Marriage Law issued a new regulation: "Whose name should be written in the real estate certificate" will not affect the division of the real estate, and it is useless to make trouble! Nowadays, houses are big assets. The most valuable thing in a family is the house. The house is also an important part of family wealth. There are more and more conflicts due to the division of real estate. After all, in a family, marital disputes or divorce are also Normally, when you get married, you are as good as one person. When you get divorced, you are as indifferent as a stranger. Even two people go to court. So when they get married, many couples ask to write the names of two people, otherwise they feel insecure. . In fact, there are new regulations in the Marriage Law, "whose name is written on the real estate certificate", and divorce does not affect the division of real estate.
In the new marriage law, even if your name is written in the real estate certificate, the real estate is not necessarily yours. As long as it is pre-marital property, it belongs to the individual and does not belong to the joint property of the spouse. If one spouse buys a house before marriage and pays the house payment in full Such a real estate belongs only to the purchaser. Unless the husband and wife have other agreements, the property rights of the house will not be transferred during the marriage.
Some people say that the current high housing prices are caused by "mothers-in-law", because when marrying a daughter, one of the prerequisites is to have a house, otherwise marriage will encounter obstacles. In fact, this is understandable, because everyone wants their children Living in a peaceful and stable environment, who wants to marry their daughter to a homeless wanderer, who wants her daughter to suffer? In the face of love and bread, sometimes it is difficult to make a choice. If one day, the marriage "disintegrates", how should the family wealth created together be distributed? In the old marriage law, when a husband and wife divorce, the property is often divided between five and five. As long as it belongs to the joint property of the husband and wife, each will be divided at 50%.
This has caused many cases of false marriages or fraudulent marriages. In order to obtain property, some people will falsely marry others, and finally get divorced, and then take the man’s or the woman’s possessions. However, the new marriage law has closed this loophole. Starting from October this year, no matter whose name is written on the real estate certificate, it will no longer affect the distribution of divorced real estate. Let's look at a case. The couple did not buy a house before marriage, but they bought a house together after marriage. No matter whose name is written on the real estate certificate, it will not affect the division of property at the time of divorce.
Here we will look at several situations in detail. First, before the marriage, the man bought a house, about 1 million yuan, and he was on a blind date with the wife. The two have been dating for more than a year, and finally get a certificate and give birth after two years. The child felt that the house was not big enough, so he sold the house, and then bought a large house, about 1.5 million yuan. During this period, the woman also paid part of the mortgage, but most of it was paid by the man, and there was no woman’s on the real estate certificate. first name. The problem of
is that after 5 years of marriage, the woman cheated and was discovered by the man, and the two decided to divorce, then how should this house be allocated? Is it based on five or five points, or is it all for the man? Is it because the woman’s name is not on the real estate certificate and the woman cannot divide the house after the divorce? The answer is definitely no. According to the new marriage law, there are strict standards for real estate before and after marriage. Since most of the payments are made by the man and the woman is at fault, the man will be divided into most of the properties at the time of divorce, and the woman will enjoy A small part of real estate is no longer half-and-half.
Here is another situation, that is, the woman takes care of her family very much, and she has always taken care of her parents. The man who cheated is the man. If divorce, how should the real estate be divided? According to the new marriage law, even if the man’s money is the majority, the man who made the mistake, even if the woman’s name is not on the real estate certificate, the woman can also participate in the division of the real estate. At this time, it can be divided into five to five points, which means 50 for each %, here is the meaning of compensation to the woman.
It is worth noting that running a married life is the responsibility of two people. It is impossible for everything to be AA system. Sometimes it doesn’t care who pays more and who pays less. For example, a house of 1 million, the man If the woman did not write her name, if the woman did her responsibilities in the family life, the property would belong to the joint property after marriage. When the court decides, it will be based on various In the actual situation, the judgment may be made by the woman.
We are also concerned about a situation. If the husband and wife get married and the man runs a business and finally succeeds, the market value is as high as hundreds of billions. If the husband and wife divorce at this time, this is a very large property. It’s not that real estate division is simple,It can be settled by private negotiation between the husband and wife. Maybe the man will give the woman tens of billions of equity or cash.
In short, the new marriage law is now very detailed, and it cannot be said in a sentence or two. In the process of marriage and divorce, there are many situations of property division, so we will not repeat them one by one. Now, no matter who writes in the real estate certificate The name will not affect the divorce, because the division of the property will be divided according to the specific circumstances.