Is the house built with installments before marriage a common property?
Clause 1, Article 33 of the 2014 Law on Marriage and Family stipulates that the common property of the couple includes properties created by the spouse, the income caused by labor, production, business activities, flowers, profit, and other legal income and other legal income during the marriage period, except in the case prescribed in Clause 1, Article 40 of this Law; The property that the couple is inherited or given to the common and other property that the couple agreed is the common property.
According to the above provisions, the house purchased with installments before registering the marriage but the installments during the marriage period is paid by the salary or other income of the husband and wife in the marriage period, the house with the installment payment is the common property of the couple.
According to Clause 3, Article 33 of the 2014 Law on Marriage and Family, in cases where there is no basis to prove that the assets of the husband or wife in dispute are the property of each party, those assets shall be considered common property.
Thus, for home buyers who pay in installments before registering for marriage for the purpose of making personal property and standing alone, when selling, they must still have the consent of the other husband or wife or when divorcing, they must still divide the installment if the payment is the salary or other income during the marriage period, unless paid in money given or inherited separately.
Can the names of the husband and wife be added to the red book?
Clause 4, Article 135 of the 2024 Land Law stipulates that: In case of land use rights or land use rights, ownership of property attached to land or ownership of properties attached to the land is the common property of the husband and wife, the certificate of land use rights, certificates of ownership of housing and land use rights, housing ownership certificates, land use right certificates, land use rights, land use rights, land use rights, land use rights, land use rights, land use rights, land use rights, land use rights, land use rights Certificate of land use rights, ownership of assets attached to the granted land only records the full name of the spouse, they will be changed to the certificate of land use rights, ownership of assets attached to the land to record both their full name, wife's name and name if required.
Thus, when real estate is a common property but the Certificate only records the name of one person, it will be issued and changed to a new Certificate to fully record the full family name, wife's name and family name, and husband's name if required.
