Does buying a house in full before marriage and adding a name after marriage count as joint property?This is a common issue that relates to the relevant provisions of the Marriage Act and the division of property. The following will give you a detailed introduction to this problem.
First of all, we need to understand the definition of marital property in the marriage law. According to the Marriage Law of the People's Republic of China, the property acquired by husband and wife during the existence of the marital relationship shall belong to the joint property of the husband and wife, unless otherwise provided by law. This means that if one party buys the property in full before the marriage and adds the name of the other spouse after the marriage, then the property is part of the marital property.
Secondly, we need to think about the way we add names. According to the provisions of the Provisional Regulations of the People's Republic of China on the Registration of Immovable Property, both husband and wife may jointly apply for the registration of alteration of the ownership of immovable property. Therefore, if one party applies to the real estate management department for a change of ownership of the real estate after the marriage, and adds the name of the other party to the real estate certificate, then the property belongs to the joint property of the husband and wife.
However, it is important to note that if one of the parties has expressly agreed that the property is personal property when purchasing the property in full before the marriage, and there is no registration of any changes after the marriage, the property is still considered personal property. This is because the Marriage Law clearly stipulates that the property owned by the spouses before the marriage is personal property.
In addition, if one party adds a name after the marriage, and the parties sign a prenuptial agreement or an intranuptial agreement to clarify the ownership of the property, then the agreement shall determine whether the property is joint property.
To sum up, if you buy a house in full before the marriage and add your name after the marriage, whether the property is counted as joint property depends on the specific circumstances. If no changes are registered or the relevant agreement is signed, the property is still considered personal property;If a change is registered or an agreement is signed, the property may be considered community property. Therefore, when dealing with such issues, it is advisable to consult a professional lawyer for accurate legal advice. Search Topic Full Time Challenge December