Real estate certificate for the marital home
Both lovers about to enter the matrimonial hall share the common expectation of double宿double栖, and growing old together. However, with the price of commercial housing skyrocketing, the high cost of purchasing a home has turned this originally shared "happy nest" into a hurdle facing couples.
In this issue of Real Estate Lecture, let's talk about the signing of the real estate certificate. Pre-marital property and joint marital property
Special invited lawyer
Pre-marital property
Pre-marital property refers to property that one spouse has already obtained before marriage, including building materials. Regardless of whether it is movable or immovable property, tangible or intangible property, as long as it is legally obtained, it is protected by law.
Joint Marital Property
Joint marital property refers to property jointly owned by both spouses during the subsistence of the marital relationship, which is governed by China's Marriage Law. Both spouses have equal rights in handling jointly owned property.
Definition of property rights for pre-marital and post-marital home purchases
"Before marriage" and "pre-marital home purchase" definition
The confirmation of pre-marital property has two key time points: one is the time point from "before marriage" to "after marriage"; the second is the "home purchase" time point, i.e., when it is considered a successful home purchase.
Post-marriage home purchase by parents may not necessarily be considered joint marital property
According to the Marriage Law, if after marriage, parents fund the purchase of a house for both spouses, it is considered a gift to both unless explicitly given to one party. This means that a house bought by parents after marriage is not necessarily joint marital property.
Detailed explanation based on typical cases
Case 1:
Xiaoying and Chenliang are getting married. Not long ago, Chenliang's family bought a new house and paid a down payment of 300,000 yuan. Xiaoying is happy but also has concerns: the purchase contract lists only Chenliang and his father's names, yet the remaining 180,000 yuan loan will be repaid jointly by the couple after marriage. Whose property does this house count as?
Case 2:
45-year-old Mr. Zhang, an enterprise boss, gave a house as a birthday gift to his girlfriend last year and completed the transfer registration, even notarizing the gift agreement. Unexpectedly, half a year later, Ms. Hua proposed breaking up. Can Mr. Zhang reclaim the original house?
Lawyer's answers:
1. Whether the parents' funding occurs before or after marriage significantly impacts the recognition of joint marital property. Based on Xiaoying's description, the portion funded by the parents and its subsequent appreciation should be considered Chenliang's personal pre-marriage property, belonging solely to him in case of divorce.
At the time of divorce, the court will rule that the house belongs to the purchasing party, but they must pay the other party half of the mortgage payments and the corresponding appreciation value.
2. Mr. Zhang gifted the property to Ms. Hua, completed the transfer registration procedures, and had the gift notarized at the notary office. Later, Mr. Zhang's request to reclaim the house due to a failed relationship lacks legal basis, making it impossible to recover the house.
Two scenarios for adding names to the real estate certificate
Scenario One: Property purchased jointly after marriage
If the real estate certificate currently lists only one party’s name and you wish to add the other party’s name, both parties need to bring their marriage certificate, ID card, and real estate certificate to the real estate bureau service hall, fill out an application stating joint ownership, and proceed with the business of adding co-owners to the real estate certificate. The costs include mapping fees, registration fees, etc., totaling less than approximately 100 yuan.
Scenario Two: House purchased individually before marriage
After marriage, if the spouse wishes to be added as a co-owner, the property transaction process must be followed, either through second-hand property transfer or gifting. In such cases, taxes such as deed tax, individual income tax, and business tax need to be paid.
Zhai Jiangbo
Practicing at Henan Litiang Law Firm, intermediate economist.
Specializes in contract disputes and real estate disputes.
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Property ownership in marriage
Real estate is an important asset for citizens to settle down and plays a significant role in personal and family life.
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