How will the property before the marriage be divided in the divorce with the name of the spouse?

As we all know, many people now need to fill in the name on the real estate certificate when buying a house, if you buy a house after marriage, then you have to add the name of your spouse, but some people will be particularly curious, if the two people are not suitable for the personality, and then divorce, then how is the house divided? The issue of property division after marriage is a concern for many people, especially contemporary people, especially some emotional foundations, which are not so deep! <>

Marital property will definitely need to be divided after divorce！If the house is bought with a joint loan after you get married, then this belongs to the joint property of the husband and wife, even if you divorce later, it should be divided according to the corresponding principles, if the two parties divorce peacefully, then it is basically five or five points, but if one party makes a mistake, then the proportion is relatively lower, if there are children, the party raising the children will get a relatively higher proportion, which needs to be divided according to the actual situation! <>

The division of the house involves a lot of problems, and you must go through the legal process! If two people are divorced, very calm, and will not have any problems with any funds, and even one party is willing to leave the house, then I hope you can still be cautious to sign an agreement, which can solve a lot, and some hidden dangers that may be brought in the future, whether it is the man or the woman, but if the house is divided and both parties are not willing to be humble, then you must go through the legal process! <>

If one of the parties bought the house before marriage, then it is personal property! If your account or your wife is very rich, and she owns a house of her own before marriage, then even after the two of you get married, this house does not belong to the joint property of the husband and wife, but belongs to personal property, so when you divorce, you know that the house cannot be divided as joint property, otherwise this is an unreasonable phenomenon!

Since the name of the spouse is added to the real estate certificate, then the house will be half of the house at the time of divorce, after all, the name was added before your marriage, which means that both parties agreed and voluntarily.

At the time of divorce, it should be divided equally, because it belongs to the joint property of the husband and wife.

If the house purchased before marriage is purchased in full, it is his personal property, and if the name of the spouse is added after the marriage and there is no other agreement, it is regarded as a gift to the spouse, and the right to request division at the time of divorce will be made, and the court will also divide it according to the comprehensive consideration of the capital contribution. If one party pays the down payment before the marriage and there is a joint repayment of the loan after the marriage, after adding the name of the spouse, it is a joint property, and the division is required at the time of divorce, and the court needs to divide it after analyzing the facts of the case comprehensively, whether there are statutory circumstances requiring one party to divide it less. Of course, if the two parties can agree to divide the division, the division shall be carried out according to the result of the agreement between the two parties.

When the two parties agree, as long as both parties are willing, the ** of the house, or the proportion of the division, and the discount paid can be voluntary by both parties.

[Legal basis].

Article 1062 of the Civil Code [Joint Property of Husband and Wife] The following property acquired by husband and wife during the existence of the marital relationship is the joint property of the husband and wife and is jointly owned by the husband and wife:

1) Wages, bonuses, and remuneration for labor services;

2) Income from production, operation and investment;

3) income from 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 jointly owned.

Husband and wife have equal rights to dispose of joint property.

Article 1087: [Disposition of the Joint Property of the Husband and Wife in the Context of Divorce]At the time 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 1091: [Compensation for Divorce Damages]In any of the following circumstances, where a divorce is caused, the party who is not at fault has the right to claim damages:

a) bigamy; 2) cohabitation with another person;

3) Committing domestic violence;

4) Abuse or abandonment of family members;

5) There are other major faults.

Article 1092: [Legal Consequences of One Party Infringing on the Joint Property of the Husband and Wife] Where one of the spouses conceals, transfers, sells, destroys, or squanders the joint property of the husband and wife, or falsifies the joint debts of the husband and wife in an attempt to encroach on the property of the other party, when dividing the joint property of the husband and wife in divorce, the other party may receive a small share or no share. After the divorce, if the other party discovers that he or she has committed any of the above-mentioned acts, he or she may file a lawsuit with the people's court to request that the joint property of the husband and wife be divided again.

According to the current law, the division of divorce property, how to divide the value-added part of the property or blank can only be decided by the judge according to the actual situation. Previously, one party was usually only able to receive half of the mortgage payment during the marriage, and was not entitled to a share in the value of the property. Even if one party purchased the property before the marriage, if the bank loan is repaid with the joint property of the husband and wife after the marriage, the other party has the right to claim the appreciation of the part of the property.

