Legal information

In our daily life, joint property of husband and wife is very important to people, especially when divorcing, we need to understand the scope of joint property of husband and wife. So, is a house bought before marriage considered joint property after marriage? Next, the editor of Yingting Law Firm will give you an introduction. Let’s take a look.

Is a house bought before marriage considered community property after marriage? Real estate purchased before marriage does not necessarily belong to the joint property of husband and wife or personal property. It should be judged according to the specific circumstances whether the house purchased before marriage is joint property of husband and wife and whether the property is jointly owned by husband and wife. This should be discussed in detail on a case-by-case basis. In reality, there are generally the following three situations:

1. A house purchased by one party with his own capital before marriage. According to regulations, one party's pre-marital property is the personal property of one party. Before marriage, the house that one party has purchased, paid for and owned is obviously one party's pre-marital property and is personal property, not the joint property of the couple. However, if one party invests in purchasing a house before marriage, but for some reason registers the property rights in the names of both parties, it is deemed to be a gift to the other party.

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In this case, the house is jointly owned by the couple.
2. A house purchased with capital from one parent or both parents. If a house purchased with capital from one parent for a child is registered in the name of the investor's child, it will be deemed to be gifted to only one of the children, and will be deemed to be the personal property of one spouse. However, if the property rights are registered in the names of both spouses, it will be deemed to be gifted to both spouses, and the house shall be recognized as joint property of the couple.

Second, if the house purchased by both parents is registered in the name of the child, the house can be confirmed as joint property based on the parents’ share of the investment. In fact, many parents have exhausted their life savings to buy a house for their children. This provision is also to protect the property of both parties to the marriage and their parents.
3. If one party signs a house purchase contract before marriage, uses personal property to pay the down payment for the house, and after marriage uses the joint property of the couple to repay the loan, and the house is registered in the name of the down payment house, an agreement can be reached first.

If an agreement cannot be reached, the court generally determines that the house belongs to the party who registered the property rights, and the joint repayment of the loan by both parties can be compensated by one party. Legal basis:
Article 1063 of the Civil Code of the People's Republic of China stipulates 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. According to the second part of the "Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of Civil Policies and Laws", the joint property of husband and wife also includes:

(1) If the property before marriage and the property after marriage cannot be ascertained, or if it is personal property before marriage but has been married for many years and has been used, operated and managed jointly by both parties for a long time, it can be regarded as joint property of the husband and wife;
(2) During the marriage, the demobilization and re-employment fees earned by demobilized and demobilized servicemen can be divided according to the common property of the husband and wife in the event of divorce, if the husband and wife have lived together for a long time;

(3) The current year’s income from diversified operations and contracted responsibility fields during the relationship between husband and wife, as well as the funds invested in breeding and breeding professions that have no income in the current year;
(4) Gold, silver, jewelry and other property donated by one or both parents after the marriage is registered.

The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail.