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Anonymous users2024-02-11One 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.
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Anonymous users2024-02-10Legal 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.
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Anonymous users2024-02-09Legal 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.
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Anonymous users2024-02-08One of the husband and wife signs a contract for the sale and purchase of a house 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, and the divorced property belongs to the registered party. The outstanding loan is the personal debt of the party who acquired the property, and since the marriage is repaid jointly by the husband and wife, the other party needs to be compensated in the event of the division of the property in the divorce.
The legal basis of the Xiangda Bend related to this article].
Article 1062 of the Civil Code stipulates that the following property acquired by the 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.
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Anonymous users2024-02-07One party to the property registration is required to pay half of the amount of the joint mortgage repayment to the other party after the marriage, and half of the interest in the increase in the value of the house from the date of repayment after the marriage.
The failure to pay off the loan is a personal debt of the property registration party and has nothing to do with the other party.
In the event of a divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties, and if no agreement is reached, the people's court shall 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 on the basis of the specific circumstances of the property. The rights and interests enjoyed by the husband or wife in the contracting and management of family land shall be protected in accordance with law.
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Anonymous users2024-02-06If you buy a house before marriage and repay the loan jointly after marriage, you will be dealt with in the following way when you divorce:
1. 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 paying the down payment, the real estate shall be disposed of by agreement between the two parties at the time of divorce;
2. If no agreement can be reached, the people's court may rule that the immovable property belongs to the party with property rights registration, and the loan that has not yet been repaid shall be the personal debts of the party with property rights registration.
3. If the husband buys a house before marriage and repays the loan jointly after marriage, if the house is registered in the man's name, the man pays to buy the house before marriage and repays the loan jointly after marriage, and the part before marriage belongs to the man's personal property and will not be divided at the time of divorce. The part of the loan repayment after marriage and the corresponding increase in value belong to the joint property of the husband and wife, and in principle, the two parties divide it equally. If the above circumstances are registered in the woman's name, the pre-marital portion is usually deemed to be a lack of joint property, and in principle, the two parties divide it equally.
The personal property belonging to the husband and wife is:
1. Pre-marital property of one party.
2. Medical expenses, living allowances for the disabled, and other expenses received by one party due to physical injury.
3. The property that is determined in the will or gift contract to belong to only one of the husband or wife.
4. Daily necessities for one party.
5. Other property that should belong to one party.
Legal basis: Civil Code
Article 1062.
The following property acquired by the 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 1063 of this Law;
5) Other property that shall be jointly owned. Husband and wife have equal rights to dispose of joint property.
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. >>>More
Divide the joint property according to the agreement.
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. >>>More
If you buy a house after marriage, write the name of one party, but it belongs to the house purchased by both parties with joint funds, and it belongs to the joint property of the husband and wife. >>>More
Husband and wife may agree that property acquired during the marriage and property acquired before marriage shall be separately or jointly owned or partly separately and partly jointly owned. The agreement shall be in writing. >>>More