taxes.

It's not cost-effective to send the certificate before you get it, and after you two break up, they can ask for cancellation because it's a gift based on marriage.

It will save a lot of tax if you give it after you get the certificate. If the donated share is not agreed at this time, it will be regarded as a * * * relationship with * *, and you can claim your due share after divorce.

It is useless to add a name to the new marriage law. Is it useful to add a name to the new marriage law real estate license?

It depends.

Interpretation of the new marriage law on adding a name to the real estate license after buying a house before marriage: Article 10 of Interpretation 3 of the Marriage Law stipulates that one spouse signs a real estate sales contract before marriage, pays the down payment with personal property and borrows from the bank, and repays the loan with the same property after marriage. If the real estate is registered in the name of the down payment, the real estate shall be handled by both parties through agreement at the time of divorce.

If no agreement can be reached in accordance with the provisions of the preceding paragraph, the people's court may decide that the real estate belongs to the party with registered property rights, and the unpaid loan is the personal debt of the party with registered property rights. After marriage, the amount paid by both parties to repay the loan and the corresponding value-added part of the real estate shall be compensated to the other party by the party handling the property right registration according to the principle stipulated in the first paragraph of Article 39 of the Marriage Law.

Ownership of buying a house before marriage

In one case, one party mortgages a commercial house before marriage and applies for a property right certificate. It is more common for both husband and wife to repay their mortgage after marriage. This kind of house is the personal property of the purchaser before marriage, and will not be automatically converted into husband and wife property because of marriage. Even if the husband and wife jointly repay the loan, they cannot jointly obtain the ownership of the house.

When the marriage relationship ceases to exist, the other party's right is only to return the original purchase price and the interest paid, and it cannot claim other claims for fruits (appreciation part) arising from the appreciation of the mortgaged house before marriage. In order to balance the rights and interests of husband and wife and maintain normal family relations, after marriage, husband and wife can make an agreement on such property and change the original title certificate at the housing registration department, so as to avoid differences in the future, affect the feelings of husband and wife and even damage the rights and interests of one party.

In another case, the purchaser paid the down payment in accordance with the commercial housing sales contract and went through the bank mortgage formalities, but did not handle the house property certificate in time, and did not handle the house property certificate until after marriage. In this case, when handling the house ownership certificate, the real estate registration department will ask the husband and wife to reach an agreement and handle the property certificate according to the agreement, which can effectively avoid real estate disputes, protect the legitimate rights and interests of the parties and maintain family stability.

There is also a case of buying a real estate before marriage, without a loan, and also handling a real estate license. In this case, whether to change the title certificate and add someone is an internal family matter, so we should handle it carefully.

It is worth noting that if both parties contribute before marriage, when handling the property right certificate, both parties should indicate the obligee on the property right certificate. According to the current laws of our country, unless otherwise agreed by both parties, the property before marriage belongs to each other.

But the ownership of the house is subject to the registration of the real estate management department. If the property purchased before marriage is funded by both parties, but only one party's name is listed on the property ownership certificate, the party that contributed but is not registered as the owner of the house is at a disadvantage in the disposal and division of the house. Once the two parties go to court, their rights may not be protected when dividing property.

It is useless to add a name to the new marriage law. 3 the new marriage law stipulates that real estate should be added.

1, before marriage and after buying a house, only write the name of one of them.

No matter which party bought the house first, as long as it is the full house bought before marriage, after divorce, the division of property can be regarded as "pre-marital property" as long as one's name is written! Even if the other half's name is added after marriage, she (he) cannot share the house after marriage. After the implementation of the new marriage law, those "cheating on marriage" behaviors can be effectively cracked down.

2. One party buys a house in full and only writes the other party's name.

According to the provisions of the new marriage law, no matter before or after marriage, as long as one party can prove that the house was "donated" by the other party, even if the other party buys the house in full, it has no right to divide it after marriage.

3. Buy a house with a loan before marriage, and register in the name of one party before marriage.

Borrowing money to buy a house in full is different from buying a house in full. Buying a house with a loan will also involve the problem of repayment ratio. If it is a pre-marital loan, whose name is the registered general house, then the house belongs to whom. However, if the husband and wife repay the loan together after marriage, then the person who borrows to buy a house needs to pay compensation to the other party, including the value-added part of the property.

4. Property before marriage and property purchased after marriage shall be registered in the name of one party.

I believe everyone will know something about the provisions of the new marriage law on real estate. Couples who buy a house after marriage, no matter who writes the name, belong to two people. However, if one party can prove that the money bought belongs to pre-marital property and only writes his own name when registering, then the house bought after marriage will also be judged as pre-marital personal property when divorcing and dividing the property, while the other party has no right to divide the property.