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Article author:Yingting Lawyers Group | Update time:2023-06-30 | Reading times:462
Buying a house after marriage requires only one name and two people signing it when selling the house. Because the ownership of the house bought after marriage belongs to two people, and the husband and wife are joint property and have equal rights to handle it, so both parties need to sign when selling the house. When a couple buys a house after marriage, who has to divide the house after divorce?
If one party sells the property jointly owned by the couple without authorization, it is an act that they have no right to dispose of, and they can apply to the court to revoke the sale. Lin Lin reminds you that even if the property is purchased by the couple after marriage, unless they have an agreement on the property after marriage, it is still the joint property of the husband and wife in the Civil Code.
The lawyers of Beijing Yingting Law Firm are mainly engaged in administrative litigation of large and medium-sized enterprises, government-enterprise disputes and other difficult legal issues, involving investment projects, corporate relocation, land resumption, mineral resource suppression, maritime rights disputes, corporate restructuring and bankruptcy and other legal services. If you have any relevant questions, please call or leave a message, we will reply as soon as possible.
Legal basis: Article 1062 of the Civil Code of the People's Republic of China. The following properties acquired by husband and wife during the marriage relationship are the common property of the husband and wife and shall be owned jointly by the husband and wife:
(1) Wages, bonuses, and labor remuneration;
(2) Income from production, operation, and investment;
(3) Income from intellectual property rights;
(4) Property inherited or donated, except as provided for in Paragraph 3 of Article 1063 of this Law;
(5) Other property that should be jointly owned. Husband and wife have equal rights to handle the common property. Article 1063 of the Civil Code of the People's Republic of China states that the following properties are the personal property of one spouse:
(1) One party’s pre-marital property;
(2) Compensation or compensation received by one party due to personal injury;
(3) Property determined to belong to only one party in the will or gift contract;
(4) Daily necessities for one party’s exclusive use;
(5) Other property that should belong to one party.
The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail. If you still want to know more about house sales, you can consult a lawyer from Beijing Yingting Law Firm for one-on-one online consultation.
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