The house bought before the marriage The other room was renovated How to divide the property after d

If the purchase of the house is purchased by one party, it can be regarded as personal pre-marital property, and if the other party contributes or contributes part of the renovation once, relevant evidence can be presented in court, or it is better for the other party to agree orally in court, then the court may compensate the contributor according to the circumstances when dividing the joint property of the husband and wife.

The divorce of the man's purchase and renovation of the house before marriage is generally not divided, because the pre-marital property belongs to one party in accordance with the law; If the husband and wife have signed a written property agreement to agree that the property before the marriage will be jointly owned by the husband and wife after the marriage, or if the property rights of the house are changed to the husband and wife after the marriage, it shall be divided equally according to the joint property of the husband and wife.

[Legal basis].Article 1063 of the Civil Code of the People's Republic of China.

The following property is the personal property of one of the spouses:

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

2) Compensation or compensation received by one party for personal injury;

3) The property that Zheng Hao determines in the will or gift contract to belong to only one party;

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

5) Other property that shall belong to one side.

Article 1087.

In the event of a 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.

How to divide the property before marriage.

Regarding the question of how to divide the property between the husband and wife before marriage and after the divorce, it depends on whether the house is purchased in full before marriage; Or one party pays a down payment before marriage and repays the loan jointly after marriage; Or after marriage, both parties jointly pay for the purchase.

1. Purchase in full before marriage.

If the house is purchased in full by one of the parties before the marriage, the title registration has been completed before the marriage and is in their own name. Then there is no dispute about the ownership of the property, it should belong to the party who purchased it before the marriage, if there is other agreement at the time of marriage, then the house is determined according to the relevant written agreement.

2. One party makes a down payment before marriage, and the husband and wife repay the loan together.

If the house is a down payment made by one party before the marriage and the husband and wife repay the loan after the marriage, then the house is divided according to the investment of both parties. If the two parties divorce due to other special reasons, then divide the property according to the actual situation.

3. After marriage, pay Kairu to buy.

If the husband and wife jointly contribute to the purchase of the house after marriage, it is the joint property of the husband and wife, so both parties should have their own share in the divorce. According to the relevant provisions of the Chinese Marriage Law on the division of property, and then the specific division of property.

How to divide the divorce by building a house after marriage.

The division of real estate has always been a key issue that needs to be solved in divorce, so let's talk about how to divide the divorce of self-built houses after marriage?

1. Parents build a house on the homestead for their children to marry and live in.

In the case of a house built by the parents before the marriage of the child, the spouse of the child is entitled to a share of the property unless the parents expressly indicate that the house is owned jointly by the child or acknowledge the existence of a share of the property of the couple with the child.

Nor can it be divided as joint property if the husband and wife live together with other family members after marriage and there is no division of the family property, and the property of the family community that existed before the marriage or the property belonging to one of the parents is not expressly given to the spouses.

2. Houses built jointly by the families of both men and women.

For a house jointly financed by the family of a man and a woman before marriage, if the application for building a house is made in the name of one of the parents, it is generally regarded as the family property of that party, and the party who obtained the house at the time of divorce shall return the money funded by the other party.

However, if the approved land was obtained in the name of one of the children at the time of construction, since the purpose of the construction of the house funded by the families of both parties is to use the children for marriage, if it is proved that the house is indeed used by the husband and wife after marriage, the property can be regarded as the joint property of the husband and wife.

The house bought before marriage is personal property, and it is still personal property after marriage, and the woman has no right to divide it at the time of divorce, so she can give the woman appropriate compensation for decoration, and if the man receives compensation due to the household registration, the woman can ask for it.

According to Article 18 of the Marriage Law of the People's Republic of China, 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.

Legal analysis: Buying a house together before marriage, and the division after divorce is:

1. If one of the husband and wife buys a house with personal property before marriage, and takes out a mortgage loan, and the property certificate is registered in his or her own name, the house is still his personal property.

Give birth; 2. If the property certificate is registered in the name of one of the parties, but the spouse has evidence to prove that he or she also contributed jointly when the house was purchased before marriage, the house is still the personal property of the property certificate registrant when the property is divided in the divorce, and the remainder has not been returned.

repayment of debts for their personal debts;

3. If the spouse has evidence to prove that the capital contribution was made before marriage on the premise that both parties recognized the purchased house as jointly owned, although the real estate is registered in the name of one party, it should still be recognized as the joint property of the husband and wife.

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

Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

Pre-marital property is personal property and does not participate in the division of property in the event of divorce. However, if you only paid a down payment before the marriage and the husband and wife repay the loan together after the marriage, then the house is still on the buyer's side at the time of divorce, but you need to compensate half of the total repayment amount during the existence of the couple.

As long as the expenses or income incurred during the marriage of the couple can be claimed to be divided, of course, you must be able to prove this.

The renovation cost can be divided as the joint property of the husband and wife, but there must be evidence such as a bill that can prove the amount of the renovation cost, and the date of the evidence is after the registration in March.

OK. After the legal marriage, that is, the marriage certificate, you are a legal husband and wife, and all your property will become joint property after resignation, whether it is funds, goods, or debts. Therefore, the cost of renovating their home should be the joint property of the husband and wife.

You can ask the other party to compensate you for the part of the renovation after marriage.