After marriage, I sold the house before marriage and bought another house, how to divide it in divor

Yes, as long as the acts that occur after marriage are the joint property of the husband and wife, they should be divided into half.

If the house is bought before marriage, then he will not get any share, but after marriage, you have to sacrifice your property. It's best to find a lawyer to do how to divide him less, this kind of thing must be divided, but it's just a matter of how much, so it is recommended to find a professional lawyer.

In accordance with Article 19 of the Marriage Law of the People's Republic of China adopted by the Ninth National People's Congress on April 28, 2001.

Article 19: Husband and wife may agree that property acquired during the existence of the marital relationship and property before marriage shall be owned separately or jointly, or partly separately or partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is unclear, the provisions of articles 17 and 18 of this Law apply.

The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is binding on both parties.

If the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the third party, the debts shall be paid off with the property owned by the husband or the wife.

Article 18 of the Interpretation (1) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China provides: Article 19 of the Marriage Law"The third party is aware of the agreement", the burden of proof is on one of the spouses.

When you get married, the man writes you a note acknowledging that half of the marital house belongs to your pre-marital house.

According to Article 19 of the Marriage Law, even if you are divorced, half of the house is still yours and cannot be changed.

It should be personal property and should not be divided as joint property after divorce.

First of all, according to Article 18 of the Marriage Law, the real estate in the name of one party before marriage shall belong to the personal property of one of the spouses, and the money obtained after the sale is only a change in the form of personal property, and is not equivalent to the property acquired after marriage as stipulated in Article 17 of the Marriage Law, because according to the original legislative intent, if the proceeds of any disposal of pre-marital property will be converted into post-marital income, the meaning of the pre-marital personal property will be almost lost, and the pre-marital property will no longer be able to be changed. It is also not conducive to the full use of social property.

As for the issue of buying a house with this money, no unified law or judicial interpretation has been issued at the national legislative level, but Article 8 of the Zhejiang Provincial High People's Court on the Answers to Several Questions Concerning the Trial of Marriage and Family Cases issued by the Zhejiang Provincial Senior People's Court in 2016 stipulates that "if one of the husband and wife purchases a house after marriage with full contribution of his or her premarital property and the property right is registered in his or her own name, this is the transformation of the form of personal property before marriage after marriage, and does not affect the nature of the property. The house is the personal property of one of the spouses" may be used as a reference for judicial opinions.

Judicial basis: Marriage Law

Article 18: In any of the following circumstances, it is the property of one of the husband and wife:

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

2) Medical expenses, living allowances for the disabled, and other expenses received by one party 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 side.

Article 17 The following property acquired by husband and wife during the existence of their marital relationship shall be jointly owned by the husband and wife:

1) Wages and bonuses;

2) the income from production and operation;

3) income from intellectual property rights;

4) Property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law;

5) Other property that shall be jointly owned.

Husbands and wives have equal rights to dispose of jointly owned property.

Zhejiang Provincial High People's Court's Answers to Several Questions Concerning the Trial of Marriage and Family Cases, Gao Fa Min Yi 2016 No. 2.

8. How to determine the nature of the house purchased by one of the spouses after marriage with the contribution of his or her premarital property?

Answer: If one of the husband and wife purchases a house after marriage with full contribution of his or her pre-marital property and the property right is registered in his or her name, this is the transformation of the form of personal property before marriage after marriage, which does not affect the nature of the property, and the house belongs to the personal property of one of the husband and wife.

If one of the spouses purchases a house after marriage with full contribution from his or her pre-marital property and the property right is registered in the name of both parties or in the name of the other party, or if the husband and wife purchase a house after marriage with a mixture of one of the pre-marital property and the joint property of the husband and wife, the house is the joint property of the husband and wife.

According to the Interpretation of the Marriage Law, if the down payment for a house bought before marriage is made by the man, if both husband and wife have repaid the mortgage after marriage, the house belongs to the man, and the woman has the right to demand the husband to return the mortgage she repaid. If the mortgage is not paid by the time of the divorce, it is a personal debt of the man before the marriage, and the woman is not responsible for the corresponding debt, and vice versa.

Regarding the question of how to divide the newly purchased house, first of all, we need to distinguish according to the nature of the house before the marriage.

In the first case, if it is the pre-marital property of one of the individuals before the marriage. Then the property is after the marriage, and the house is still the pre-marital property of one party. For example, if the man's house before marriage is 2 million after marriage, then the 2 million house is still the man's personal property.

In this case, it is necessary to distinguish between the newly purchased house**:

1) The husband happened to spend 2 million yuan to buy a new house, and the house was only registered in the man's personal name, then the house belonged to the conversion of the man's personal property before marriage after marriage, and the house still belonged to the man's personal property before marriage.

