How To Deal With Marriage Before Marriage?
[clause]
"
Draft
"Stipulates that after the marriage is purchased by a parent's real estate, the property right is the personal property of the husband and wife under the name of the investor's child, and the husband and wife must purchase the real estate before marriage, pay the first payment with personal property, and pay the loan in the bank, and the property right is paid by the first party. After divorce, the real estate is personal property and bears the property right debt.
[interpretation]
Ma Yinan, a professor at Peking University law school, thinks that the draft will be numerous.
Legal blind spot
In particular, it puts forward specific methods for handling the debts of one spouse in the name of individuals, the recognition of the nature of the purchase of one party, and the determination of the parents' contribution to the purchase of houses.
Experts say it is not denying that the current marriage requires women to see the hardware of their houses, cars, tickets and so on.
The introduction of the new law is attacking the distorted view of marriage and love such as "big money" and "houses are more reliable than men".
Although Ma Yinan agreed with the implementation of the new law, he expressed concern about the social consequences of the new law: "how many young people feel that the new law is so complicated that they become naked.
Property relationship
This will bring huge cognitive impact, break their original romantic expectations, and even regard marriage as a social security.
Ma Yinan also said that in the draft opinion, the nature of the loan purchase of one party was identified as "who buys it to whom" is too simple. It does not take into account the age of marriage and the length of joint repayment, and the proportion of the first payment in the total housing.
"As long as we participate in the repayment of loans, we have lost our ability to buy houses. The law should link the factors such as the age of marriage with the total amount of property."
[suggestion]
Zhang Xian, a lawyer in Beijing, suggests that before buying a house to buy a signature, it is best to write two names for a joint home purchase. The best person to write is a person's name. The parents' sponsorship is best to keep evidence such as IOUs, remittance slip and so on. The premarital property is best notarized in advance so as not to dispute in the future.
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