tech

Since ancient times, it has been a Chinese tradition to have a new marital home for a wedding. Traditionally, the groom's family is responsible for providing this home, and in most cases, the property is registered solely in the groom's name.

If the bride's family contributes financially, it is more likely that the property will be registered in the names of both the bride and the groom.

Many people have a simple understanding of property ownership: whoever's name is on the property deed, the property belongs to them. However, nowadays, having your name on the deed does not necessarily mean you own the property. The specific reasons are due to the following four new regulations.

1. Full payment for the purchase of a house before marriage, the house belongs to the party who paid for it

In order to protect the independence of pre-marital property, a new regulation issued by our country some time ago clearly states that if a house is purchased in full by one party, even if the other party's name is added after marriage, the other party still has no right to divide part of the property rights on the grounds of the marital relationship. The ownership of the property has always belonged to the person who paid for the house in full.

Advertisement

To put it simply, if the groom buys a house in full before marriage, then after marriage, no matter what reason the bride has, she cannot divide a penny from this house. Conversely, it is the same.If the woman purchases the house in full before marriage, then after marriage, no matter what reason the man has, he cannot divide a penny from this house.

In the traditional concept of marital property, once a person is married, all pre-marital property belongs to both the man and the woman.

However, due to the complexity of modern society and the increasing emphasis on private property, such a concept of marital property is no longer suitable for the current society.

To reduce property disputes caused by changes in marital relationships, our country has introduced a new regulation that focuses on protecting the independence of personal pre-marital property.

But it should be noted that for the party who purchases the house in full before marriage, it is necessary to properly keep all the vouchers when purchasing the house, including but not limited to the purchase contract, payment voucher, property certificate, and so on.

These things are important evidence to prove the ownership of the property. If you lose any item, then when a dispute arises, the law may not be able to support the property belonging to you.

Also, when purchasing a house, the party who purchases the house in full can consider having sufficient communication with the spouse to clarify the ownership of the property rights, and further confirm it by signing a written agreement.Although according to the new regulations, even if you do not sign a written agreement, or directly include your spouse's name in the property deed, it will not affect the ownership of the property rights.

But with this written agreement, there is an additional layer of protection, which can reduce unnecessary misunderstandings and disputes.

II. Joint mortgage repayment after marriage, the property belongs to the down payment party

At present, the housing in our country is so expensive that many times, it is impossible for the male family alone to buy a house in full.

So the solution is either to buy a house in full together with the female family, and write both names on the property deed; or the male family first gives a down payment, and the mortgage in the future is jointly borne by both parties, and the property deed is also normally written with both names.

In real life, the female family is very likely not to pool money with the male to buy a house in full. And many times, even with the money from the female family, it is also impossible to buy a house in full.

So, the former is relatively rare, and the latter is more common.

In order to balance the economic contributions of both parties in the marriage relationship and ensure that when both parties jointly repay the mortgage, their respective rights and interests can be effectively protected. The new regulations have made appropriate provisions for the latter situation.In traditional concepts, whoever invests a significant amount of money to pay the down payment before marriage should be entitled to the property rights of the house. However, this traditional view clearly overlooks the interests of the party who will participate in the joint repayment of the mortgage in the future.

With the trend of modern couples sharing family responsibilities becoming increasingly apparent, this part of the interests can no longer be ignored.

The new regulation stipulates that if one party pays a large amount of money for the down payment before marriage, and then both parties bear the obligation to repay the mortgage before marriage.

Then, the ownership of the house still belongs to the party who paid the down payment before marriage. However, the part of the mortgage repaid jointly by both parties after marriage, as well as the profits generated by the appreciation of the house in the future, should be regarded as the common property of the couple and should be divided to the non-down payment party in the event of a divorce.

In this way, the new regulation effectively protects the legal rights and interests of the party who repays the loan jointly after marriage, and promotes the fairness and harmony of the marital relationship.

III. If parents pay for the purchase of a house, the ownership of the house belongs to the party who contributes the funds or is shared according to the proportion of the contribution.

With the continuous development of the real estate market and the increasing complexity of family property relationships, it is almost impossible for young people to buy a house on their own under the current high housing prices and the sluggish job market.Especially for the male party, their parents will more or less contribute financially to help buy a house. Some parents pay the full amount directly, while others just cover the down payment.

According to the normal concept, whoever pays the full amount or provides the down payment, the house belongs to that person. Therefore, since it is the parents who contribute to buying the house, the property rights of the house will be attributed to the parents, even if the property deed is written in the name of the children.

