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Ask: My kin is used at buying a period room to make marriage room for the son in October 2006, payment is lump-sum payment at that time, signed contract of commodity house business that day. Her son got a marriage certificate in March 2007. The capture when controlling a house in January 2008 was over the relevant charge such as agree duty, development company announcement exchanged sale bill to handle house property card April, bill date is April 2008. I think now excuse me room lawyer:

Is 1. husband and wife collective of belongings is limitting date allow in order to make money date to allow or be in order to deal with date of house property card?

2. listens the person that develops a company says, if house property decides the alone belongings that is one party, but is marriage hind to turn automatically after 5 years completely for husband and wife common property?

If 3. already became husband and wife the word of common property, what method to have to protect the interest of the old person? After all they put money of most all one's life to buy a house for the sonDecorateBeautiful light. Thank the guidance of room lawyer.

Room lawyer replies: According to our country " marriage law " the seventeenth, husband and wife puts add in marital relation during the following belongings of earning, gui Fu wife is collective and all: (one) salary, bonus; (2) production, management profit; (3) the accrual of intellectual property; (4) the belongings of successive or donative earning, but Benfadi 18 except of the 3rd regulation; (a Gui Fu decides in will or donative contract or wife the belongings of one party) (5) other ought to return collective all belongings.

The 18th has one of following state, for the belongings of one party of husband and wife: (one) the belongings before the marriage of one party, the basis is highest at the same time people court about applicable " marriage law of People's Republic of China " the explanation of a certain number of problems; (2) before the 22nd party marriage, parents purchases a building for both sides contributive, this are contributive ought to maintain the individual that is pair of her children donative, but the except that parents shows donative both sides clearly. After party marriage, parents purchases a building for both sides contributive, this are contributive ought to maintain those who be both sides of pair of husband and wife is donative, but the except that parents shows donative one party clearly.

According to the condition that you reflect, belong to your kin to marry in her son (marry register) before contributive buy a house, if your kin did not express clearly to give as bilateral as its son and daughter-in-law word, this are contributive ought to maintain it is pair of your him kin filial individual is donative, accordingly this building fastens the belongings before the marriage of your kin son.

The husband and wife that mentions as to you is collective of belongings limitting date is allow in order to make money date to allow or be in order to deal with date of house property card, marriage law and relevant judicatory explanation all do not have specific provision. The building serves as praedial, according to our country " matter right law " the 9th regulation: Praedial content counterpoises establish, change, make over and eliminate, via be being registered lawfully, produce effectiveness; Without registering, do not produce effectiveness, but the except that law has a regulation additionally. That is to say the building already should be registered as praedial matter right to allow, register be in whose under one's name is who. But be in whether is holding this house to belong to husband and wife when common property, still ought to decide according to our country marriage law and relevant judicatory explanation.
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From;  Author:Stand originally