Marriage becomes a "wash house" tool?How to see the trick

■ Gui Fangfang Gu Xiaorong

Recently, some netizens shared the bizarre story experienced by Aunt Jiang in Shanghai.

Aunt Jiang bought a two -bedroom wedding room for her son very early. It didn't take long for her daughter -in -law to propose the need for replacement of the wedding room after marriage, and asked to add her own name, otherwise she would not have children. In order to live well in the future, Aunt Jiang agreed to the daughter -in -law's request, sold the original wedding room, bought a new three -bedroom house, and added the name of the daughter -in -law. A few years later, the daughter -in -law asked to divorce, and the property was divided into half.

To this end, a new word produced on the Internet- "Washing House" refers to the behavior of marrying the opposite sex with the heterosexual property before marriage. After the marriage, the real estate is shared, and then the property is obtained through divorce.

In the "wash house" incident, the following three legal issues are involved.

Question 1: Is it possible to sell new real estate after marriage? Is it the common property of the husband and wife after marriage?

uncertain. According to Article 1063 of the Civil Code: The following property is the personal property of the husband and wife: (1) the pre -marital property of one party; : Article 1063 of the Civil Code stipulates that the personal property of the husband and wife is not transformed into the common property of the husband and wife due to the continuation of the marriage relationship. But the parties have other agrees.

If the one -party payment obtained by the personal pre -marital property after marriage, the purchase of new real estate, the equivalent value of the house and the purchase of the house is not mixed with the common property of other married couples. In other special agreed cases, new properties purchased after marriage can be regarded as the transformation of personal real estate before marriage, and they are still a personal property, not the common property of the husband and wife.

If you want to ensure that the pre -marital property is still a personal property after replacement, it is recommended to sell the special card for sale, and the housing prices of the houses before and after, and the new real estate is only registered under its own name.

Question 2: One party adds the name of the other party on the new property. The property rights registration is common. Does the other party have half a share of the house?

uncertain. According to Article 1062 of the Civil Code, the property obtained during the existence of the marriage relationship is the common property of the husband and wife, and the husband and wife are owned by the husband and wife.

Common co -sharing can only explain that the two have common ownership of the property. Although the division of common property, in principle, in principle, in practice, the court will comprehensively based on the source of the property, the length of the marriage duration, the cause of divorce faults and other factors. After consideration, divide. Therefore, even if the name of the other party is added to the property, it does not mean that the other party can share half of the share.

It is recommended that if you really add the name of the other half, you can clarify the specific share of the other half to the house when registering.

Question 3: How to avoid the occurrence of "washing" incidents in marriage?

Although the "washing house" is a new word, it is not uncommon to divide the divest property by the marriage. To avoid the occurrence of "washing houses", you can protect your rights by signing the pre -marital property agreement, the property agreement during the marriage, or the shares of the two parties in accordance with the shares of the two parties.

We cannot always be savvy when facing our lover, but we cannot fell into the trap of love blindly. Borrowing legal tools to contribute to sincere love, in order to cover the wind and rain in marriage.

(The author is a lawyer of Shanghai Family and Family Law Firm)

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