Attention, newlyweds! Buying a house after marriage, pre-marital property is considered as post-marital property.

If you use pre-marital property but buy a house after marriage, do these properties belong to the payer in the marriage or are they counted as the property of both parties after marriage? The lawyer responded that this question is easier to answer. According to the new marriage law, one party after marriage has bought a good house with his own money, which belongs to pre-marital property. If the related assets do not replace the real estate, the house bought after marriage belongs to both husband and wife. If you use pre-marital property but buy a house after marriage, do these properties belong to the payer in the marriage or are they counted as the property of both parties after marriage? The lawyer responded that this question is easier to answer. According to the new marriage law, one party after marriage has bought a good house with his own money, which belongs to pre-marital property. If the related assets do not replace the real estate, the house bought after marriage belongs to both husband and wife.

Case analysis of pre-marital property and post-marital purchase as post-marital property;

Mr. Sun from Shenyang got married in 2004, when the wedding room was purchased at his own expense and belonged to personal property. Not long ago, he and his wife sold their wedding room and bought a new property for the convenience of work. Mr. Sun wants to know whether this newly bought house belongs to his pre-marital property.

The wedding room is too far from the unit.

Mr. and Mrs. Sun work in a company in Huanggu District. Before getting married in 2004, Mr. Sun told his wife that he had a house in Dadong District, which was sold to him by a former friend at a low price. Finally, the two decided to use this house as a wedding room for marriage.

In September 2004, Mr. Sun and his wife got married as scheduled. After marriage, the relationship between them is still good, but both of them are only children, and they are also very upset about daily chores. Although two people work in the same unit, it does not bring convenience to them. On the contrary, because the work unit is too far from home, the time spent on the road every morning and evening is three or four hours. ? Especially in winter, I don't even bother to cook when I get home. ? Mr. Sun said.

Later, because the company raised wages and Mr. Sun was promoted, their minds began to move. It is inconvenient to buy a house near the unit, which can save a lot of rest time.

Sell a house and then buy a house.

Not long ago, Mr. Sun sold his old house and bought a new one near his work unit. Mr. Sun said that all the money for buying a new house came from selling his original pre-marital property.

Although my name is written on the property certificate of the new house. However, Mr. Sun has been thinking for the past two days that if he buys a house with pre-marital property after marriage, is this new house still his pre-marital property? In his view, this is just changing the location of the house with his own money, and this new house should be regarded as his pre-marital property.

Experts say

Guest of this issue: Sun Baohua (lawyer of Liaoning Huajian Law Firm)

The problem encountered by Mr. Sun is quite special, because his home is too far from his work unit, which has caused inconvenience to his life. He chose to buy a house near his work unit, but the purchase money was pre-marital property. So is this property still pre-marital property? Nowadays, facing more and more marital property problems, how to avoid future disputes?

Question 1: Does Mr. Sun's new house belong to pre-marital property?

Sun Baohua: Strictly speaking, this is not pre-marital property.

? According to the marriage law, strictly speaking, Mr. Sun's new house should not belong to pre-marital property. ? Lawyer Sun told reporters.

Talking about the reasons, Mr. Sun explained that the most important thing is that it is impossible to prove that the money for buying a new house is the money for selling the original house. This is hard to prove. Even if the name of Mr. Sun is written on the real estate license now, the house will still be legally recognized as the property of husband and wife in the event of disputes between the two parties in the future.

Although it is difficult to prove, Mr. Sun said that if Mr. Sun wants to safeguard his rights and interests, it is best to negotiate with his wife and write an agreement stipulating that this house belongs to Mr. Sun's personal property under the true meaning of both parties. ? The safest way is to go to the notary office for notarization after signing the agreement. ? Lawyer Sun said.

Question 2: After the notarization of the premarital house, does the new house belong to the premarital property?

Sun Baohua: This has nothing to do with notarization.

If Mr. Sun notarized his personal property before marriage, does the new house purchased with this property after marriage belong to personal property?

In this regard, lawyer Sun said that the new house is still not personal property. ? Premarital notarization is only for the house that Mr. Sun bought at his own expense. It can only prove that the owner of that house is Mr. Sun. It is not binding on the new house bought later. ?

Question 3: What problems should we pay attention to when dealing with pre-marital real estate?

Sun Baohua: The capital contribution relationship should be clearly written.

If both men and women invest in buying a house, it is best to write their names on the purchase contract. If you can only write one person's name for some reason, you'd better make a legally binding written explanation to make clear the capital contribution relationship of the house. At the same time, under the premise of not hurting the feelings of both parties, it is best to notarize or sign an agreement under the witness of a lawyer, clearly stating the purchase price that both parties have paid and will pay, the share of the house that each person should enjoy and other related matters.