How to buy a house before divorce, how to divide it after marriage? 5

In this case, the property belongs to the personal property before the marriage, but the part of the joint repayment of the property should be regarded as a loan from the bank and a personal debt of the buyer. Regardless of whether the loan is repaid individually or jointly after marriage, it is the expenditure of the common rights and interests of the husband and wife, and if the part of the loan repayment includes half of the rights and interests of the other party, one party must return it to the other party at the time of divorce. If it can be proved that the loan repayment funds are in the pre-marital property or otherwise agreed by the parties.

With regard to the increase in the value of the property, if the increase in the value of the property is a purely natural cause and has nothing to do with the joint repayment of the loan or the joint services of the two persons, the joint repayment party is not entitled to claim a share of the income from the increase in value.

Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (III).

Article 10 Where one of the husband and wife signs a contract for the sale and purchase of immovable property before marriage, pays the down payment with personal property and takes out a bank loan, and repays the loan with the joint property of the husband and wife after marriage, and the immovable property is registered in the name of the party paying the down payment, the immovable property shall be disposed of by agreement between the two parties at the time of divorce.

If no agreement can be reached in accordance with the provisions of the preceding paragraph, the people's court may make a judgment that the immovable property belongs to the party whose property rights are registered, and that the loans that have not yet been repaid are the personal debts of the party whose property rights are registered. In the case of divorce, the party registered in the property right shall compensate the other party for the joint repayment of the loan and the corresponding increase in property value between the parties after marriage.

Marriage Law of the People's Republic of China:

Article 39: At the time of divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman.

The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

The property should be divided according to the proportion paid by both parties. Through the platform of following and visiting the legal consultation post bar and the lawyer bar,** you can ask the judgment of historical industry people on this situation!

Legal Analysis: The two types of legal relationships are the legal relationship of house ownership and the legal relationship of mortgage creditor's rights. If one party buys a house with personal property, takes out a mortgage loan before marriage, and the real estate certificate is registered in his or her name, the house is personal property and the mortgage loan is a personal debt.

However, if the part of the loan repayment after marriage belongs to the spouse's contribution, it shall be returned. Although the title deed is registered in the name of one party, the spouse has evidence to prove that the property was also invested when the house was purchased before the marriage. First of all, the property rights of the house belong to the personal property of the property rights registrant, and the remaining debts that have not been returned belong to his personal debts.

However, if the down payment and the part of the loan that has been paid off belong to the spouse's contribution and repayment part, it shall be returned.

Legal basis: 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 Wang Nianying fails to reach a consensus, the people's court shall 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 Gao Dan. The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

There are two types of legal relationships, namely the legal relationship of home ownership and the legal relationship of mortgage debt.

The three types are:

1. If one party purchases a house with personal property and takes out a mortgage loan before marriage, and the property certificate is registered in his or her name, the house is personal property, and the mortgage loan is a personal debt. However, if the part of the loan repaid after marriage belongs to the spouse to pay off, it shall be returned.

2. Although the property certificate is registered in the name of one party, the spouse has evidence to prove that he or she also contributed capital when purchasing the house before marriage. First of all, the property right of the house belongs to the personal property of the property rights registrant, and the remaining debts that have not been repaid belong to his personal debts, but the part of the down payment and the loan that has been repaid shall be returned to the spouse for capital contribution and liquidation.

3. Although the property certificate is registered in the name of one party, the spouse has evidence to prove that the purchase of the house before the marriage was based on the premise that both parties agreed that the house purchased was jointly owned. It is still recognized as the joint property of the husband and wife, and the debts of the mortgage are the joint debts of the husband and wife. However, when dividing, it should be considered that the proportion of the parties' capital contributions, the fact that they did not live together or the period of existence was short.

The property can be divided with reference to the proportion of capital contribution, and it is not confined to equal division.

A and B know each other and feel good about each other. In order to show their true love, they bought a house worth 830,000 yuan together. 4 years later, the marriage will be registered.

But after really living together, they felt that each other's personalities were not in harmony, so they proposed to break up. There is no objection to the dissolution of the marriage, but the division of the house cannot be unanimously defeated.

Interpretation of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family (1) Article 78 If one of the husband and wife signs a contract for the sale and purchase of the real estate before marriage, pays the down payment with personal property and takes out a loan from the bank, and repays the loan with the joint property of the husband and wife after marriage, and the real estate is registered in the name of the party paying the down payment, the real estate shall be disposed of by agreement between the two parties at the time of divorce.

If no agreement can be reached in accordance with the provisions of the preceding paragraph, the people's court may make a judgment that the immovable property shall belong to the party registered, and the loan that has not yet been repaid shall be the personal debt of the party registered with the immovable property. In the event of divorce, the party registered in the immovable property shall compensate the other party for the joint repayment of the loan after marriage and the part of the property appreciation that should be added to Zheng Pao in relation to the property of Zheng Pao in accordance with the principles stipulated in the first paragraph of Article 1087 of the Civil Code.

The division of buying a house before marriage and the division after divorce and the way to confirm the ownership of real estate before marriage are: under normal circumstances, if one party buys the full amount before the marriage registration, the registration is also in the name of one person, and the house belongs to an individual and does not need to be distributed; If the house is bought with a loan before marriage and both parties repay the loan together after marriage, the names of the two people registered belong to the husband and wife and are equally divided. The registration of a person's name can be negotiated by both parties.

[Legal basis].

Article 78 of the Interpretation of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family (1) provides that if one of the husband and wife signs a contract for the sale and purchase of immovable property before marriage, pays the down payment with personal property and takes out a loan from the bank, and repays the loan with the joint property of the husband and wife after marriage, and the immovable property is registered in the name of the party paying the down payment, the immovable property shall be disposed of by agreement between the two parties at the time of divorce. If no agreement can be reached in accordance with the provisions of the preceding paragraph, the people's court may make a judgment that the immovable property belongs to the registered party, and the loan that has not yet been repaid shall be the personal debt of the registered party of the movable property. In the event of divorce, the party registered in the immovable property shall compensate the other party for the payment of the loan and the corresponding increase in the value of the property in accordance with the principles stipulated in the first paragraph of Article 1087 of the Civil Code.

If one party pays a down payment to buy a house before marriage, and repays the loan with his or her own personal property after marriage, then the other party has no right to divide, and if it is a joint repayment after marriage, and joint repayment of part of the joint property of the husband and wife, then negotiate the division together.

[Legal basis].

Article 1062 of the Civil Code 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) 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.

Article 1063:The following property is the personal property of one of the husband and wife: (1) the premarital property of one party; (2) Compensation or compensation received by one party for personal injury; (3) Property that is determined to belong to only one party in a will or gift contract; (4) Daily necessities for the exclusive use of one side; (5) Other property that should belong to one side is wider.