Of course, in reality, only a very small number of parents have the financial strength to pay the full amount for their children to buy a house. Most parents can only help as much as they can.

That is to say, in this house, both parents and children have contributed a part. In such a case, the ownership of the property rights needs to be determined according to the specific situation and the agreement between the two parties, but it tends to protect the interests of the party who actually pays more money.

In real life, there are also many families where both parents contribute to help the newlyweds build a house.

In such a case, it is necessary to further refine the situation according to the situation where both parents jointly contribute to the purchase of the house, and share the property rights of the house according to the proportion of their contributions. This not only reflects the principle of fairness but also encourages economic mutual assistance and support among family members.

From here, we can see that the purpose of this third new regulation is to protect the interests of the party who pays more money in purchasing the property as much as possible.

Whether it is the male party, the female party, or the parents of both parties, whichever party pays more money, the more they should want the ownership of the house.The following article has been translated into English:

Encourage family members to support each other in major economic decisions such as purchasing a house, share the economic pressure together, and reflect the spirit of mutual assistance as a whole family through such regulations.

IV. Joint purchase of a house after marriage, the house belongs to both husband and wife

In reality, there are some loving couples who choose to enter the marriage hall first, and then slowly save money to buy a house together.

For those who buy a house together after marriage, under normal circumstances, both names will be written on the property certificate. If this is the case, then there will naturally be no contradictions.

However, in real life, there is such a situation. The house was bought by the couple together after marriage, but after finally buying it, it is not written in the names of both parties.

Either the man deceives the woman to write only the man's name, or the woman deceives the man to write only the woman's name.

In this case, when they want to divide the property in the future after the marriage breaks down, it will be difficult. If it is only based on who is written on the property certificate in the past, the final result will often lead to the loss of the party who is deceived.

However, with the introduction of the new fourth rule, no matter whose name is written on the property certificate, as long as the house is bought by the couple together after marriage, it should belong to the category of joint property of the husband and wife. The property of the house should also belong to the couple.This provision breaks the traditional notion of "who signs, who owns" prejudice, ensuring that the wealth jointly created by the couple in marriage is treated equally. It also helps to encourage the couple to work together and support each other, because it emphasizes that marriage is not only a combination of emotions but also a community of economic life. The couple should support each other and face the challenges of life together.

What is the use of the property deed signature?

As mentioned earlier, we can simply state the first new rule as follows: If Party A buys a house with the full payment before marriage, then even if the property deed is written in Party B's name after marriage, the property rights of the house still belong to Party A.

The second new rule can be simply stated as follows: If Party A pays the down payment for the house before marriage, and the mortgage is repaid jointly by both parties after marriage, no matter whose name is written on the property deed, the property rights of the house still belong to Party A.

However, the part of the mortgage repaid jointly and the benefits generated by the appreciation of the house in the future belong to both parties.

The third new rule can be simply stated as follows: If both parties, or the parents of both parties, pay for the house, no matter whose name is written on the property deed, the property rights of the house belong to the party who pays the money.If a house is purchased with contributions from multiple parties, then the property rights are shared according to the proportion of the investment.

Simplify the fourth new rule as follows: If parties A and B jointly invest in purchasing a house after marriage, then regardless of whether the property deed only has the name of party A or party B, the house belongs to both parties A and B.

From this, we can see that after the introduction of these four new rules, the impact of the name on the property deed on the final ownership of the house has become very small.

Many netizens ask, if that is the case, what is the use of the current property deed name?

In fact, the name on the current property deed still has considerable legal significance.

On the one hand, the name on the property deed is still a symbol of the ownership of the house, indicating that the named person is one of the legal owners of the property;

On the other hand, in economic activities involving house transactions, mortgages, leases, etc., the name on the property deed can serve as a basis for proof of rights.

At the same time, in the event of a property dispute, the name on the property deed can serve as a basis for dispute resolution, helping to reduce unnecessary disputes and litigation.Conclusion

In summary, as people increasingly value the independence of pre-marital property and the division of post-marital property, the traditional method of crudely attributing property rights to the person whose name is on the property deed is no longer appropriate.

Under such circumstances, China has timely introduced four new regulations regarding the ownership of real estate property rights, which no longer makes the name on the property deed the decisive factor, enhancing the independence of men and women's pre-marital property.

Especially in complex situations involving marital relationships, family property division, and inheritance, the court will consider a variety of factors comprehensively when determining the ownership of the property, such as the source of the funds for purchasing the house, the true intention at the time of purchase, and the contributions made during the marriage.