How to calculate the amount paid by the joint mortgage after the marriage and the corresponding incr

If you make a payment, you can find it out in the bank.

The amount of joint repayment of the loan by the husband and wife after marriage = (principal and interest) multiplied by the current market value of the property (the purchase price of the house, the interest paid on the joint repayment of the loan, the taxes and fees paid at the time of purchase, etc.), the calculation method of the joint repayment of the loan during the marriage and the corresponding appreciation part is: the amount involving the joint repayment of the loan by the husband and wife and the corresponding value-added part is equal to the joint repayment part of the husband and wife multiplied by the appreciation rate of the real estate.

The first step is to calculate the real estate appreciation rate, the real estate appreciation rate = the real estate present ** divided by the real estate cost, and the real estate cost here is equal to the real estate ** common interest repaid other expenses at the time of purchase. When calculating the rate of appreciation of real estate, the interest cost must be taken into account, and the rate of appreciation cannot be directly obtained by simply dividing the current rate of real estate by the time of marriage. "Other expenses" refer to the costs involved in the transaction, which are necessary expenses for the purchase of the property, such as deed tax, stamp duty, business tax, appraisal fee, intermediary fee, etc., but do not include public maintenance** and strata fees, because the basis of the expenses is not the transaction, but the expenses incurred in the long-term use of the real estate;

The second step is to calculate the compensation received by the non-registered party, i.e., the co-repayment part multiplied by the rate of appreciation of the immovable property, half of which is the amount to be compensated.

1. What should be paid attention to in the calculation of the specific compensation amount for house division?

When calculating the specific amount of compensation, attention should be paid to determining the calculation time, where the value-added refers to the post-marital value-added, excluding the pre-marital value-added, which belongs to the personal property of one party. There are also two scenarios that should be considered:

First, if the loan has not been repaid at the time of divorce, the interest that has been repaid jointly by the husband and wife can only be included in the cost of immovable property, but not the interest that has not been repaid for up to 20 or 30 years can be included in the cost, otherwise there will be an unfair result that the non-property right registration party will not enjoy the subsequent appreciation benefits, but will have to bear the unfair result of reducing the compensation amount due to the inclusion of all interest;

Second, if one party gets married after a period of time after purchasing immovable property, when calculating the appreciation rate of immovable property, the immovable property at the time of marriage should be used as the basis for calculation, and the immovable property at the time of purchase cannot be used as the basis, because the value-added income of the immovable property during the period between the purchase of the immovable property and the marriage belongs to the personal property of one party before marriage.

The property acquired before the marriage belongs to the individual, and the property acquired during the marriage generally belongs to the joint property of the husband and wife. However, for a house purchased by one party through a mortgage before marriage and obtained the property ownership certificate after the marriage, it is not possible to mechanically determine whether it is the joint property of the husband and wife based on the time when the property ownership certificate is obtained.

Because the money for buying a house is the personal property of one party before marriage, and the developer has paid all the purchase price, and all the claims confirmed by the purchase contract to the buyer have been obtained before the marriage, obtaining the real estate certificate after marriage is only a natural transformation of property rights. Therefore, as long as the sale of the house occurred before the marriage, and the sales contract has been actually performed, and the house is registered in the personal name of the buyer, it should be treated as personal property before the marriage.

SPC: How to calculate the value-added part of the joint repayment of the real estate after marriage.

Generally, the relevant court agencies will make a detailed inquiry about the capital contribution, and if both parties repay the loan with some property obtained after marriage, the value-added part should be divided equally according to the relevant laws and regulations of our country. For the calculation of the part of the house asset appreciation, the division principle can usually be considered according to the funds for the purchase of the house** and its proportion of the total house price. The down payment paid by one party when buying a house before marriage and the part of the loan repaid by him or her for personal rent repayment are not investment income and should not be divided as joint property of the husband and wife.

The appreciation rate of the real estate is first calculated by the appreciation rate of the real estate of the real estate of the real estate of the real estate ** divided by the cost of the real estate, and the real estate cost here is equal to the real estate at the time of purchase** joint interest and other expenses. The co-repayment portion is then multiplied by the rate of appreciation of the immovable property, and half of this amount is the amount to be compensated to the other party. The part of the husband and wife who repay the loan together and increase in value after marriage belongs to the joint property of the husband and wife.

Legal basis

Article 1062 of the Civil Code stipulates that the following property acquired by the husband and wife during the existence of the marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife: (1) wages, bonuses and remuneration for labor services; (2) Income from production, operation and investment; (3) the proceeds of intellectual property rights; (4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law; (5) Other property that shall be owned by Gongkuhu Kaitong. Husband and wife have equal rights to dispose of joint property.

If one party buys a house with a down payment before marriage and repays the loan jointly after marriage, it generally does not belong to the joint property of the husband and wife, but the part of the joint loan repayment and the part of the increase in value after marriage belong to the joint property of the husband and wife, and the party who obtains the property right of the house shall compensate the other party; If you apply for a mortgage loan to buy a house after marriage, it is the joint property of the husband and wife.

Article 1062 of the Civil Code of the People's Republic of China The following property acquired by husband and wife during the existence of their marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife: (1) Labor and grinding materials, bonuses, and remuneration for labor services; (2) Income from production, operation and investment; (3) the proceeds of intellectual property rights; (4) Inherited or donated property, except as provided for in item 3 of Article 163 of this Law; (5) Other property that shall be jointly owned. Husband and wife have equal rights to dispose of joint property.