Regarding the ownership of house property rights, our country is based on registration, that is, under normal circumstances, the house belongs to whoever is registered in the name, unless the real estate registration is indeed wrong.
However, in divorce cases, the ownership of the house has its own particularities, and the registration doctrine cannot be used as the criterion for determining the right holder, and the relevant provisions of the marriage section of the Civil Code should be applied first.
In this article, we will discuss the ownership of the property in the event of divorce.
1. What are the "houses" of the personal property of one of the spouses
1. Before the marriage, if one party purchases a house in his or her own name, and purchases it with his personal property or his parents' contribution (paid in full in a lump sum or the loan has been paid off before marriage), the house is the personal property of the purchaser.
2. After marriage, if one party purchases a house in his or her own name and all of his or her personal property (if there is a loan, it must also be paid by the buyer's personal property), the house is the personal property of the purchaser.
After the marriage, there may also be cases where one of the parents fully finances the purchase of the property and registers it in the name of the child, and if it is determined in the gift contract that the property belongs only to the child, the house is the personal property of the purchaser.
Legal basis] Paragraph 1 of Article 1062 of the Civil Code: The following property acquired by the husband and wife during the existence of the marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife:4) Inherited or donated property, except as provided for in Paragraph 3 of Article 1063 of this Law
Article 1063 of the Civil Code The following property is the personal property of one of the husband and wife:3) Property that is determined in a will or gift contract to belong to only one party;
Paragraph 2 of Article 29 of the Interpretation (1) of the Supreme People's Court on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China: After the parties get married, if the parents contribute to the purchase of a house by both parties, it shall be handled in accordance with the agreement;Where there is no agreement or the agreement is not clear, it is to be handled in accordance with the principles provided for in item 4 of paragraph 1 of article 1062 of the Civil Code.
3. The house that is clearly inherited by only one of the husband and wife in the will.
2. What are the houses that belong to the joint property of the husband and wife?
a) Before marriage.
1. Before marriage, both parties jointly contributed to the purchase of a house, and the house was registered in the names of both parties, and the house was divided as the joint property of the husband and wife at the time of divorce.
2. Before marriage, both parties jointly contributed to the purchase of a house, and the house was registered in the name of one of the parties, in this case, it is necessary to judge whether the purpose of the purchase is to be used jointly after marriage, and if so, it will generally be regarded as joint property.
3. If one of the parents contributes all or part of the capital to purchase a house before marriage, and the house is registered in the name of the spouse of the child's child or both husband and wife, it will generally be recognized as joint ownership.
4. Before marriage, the parents of both parties jointly contributed to the purchase of a house, which is registered in the name of both husband and wife or in the name of one of the spouses, and the house shall belong to the joint property of the husband and wife.
b) After marriage.
1. After marriage, one party purchases a house with pre-marital property, and the house is registered in the name of both husband and wife or in the name of his or her spouse, and the house shall be regarded as the joint property of the husband and wife.
2. After marriage, both parties use common property to purchase a house, and the house is registered in the name of both husband and wife or in the name of one of the spouses, which belongs to the joint property of the husband and wife.
3. After marriage, one of the parents fully contributes to the purchase of the house, and the house is registered in the name of both husband and wife or the spouse of the children of the funder, and the house will generally be recognized as the joint property of the husband and wife. If it is not clearly stipulated in the gift contract that the property belongs only to the children, and there is no clear agreement on the ownership of the house, the house shall be treated as joint property.
4. After marriage, one of the parents contributes to the purchase of the house, pays the down payment, and the husband and wife jointly repay the loan after marriage, and registers it in the name of the children of the investor or the name of both husband and wife, and the house is the joint property of the husband and wife.
5. After marriage, the parents of both parties contribute to the purchase of a house, and the house is registered in the name of one of the parties or in the name of both parties, and the house belongs to the joint property of the husband and wife, unless otherwise agreed.
In addition, one of the parents makes a down payment before marriage, and the house is registered in the name of the funder's children, and the husband and wife jointly repay the loan after marriage. In the event of a divorce, the property is generally awarded to the party who registered the title, who pays the remaining loan. The property rights registration party shall compensate the other party for the joint repayment of the loan (including principal and interest) and the increase in the value of the house by the husband and wife during the marriage.
The above is for reference only.