If one party buys a house before marriage and repays the loan jointly after marriage, how to divide

During the trial, both parties agreed that the relationship had indeed broken down and agreed to divorce; However, there was a disagreement on the ownership of the property, Zhang believed that the house should belong to him, because it was purchased before marriage and registered in his name, while Li believed that the house should be in accordance with the joint property of the husband and wife, on the grounds that Zhang only paid a down payment of 60,000 yuan, and after marriage, both parties jointly repaid 200,000 yuan, and most of the 200,000 yuan was paid by Li.

Regarding the focus of the dispute between Zhang and Li, this lawyer believes that:

First, the house was a down payment paid by Zhang before marriage and was registered in Zhang's name. The real estate certificate should be a valid certificate to confirm the ownership of the property, and the house should belong to Zhang.

Second. With regard to some of the loans repaid after marriage, although Li believed that most of them were repaid with his personal property, Li could not prove the agreement between him and Zhang on the joint property of the husband and wife, so the loan repaid after the marriage should be regarded as the post-marital income of the husband and wife, and it should be divided according to the joint property of the husband and wife.

3. When dividing the loan jointly repaid by the husband and wife referred to in Article 2 above, the issue of increasing the value of the house shall be taken into account, and the market of the house at the time of divorce shall be multiplied by the proportion of the loan jointly repaid in the house contract**, so that the amount obtained is the amount that the parties should divide.

Clause. 4. After the house is confirmed to be owned by Zhang, Li will be compensated by the amount divided in accordance with Article 3 above

One party pays a down payment before marriage, and the husband and wife repay the loan jointly after marriage, how to divide the property in the event of divorce.

Legal analysis: one party buys a house before marriage, and after marriage, the divorce house is divided by mutual agreement. If the agreement between the two parties fails, the people's court may rule that the immovable property shall be returned to the party registered by the party, and the loan that has not yet been repaid shall be the personal debt of the party registered with the immovable property.

and the registered party shall compensate the other party.

Legal basis: 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

Article 77: Where at the time of divorce, the parties have a dispute over a house that has not yet been taken ownership or full ownership and negotiation fails, it is not appropriate for the People's Law Elder Court to make a judgment on the ownership of the house, and shall make a judgment to be used by the parties based on the actual circumstances.

Article 78: 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 who paid 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 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 and the corresponding increase in the value of the property between the parties after marriage.

Legal analysis: If one of the husband and wife signs a real estate sales contract 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 who paid 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 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.

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 fails, the people's court shall, on the basis of the specific circumstances of the property, make a judgment 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 1089:In the event of divorce, the joint debts of the husband and wife shall be repaid jointly. 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.

Interpretation of the Supreme People's Court on the Application of the Marriage and Family Section (1).

Article 26: The income generated by the personal property of one of the husband and wife after marriage shall be recognized as the joint property of the husband and wife, except for the fruits and natural appreciation.

Article 27: Where a house rented by one party before marriage and purchased with joint property after marriage is registered in the name of one party, it shall be recognized as the joint property of the husband and wife.

Legal analysis: If one party purchases a property in the name of a person before marriage and repays the loan with the joint property of the husband and wife after marriage, at the time of divorce, the original owner shall be the property owner of the property, and the part of the joint repayment of the loan after marriage and the corresponding increase in value shall be divided equally, and the party who has not obtained the property right shall have the right to claim the corresponding value.

Legal basis: Civil Code of the People's Republic of China Article 1062 The following property acquired by husband and wife during the existence of their 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) 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.

If one party purchases a property in his or her own name before marriage and repays the loan with the joint property of the husband and wife after marriage, at the time of divorce, the original owner shall be the owner of the real estate, and the joint repayment of the loan after marriage and the corresponding increase in value shall be divided equally, and the party who has not obtained the property right shall have the right to claim the corresponding value.

Legal basis

Article 1087 of the Civil Code stipulates that in the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If the agreement fails, 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 child, the woman, and the innocent party. The rights and interests enjoyed by the husband or wife in the contracted operation of family land shall be protected in accordance with law.

Legal analysis: If one party purchases the property in the name of the individual before the marriage and repays the loan with the joint property of the husband and wife after the marriage, at the time of divorce, the original owner is the property owner, and Dongwang divides the joint repayment of the loan and the corresponding value-added part after the marriage, and the party who has not obtained the property right has the right to claim the corresponding value.

Legal basis: Article 1062 of the Civil Code of the People's Republic of China The following property acquired by the 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) 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.