Nowadays, the purchase of a wedding house can be regarded as the foundation for the beginning of a marriage relationship, and it is also to give the woman a stable and satisfactory answer. Although this problem is more realistic, it still needs to be implemented. So, do the names on the real estate certificate have to be that of a husband and wife? I believe you will definitely be interested in this... If you want to know more about whether the names on the real estate certificate must be that of a husband and wife, follow the editor of Hualv.com Take a look.
1. Do the names on the real estate certificate have to be that of husband and wife?
In practice, adding names on the real estate certificate does not necessarily require marriage. ***Same property owner, Parents and others can also add their names to the property deed.
How to add your name to the real estate certificate:
1. If you are buying a house with a loan, it can only be handled in accordance with the principle of whoever borrows the loan signs, ensuring that the house purchase contract, loan contract and real estate certificate The reason for the unified signature is to avoid bank loan risks. If you want two people to own the property together, you can apply for a property ownership certificate. That is, the property certificate must still be in one person’s name. The attached ownership certificate can legally mark the ownership of the property. ***Belong together.
2. *** has property rights means that the real estate certificate still has the name of a person, but there is *** person’s name in the column of ***, and the property rights of the property belong to *** For those with the same property rights, their respective shares can be notarized at a notary office.
3. There is no need to apply for two certificates. If the property needs to be owned jointly by two people, you can apply for the property rights when applying for the real estate certificate, which is in the real estate certificate. **Please fill in the name of the person in the person column when applying***. The real estate certificate must still be in one person's name, and the attached ownership title can legally mark the ownership of the property.
2. Can you get half of the property if you add your name on the property certificate in divorce?
If the woman’s name is on it, she has a share of property rights in the property. But when there is a name division, it does not necessarily mean one-half. Regarding the division, if there is an agreement, it depends on the agreement. If there is no agreement, factors such as the contribution of each party to the property need to be comprehensively considered.
In addition, if the house is purchased before marriage and there is no agreement to repay the loan, then at the time of divorce, if the real estate certificate only has the man’s name, then the house will be personal property before marriage and will belong to the owner.
If a house is purchased before marriage but the loan is repaid at the same time, and the real estate certificate only has the man’s name, according to the relevant provisions of the new judicial interpretation of the Marriage Law, the amount paid by both parties after marriage and the corresponding increase in property value will be paid at the same time. In part, in the event of divorce, according to the provisions of Article 39, Paragraph 1 of the Marriage Law, the party registering the property rights shall compensate the other party.
The addition of a name on a property ownership certificate is essentially a gift from one party to the other, so there is no difference in legal effect if the name is added before or after marriage.
If the loan has not been repaid, it must be determined whether the property itself is individual property before marriage or joint property of the couple. If the property belongs to the husband and wife, the unpaid loan portion will be treated as the joint debt of the husband and wife. If one party purchases the property before marriage and repays the loan during marriage, the unpaid loan will continue to be repaid as the property owner's personal debt, and the repaid portion and its appreciation will be divided as joint property of the couple.
3. There is a difference between adding a name to a house after marriage and not adding one's name to it
Whether one adds a name to the real estate certificate or notarizes the property before marriage, the safer way is for all parties to sign an agreement regarding the share of property rights and The method of segmentation should be clarified to avoid conflicts.
There is still a difference between buying a house after marriage and not adding your name. Unless otherwise agreed, in principle, the property purchased after marriage is the joint property of the husband and wife. However, for external parties, the property rights of the house shall be subject to registration. , so whether there is a name or not makes a difference in the house transfer process. If there is only one party named after the marriage, then in theory he or she does not need to obtain the consent of the spouse when he or she wants to sell the house. The spouse may be sold the house without knowing it.