The disposition of the proceeds of pre-marital property after marriage as personal property is an indifference to the possible division of labour between the spouses and their respective contributions to the family. Although the property in dispute was purchased by the husband before the marriage, the mortgage money after the marriage belonged to the joint property of the husband and wife, and this part of the funds was occupied by the party who purchased the property, which directly led to certain restrictions and impacts on the investment opportunities, investment scale and quality of life of the other party during the marriage. Therefore, if this part of the added value of the house is also included in the personal property and is enjoyed by the purchaser, it is obviously unfair to the other party.

Therefore, even if the property of one party before the marriage is still owned by the individual, but the appreciation of the property after the marriage is the result of the contribution of the other spouse, the spouse is entitled to such benefits and is entitled to compensation. The distribution of pre-marital property appreciation after marriage is as follows: compensation amount = amount of repayment of bank mortgage with joint property of husband and wife 50% of the property appreciation rate.

The name is added to the real estate certificate, and the law stipulates that this kind of behavior is regarded as a gift, that is to say, it was originally personal property before marriage, but after the gift, it became the property of the husband and wife, so at the time of divorce, if both parties are not at fault, the property is half of one person.

The real estate before the marriage is regarded as a gift to the other half after the marriage with the name of the spouse, and if there is no clear share agreement, it is recognized as the joint property of the husband and wife at the time of divorce. 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. If one party has difficulties in living, the other party who can afford it should provide appropriate assistance.

[Legal basis].Article 31 of the Interpretation (1) of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family stipulates that the personal property of one of the spouses shall not be converted into the joint property of the husband and wife due to the continuation of the marital relationship. Unless otherwise agreed by the parties.

Article 32: Where before marriage or during the existence of a marital relationship, the parties agree to donate or co-own real estate owned by one party to the other party, and the donor party revokes the gift before the change of registration of the donated real estate, and the other party requests an order to continue performance, the people's court may handle it in accordance with the provisions of article 658 of the Civil Code.

Article 1062 of the Civil Code 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) Wages, bonuses, and remuneration for labor services;

2) Income from production, operation and investment;

3) income from 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 jointly owned.

Husband and wife have equal rights to dispose of joint property.

Article 1063 The following property shall be the personal property of one of the husband and wife:

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

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

3) Property that is determined in a 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.

If the name of the spouse is added to the property before the marriage, the property will become the joint property of the husband and wife, and the property will be divided by the parties through negotiation between the two parties at the time of divorce. In this case, the court will generally not make a judgment on the equal division of the husband and wife, but will decide how to divide the property after comprehensive consideration of factors such as the degree of contribution of both parties. Article 1087 of the Civil Code of the People's Republic of China 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 the husband or wife in the family land contract and land management shall be protected in accordance with law.

The house before the marriage is added to the name of the spouse, which is regarded as a gift from one party to the other, so the house belongs to the joint property of the husband and wife, and the spouse can divide the house in the event of divorce. Specific methods of segmentation include:

(1) Where both parties claim ownership of the house and agree to bid for it, it shall be permitted;

(2) If one party claims the ownership of the house, the appraisal agency shall evaluate the house according to the market, and the party that obtains the ownership of the house shall give the other party corresponding compensation.

(3) If neither party claims the ownership of the house, the house shall be auctioned according to the application of the parties, and the house shall be sold and the price obtained shall be divided.

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 office.

The divorce agreement shall clearly state the parties' expression of intent to voluntarily leave the marriage and the opinions reached through consultation 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.

Article 1085:After a divorce, where children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.

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 husband or wife's rights and interests in the contracting and management of family land shall be protected in accordance with law.

After marriage, the name of the spouse is added to the joint property of the husband and wife, and it can be divided equally or by negotiation. This kind of act is a gift in law.

[Legal basis].

Article 6 of Judicial Interpretation 3 of the Marriage Law stipulates that if the parties agree to donate the real estate owned by one party to the other party before marriage or during the existence of the marital relationship, and the donor party revokes the gift before the change of registration of the donated real estate, and the other party requests an order to continue to perform, the people's court may handle it in accordance with the relevant provisions of the Civil Code.

Article 209 of the Civil Code [Effect of Registration of Immovable Property Rights] The establishment, alteration, transfer and extinction of immovable property rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law.

Data Extensions

According to Article 1062 of the Civil Code [Joint Property of Husband and Wife] The following property acquired by 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) income from 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 jointly owned.

Husband and wife have equal rights to dispose of joint property.