Legal analysis
Signing a house purchase contract generally requires a down payment, which is a legal guarantee way to urge the debtor to perform his debts and ensure that the creditor's rights can be realized. When signing a contract, the deposit must be agreed in writing, as well as the amount and delivery time of the deposit. If the party paying the deposit fails to perform the debt, it has no right to ask the other party to return the deposit; If the party who accepts the deposit fails to perform the debt, it is necessary to double the debt to the other party. After the debtor performs the debt, the deposit shall be taken as the price or recovered as agreed. The deposit does not have the nature of double return. Property acquired during marriage belongs to the joint property of husband and wife. Since husband and wife share property, it is ok to sign a contract with either of them. If it is specially agreed that the property right of the house belongs to the wife alone, when signing the house purchase contract, both husband and wife must be present at the same time to sign the property agreement, or notarize it as the wife's separate property right. The function of the house purchase deposit is to ensure the smooth progress of the contract. Deposit means that both parties agree to pay a certain amount of money to each other in advance as a guarantee in order to ensure the performance of debts. After the addressee has performed the debt, the deposit shall be offset, dispersed or recovered. If the party paying the deposit fails to perform the agreed debt, it has no right to demand the return of the deposit; If the party receiving the deposit fails to perform the agreed debt, it shall return the deposit twice.
legal ground
Article 1062 of the Civil Code of People's Republic of China (PRC): (1) Wages, bonuses and labor remuneration; (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.