How to Avoid the Common Property of Premarital Houses in Ningbo

The house purchased with the full amount before marriage or the down payment before marriage is, in principle, the personal property of one party before marriage. What really makes the pre-marital house divided in divorce is often not the existence of the marriage itself, but several specific operations after marriage: adding names to the real estate certificate, signing the marital property agreement to agree on common ownership, mixing the money with the post-marital income after selling the pre-marital house to buy a house again, using the post-marital common income to repay the personal real estate loan and generating the corresponding value-added of joint repayment.

Therefore, there are two core ideas to prevent the transformation of pre-marital housing into common property: first, to maintain the independence of property registration, not easily at the registration level to make a common or gift representation. With both, the claim that the house is personal property at the time of divorce has a solid evidence base.

1. legal basis

article 1063 of the Civil Code makes it clear that the premarital property of one of the spouses is the personal property of one of the spouses. The same article also provides that compensation or compensation received by a party for personal injury, property determined to belong only to one party in a will or gift contract, and special household goods, etc., are also personal property, and these provisions together constitute the basis for the determination of personal property.

Article 1065 of the Civil Code stipulates that a man and a woman may agree that the property acquired during the marriage and the pre-marital property shall be owned by each, jointly or partly owned by each or partly jointly owned, and the agreement shall be in writing and shall be legally binding on both parties. This article is both a tool and a risk-the agreement is not clearly written, or the agreement of a common nature is signed hastily to show good faith, the effect is equivalent to the addition of a name. Article 31 of the Interpretation (I) on Marriage and Family of the Civil Code further clarifies that personal property before marriage shall not be converted into joint property of husband and wife due to the continuation of marriage, unless otherwise agreed by the parties; Article 78 stipulates the down payment before marriage, The rules and standards for handling and compensation for joint repayment of houses after marriage.

2. core points

1. Four types of operations that are most likely to lead to conversion

the first category is the name after marriage. The addition of the spouse's name to the title of immovable property, which is part of the transfer registration at the registration level, is usually recognized as a gift in practice, and the house becomes the joint property of the husband and wife, unless the parties have otherwise agreed in writing to specify the share or expressly retain the nature of personal property. The second category is that although the real estate certificate is not named, it has signed a marital property agreement, which clearly stipulates that the house is jointly owned by both parties. In this case, the agreement is binding on both parties, and the effect is basically the same as the name addition.

The third category is the sale of pre-marital housing after the mixed purchase. The sale of the house is placed in the same account as the post-marital salary and operating income, and the mixed funds are used to purchase a new house. The source of capital contribution is difficult to distinguish, and the possibility of the new house being recognized as common property has increased significantly. The fourth category is to use the joint income after marriage to repay the premarital home loan. According to the caliber of Article 78 of the (I) of Interpretation of Marriage and Family, the down payment before marriage and the joint repayment of the loan after marriage are generally awarded to the property right registration party at the time of divorce, but the joint repayment of the loan after marriage and the corresponding value-added part of the house shall be compensated by the registered party to the other party.

2. How to keep the personal property warranty

the safest approach is split management. Pre-marital deposits are kept in a separate account, do not use the account to receive wages, business returns or other post-marital income after marriage. Each step leaves a checkable bank flow, and there is a complete chain when the nature is proved in the future.

The second is to make good use of written tools. The husband and wife can sign a marital property agreement to clarify the ownership of the pre-marital house, the ownership of value-added and rental income, the source of the loan repayment funds after marriage, and the handling of the divorce. If the capital contribution of the parents is involved, the parents shall note the nature of the money at the time of transfer, and form a written statement of the gift at the same time, making it clear that the object of the gift is the individual child. For situations with high value and complex family relationships, notarization can also be considered to enhance the effectiveness of evidence.

3. need to pay attention to the boundary conditions

the natural value added of a pre-marital house after marriage is usually still personal property, and the value added due to rising market conditions does not change in nature due to the marital relationship. However, the rent generated by the rental of the house is closer to the operating income, and there is a situation in judicial practice that is recognized as the joint property of the husband and wife, which needs to be treated separately from the ownership of the house itself.

If, after marriage, a major renovation, alteration or extension of the premarital house has been carried out, the corresponding increase in value may involve the identification of the joint property of the spouses. In addition, after the death of one party, the spouse has the legal right to inherit the premarital house. If he wishes to exclude this result, he shall make arrangements in advance through a will. In cities involving the purchase restriction policy, the verification of the qualification to purchase a house after marriage and the number of family housing units will also affect the registration arrangement, which should be verified before adding a name.

Practical Experience of 4. Lawyers

the pre-marital house itself will not automatically become a common property because of a marriage. What really makes it divided is often several specific actions after marriage: adding a name to the property ownership certificate, signing a common marital agreement, mixing the house price with the post-marital income after the pre-marital house is sold, and then buying a house with the post-marital common income to repay the personal mortgage and generate corresponding value-added. If you want to keep this suite, there are two ideas-to maintain the independence of property registration, to keep the flow of funds clear and traceable, so that every sum of money can correspond to its source.

When it comes to operation, the first is not to easily express common ownership or donation at the registration level, and to think clearly about the consequences before adding a name, because once the registration is completed, the nature often changes. The second is to manage the money separately: the personal account before marriage and the common income after marriage should be separated as far as possible, and the money for selling the house should be stored separately and recorded separately, which can correspond to "the money comes from the suite before marriage"; If you use the common income to repay the loan, you should also keep the repayment record so as to facilitate the settlement of the personal part and the common part in the future. If it is stated in the will or gift that it belongs only to one party, it is also necessary to keep a written document.

In terms of negotiation and response, the party who advocates that the house belongs to personal property should use the registration file, fund voucher and separate account flow to set up the line of "I have not let it mix up". The party who advocates common or compensable will have to look for traces of name-adding records, common repayment and value-added. What needs to be reminded is that there are many boundary conditions-name addition, joint loan repayment and agreement will change the conclusion. The specific conditions should be considered on a case-by-case basis. Don't take such taken for granted judgments as "the house before marriage is absolutely safe" or "one person and half after marriage" as the yardstick. Before starting work, make clear the evidence and time point.