After marriage, if one party buys a house, who will divorce?

Today I would like to share with you the topic of real estate division in divorce, which is also a concern of many customers, because the real estate contributors involved in the divorce case and the time of capital contribution will lead to different ways of division, so today I will mainly share with you the situation of who the divorce belongs to after the marriage when one party buys a house and divorces. Under normal circumstances, after marriage, one party buys a house with joint property belongs to the joint property of the husband and wife, (the principle of equal sharing, one party obtains the house, and compensates the other party according to the market; ** Housing, the income is divided equally; The two parties bid to obtain the ownership of the house, and the other party will be compensated according to the market). However, there are exceptions to the agreement.

If the immovable property purchased by one of the parents for the child after marriage is registered in the name of the investor's child, it may be regarded as a gift to only one of the children in accordance with the provisions of Article 18 (3) of the Marriage Law, and the immovable property shall be recognized as the personal property of one of the spouses. Where immovable property purchased by both parents after marriage is registered in the name of one of the children, the immovable property may be deemed to be jointly owned by both parties in accordance with their respective parents' share of capital contribution, unless otherwise agreed by the parties. Legal basis:

Article 18 of the Marriage Law of the People's Republic of China shall be the property of one of the husband and wife in any of the following circumstances: (1) the premarital property of one party; (2) Medical expenses, living allowances for persons with disabilities, and other expenses received by one side 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 party.

One of the parties buys a house after marriage. The ownership of the real estate at the time of divorce shall be determined by the two parties through negotiation, and if the negotiation fails, the court shall make a judgment. After marriage, if one party buys a house with joint property, it should belong to the joint property of the husband and wife, and if one party obtains a house at the time of divorce, the other party shall be compensated according to the market.

If the immovable property purchased by one of the parents for the child at the expense of one of the parents after marriage is registered in the name of the investor's child, it may be regarded as a gift to only one of the children, and the immovable property shall be recognized as the personal property of one of the spouses. Where the immovable property purchased by both parents after marriage is registered in the name of one of the children, the immovable property may be deemed to be jointly owned by both parties in accordance with the share of their parents' contributions, unless otherwise agreed by the parties. The man and the woman may agree that the property acquired during the marriage and the property before the marriage shall be owned separately or jointly or partly separately and partly jointly.

The agreement shall be in writing.

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

Article 1062.

The following property acquired by the husband and wife during the marriage 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.

1. There is no need to do premarital property notarization

1. One party has obtained the property right certificate before marriage.

Hualu.com. The current Civil Code stipulates that pre-marital property is always personal and will not be converted into joint property of the husband and wife after the marriage has reached a certain number of years.

2. If the house where the companion lives after marriage is the house of his parents or the public house he rents, the judgment standard is based on the house ownership certificate.

In this case, the house is in whose name it is, so the house is not the joint property of the husband and wife at the time of divorce and cannot be divided.

3. The full payment has been paid before marriage, and the real estate certificate can only be obtained after marriage.

In this case, the ownership of the property is not defined by the date of obtaining the title deed, otherwise it would be unfair.

4. Before marriage, the mortgage purchase has gone through the loan procedures, and the purchase contract and the bank loan contract are signed in their own name.

In this case, the house is personal property before the marriage, but the part of the loan repaid after the marriage is the joint property of the husband and wife, and half of the compensation should be given to the other party. However, half of the compensation is only the money for repaying the loan after marriage, which is limited to the principal and does not include the appreciation of the house.

2. It is recommended to do premarital property notarization:

1. Before marriage, one party contributes to the purchase of the house, but the other party does not contribute, but the purchase contract, payment invoice and other procedures are all in the name of the other party.

2. Before marriage, both parties (including those who have contributed capital in both families) jointly contribute to the purchase of a house.

If the husband and wife buy a house after marriage, if the real estate certificate has the names of the two people, it is generally the joint property of the limb chain, and the principle of equal division is the divorce; If only the name of one party is written in the name of the house after marriage, whether the house is joint property or personal property depends on the purchase funds.

1. If the immovable property purchased by both parents is registered in the name of one of the children, the immovable property may be deemed to be jointly owned by both parties in accordance with the share of their respective parents' contributions, unless otherwise agreed by the parties. At this time, the property can be divided according to the proportion of capital contribution at the time of divorce.

2. The personal property of one party before marriage does not automatically become joint property because the two people get married, if it is all the pre-marital property of one person who buys a house after marriage, then this still belongs to personal property, but the form of personal property before marriage is changed. At this time, at the time of divorce, the property belongs to one party and cannot be divided by the other party.

3. If the immovable property purchased by one of the parents for the child is registered under the name of one of the children, it shall be regarded as a gift to only one of the children, and the immovable property shall be recognized as the personal property of one of the husband and wife. Similarly, in this case, the other party is inseparable in the event of a divorce.

1. Is buying a house before marriage a party's personal property?

1.Jointly funded by both men and women, and the property rights are registered in the name of one person:

If both parties have a clear intention to marry before purchasing the house, the house tends to be jointly owned by both parties.

If there is no clear intention to marry, it is generally in accordance with the principle of disposing of joint property during the period of cohabitation, and the joint ownership is proportional to the proportion of capital contribution.

2.Jointly funded by both men and women, the property rights are registered in the names of the two people:

Generally, if there is a large disparity in the amount of capital contribution, it is possible to take care of the capital contribution with more capital contribution when dividing it according to the capital contribution.

3.Where a capital contribution by one party is registered in the name of one of the other party, it is generally regarded as a gift for the purpose of marriage and is treated as the personal property of the registered party. If there are special circumstances such as the investor does not meet the conditions for purchasing the house, and only purchases the house in the name of the other party, it can be handled as joint ownership.

4.If one party contributes capital and is registered in his own name, it is personal property, and if the loan is repaid jointly after marriage, the part of the loan repayment after marriage and the corresponding value-added part need to be compensated by the party who owns the house to the other party.

Legal Analysis: The ownership of the house bought after the divorce is as follows:

1. If one party wants a house after divorce, he or she should compensate the other party for half of the house payment;

2. The two parties can negotiate to decide on the distribution plan, and if the negotiation fails, any old and defeated party can file a divorce lawsuit and submit it to the court for judgment;

3. If your loan is not repaid, the unpaid part will be repaid by the party who acquired the house. If the house is purchased after marriage, or purchased before marriage as a place to live together after marriage, unless the parties have expressly agreed on the ownership of the house, the house shall be recognized as the joint property of the husband and wife, and in principle, it shall be divided equally.

The law is based on:

Article 1087 of the Civil Code of the People's Republic of China provides that in the event of a divorce, the joint property of the husband and wife shall be disposed of by agreement between the parties; 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 course of land contracting and operation at home shall be protected in accordance with law.