Ying Ting Information

Generally speaking, buying a house after marriage is considered joint property in the name of one party. Since property acquired after marriage is generally joint property, if the house purchased after marriage is purchased with the personal property of one party and the name of this party is registered at this time, it will not be considered joint property. In the newly promulgated Civil Code, the real estate part has not been revised, and the issue of real estate distribution still continues the old law.

The property purchased by a man and a woman after marriage is the common property of both husband and wife, and in principle, it is divided equally between the husband and wife. If one party purchases the property before marriage and registers it in the name of one party and does not repay the loan, it belongs to the other party's personal property and the other party has no right to divide it. If there is a loan repayment, one party needs to compensate the other party for the joint repayment and appreciation of the loan.

However, there are also cases where a house purchased after marriage is only written in one party’s name and is not considered joint property. In other words, the payment for the property is personal premarital property, and when purchased in full, the property is considered personal property.

The professional areas of lawyers of Beijing Yingting Law Firm include: legal services in safeguarding the rights of various types of houses and breeding farms and other building structures that are deemed to be illegally constructed (illegal construction), expropriation and demolition of companies, enterprises, factories, and breeding farms, expropriation and compensation of houses on state-owned land, rural land expropriation and housing resettlement compensation, administrative agreements, etc. The scope of agency covers Beijing, Shanghai, Tianjin, Yunnan, Guizhou, Sichuan, Chongqing, Xinjiang, Qinghai, Gansu, Jilin, Liaoning, Shandong, Hebei, Henan, Hubei, Hunan, Shaanxi, Anhui, Jiangsu, Zhejiang, Jiangxi, Guangdong, Fujian, Hainan and other regions.

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 the joint property of husband and wife, you can consult a lawyer at Beijing Yingting Law Firm for one-on-one online consultation.