Is a house purchased after marriage considered joint property of the couple?
Time:
2022-08-22
Is a house purchased after marriage considered joint property of the couple? Below, a senior lawyer from Liaoning will answer for you.
As long as the house is purchased during the marriage and there are no explicit provisions, even if only one person's name is written on the property deed, it will be recognized as joint property of the couple.
However, if the house is purchased with funds from both parents and the property rights are registered only in the name of one child, then the house can be recognized as jointly owned according to the respective contributions of the parents, unless otherwise agreed by the parties involved. In such cases, proof of contribution from both parents must be provided; otherwise, it will generally be recognized as joint property of the couple.
As long as the house is considered joint property of the couple, it will generally be divided fairly during a divorce. The court will also make a fair judgment on this matter, so the parties do not need to worry.
When a couple buys a house together after marriage, they must pay special attention to four aspects: signing the contract, applying for a mortgage, and the transfer of ownership, all of which require both parties to be present. When applying for a loan, it must also be done in the name of both spouses, and the bank will assess whether both meet the loan conditions. Both parties must sign when handling related procedures.
Generally speaking, as long as the house is purchased during the marriage, both spouses have equal rights to handle the property. If there are special circumstances, the respective shares of the property should be determined in advance to avoid disputes in the future; otherwise, the shares will still be determined based on equal proportions.
According to the Marriage Law: "Property acquired by the couple during the marriage belongs to the couple jointly, unless otherwise agreed by both parties." Therefore, during the joint home purchase process, even if the other party's name does not appear on the property deed, it does not affect their ownership of the house.
More News
2024
08-14
2024
08-13
2024
07-30
2024
01-27
2023
09-23