How to divide the house in the name of one person before marriage

It is necessary to first find out the ownership of the property: the property is pre-marital property The property is the marital property.

1. If it is before marriage: the name of one of the husband and wife appears on the real estate certificate and the purchase contract, and the real estate registration and purchase invoice are all owned by one party when purchasing the house, which is considered personal real estate. You can buy and sell on your own.

2. If it is after marriage: it belongs to the joint property of the husband and wife, and if there is no clear distribution ratio in the purchase contract, it will be distributed equally. In order for the property to take effect, both parties must be present to sign or one party has a fair power of attorney that has been accepted by the other party.

Marriage Law of the People's Republic of China.

Article 17 The following property acquired by husband and wife during the existence of their marital relationship shall be jointly owned by husband and wife:

1) Wages and bonuses;

2) the income from production and operation;

3) income from intellectual property rights;

4) Property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law;

5) Other property that shall be jointly owned.

Husbands and wives have equal rights to dispose of jointly owned property.

Article 18: In any of the following circumstances, it is the property of one of the husband and wife:

1) the pre-marital property of one of the parties;

2) Medical expenses, living allowances for the disabled, and other expenses received by one party as a result of bodily injury;

3) Property that is determined in the will or gift contract to belong to only one of the husband or wife;

4) Daily necessities for the exclusive use of one side;

5) Other property that shall belong to one side.

Pre-marital property is not divided after divorce. If it is registered in the name of one party, it is difficult to prove that the other party has title to the house.

The law is divided into holes and blue belt analysis:

If the property certificate is registered in the name of one party, but the spouse has evidence to prove that they also jointly contributed capital when the property was purchased before marriage, the house is still the personal property of the person who registered the property certificate when the property is divided in the divorce, and the remaining unpaid debts are its personal debts. However, the portion of the down payment and the loan that has been repaid that belongs to the contribution and repayment of the spouse shall be returned.

Legal basis: Civil Code of the People's Republic of China

Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party. The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

Article 1000000000000000000000000000000000000000000000000000000000000 Where the joint property is insufficient to be paid off or the property is owned by each other, the two parties shall settle it by agreement; If the agreement is not reached, the people's court shall make a judgment.

1. Before marriage, both parties jointly contributed to buy a house in full, but only registered in the name of one party, if there is evidence to prove the contribution, then both parties share the house according to their shares; If it cannot be proved, and one party denies that the other party made a capital contribution when purchasing the house, it can only be recognized as the personal property of one party; 2. Before marriage, one party makes a down payment and repays the loan jointly after marriage, and the house is only registered in the party who made the down payment, and the house is handled by agreement between the two parties at the time of divorce. If no agreement can be reached, the court may rule that the house belongs to the registered house, and the payment for joint repayment of the loan and the corresponding part of the property appreciation shall be divided equally between the parties; 3. Before marriage or during the existence of the marital relationship, if it is agreed that one party's personal real estate will be donated to the other party or changed to the joint ownership of husband and wife, but it has not been notarized and the real estate has not been changed and the name of the real estate has not been changed, the donor can revoke the gift (the verbal promise is not credible!). ）。

1. Before marriage, both parties jointly contributed to buy a house in full, but only registered in the name of one party, if there is evidence to prove the contribution, then both parties share the house according to their shares; If it cannot be proved, and one party denies that the other party made a capital contribution when purchasing the house, it can only be recognized as the personal property of one party; 2. Before marriage, one party makes a down payment and repays the loan jointly after marriage, and the house is only registered in the party who made the down payment, and the house is handled by agreement between the two parties at the time of divorce. If no agreement can be reached, the court may rule that the house belongs to the registered house, and the payment for joint repayment of the loan and the corresponding part of the property appreciation shall be divided equally between the parties; 3. Before marriage or during the existence of the marital relationship, if it is agreed that one party's personal real estate will be donated to the other party or changed to the joint ownership of husband and wife, but it has not been notarized and the real estate has not been changed and the name of the real estate has not been changed, the donor can revoke the gift (the verbal promise is not credible!). ）。