2) If the purchase price of the house after marriage is only 1.5 million, and the house is only registered in the man's personal name, then the house and the remaining 500,000 yuan of the sale price belong to the man's personal property and cannot be divided at the time of divorce.

3) If the value of the house after marriage is 5 million yuan, and the man invests all the 2 million yuan in the sale price to buy the house, and uses the joint property after marriage of 3 million, even if it is only registered in the name of the man alone, then at the time of divorce, the house belongs to the joint property of the husband and wife, and the contribution to the man's pre-marital property can be claimed to be precipitated at the time of divorce.

It should be noted that if the house purchased after the husband sells the house before the marriage is registered in the woman's name or in the name of both husband and wife, the house is the joint property of the husband and wife and can be divided in the divorce.

In the third case, if both husband and wife contributed capital when they purchased a house before marriage, then selling and buying a new house after marriage does not affect the nature of the house, and it is still the joint property of the husband and wife at the time of divorce, and the division can be claimed.

In the fourth case, if the husband and wife repay the mortgage after the marriage and then sell the house before the marriage, then the divorce needs to compensate the woman for the part of the joint repayment of the loan after the marriage.

The above is an introduction to the division of the house, but in judicial practice, the housing situation is more complicated, and may also involve the contribution of one parent, the contribution of both parents, the depreciation of the house, etc., so it is recommended to consult a professional marriage and family lawyer.

1. It depends on whether the house is bought before marriage or after marriage, and what is bought before marriage is the personal property of one party before marriage, and the other party has no right to share. If it is bought by one party before the marriage, but the name of the other party is added before or after the marriage, it is the joint property of both parties.

2. If the house is bought after marriage, if there is no special agreement between the two parties on the property, even if there is only one person's name, it is the joint property of your husband and wife and should be divided equally.

This is enough to buy real estate after marriage, which belongs to the joint property of the husband and wife, and they will divide half of it when they divorce, of course, there are other negotiations to go out, otherwise, it is divided equally.

If the names of both spouses are written on the title deed of the new house, half of the new house will be given to the wife.

If one of the husband and wife buys a house with a mortgage of personal property before marriage, and the property right certificate is registered in the name of one of the parties, the ownership and division of the house are generally divided into the following three situations when divorced: 1. One of the husband and wife purchases a house with a mortgage of personal property and takes out a mortgage loan before marriage, and the property right is registered in his own name, and the house belongs to personal property, and the mortgage loan is a personal debt. Therefore, when the divorce divides the property, the house is personal property, and the remaining unpaid debts are personal debts, and the part of the loan that has been repaid that belongs to one of the spouses should be returned.

It should be pointed out that the part of joint loan repayment, whether it is repaid by one party with personal wages or by Xunna with the wages of both parties, shall be deemed to be a joint repayment of the loan by the husband and wife. If the buyer can prove that the loan repayment funds are in the personal pre-marital property, then the house is personal property and the other party has no right to divide it.

2. If the property right certificate is registered in the name of one party, but the spouse has evidence to prove that he or she also jointly contributed capital when purchasing the house before marriage, the house is still the personal property of the property right certificate registrant when the property is divided in divorce, and the remaining unpaid debts are his personal debts, but the part of the down payment and the loan that has been repaid that belongs to the capital contribution and repayment of the spouse shall be returned. 3. If the property right certificate is registered in the name of one party, and the spouse has evidence to prove that he or she also contributed capital when purchasing the house before marriage, and at the same time there is evidence to prove that the capital contribution was made on the premise that both parties recognized the purchased house as joint ownership before marriage, although the property is registered in the name of one party, it should still be recognized as the joint property of the husband and wife, and when the mu is not cut, it should be handled according to the principle of division of common property, and similarly, its mortgage loan debt is a joint debt. However, when dividing the jointly owned real estate, if there is a disparity in the proportion of the amount of capital contributed by the parties, and there is indeed no living together after marriage or the duration of the marriage relationship is short, it should also be considered, and the real estate can be divided with reference to the proportion of capital contribution at that time, rather than dividing the house equally.

Article 29 of the Supreme People's Court's Interpretation on the Application of the "Civil Procedure Law of the People's Republic of China" Article 29: Where before the parties get married, their parents contribute to the purchase of a house for both parties, the contribution shall be deemed to be a gift to their children, unless the parents expressly express that the gift is made to both parties. After the parties get married, if the parents contribute to the purchase of a house for both parties, it shall be handled in accordance with the agreement; Where there is no agreement or the agreement is not clear, it is to be handled in accordance with the principles provided for in item 4 of paragraph 1 of article 1062 of the Civil Code. Article 79: Where, during the existence of a marital relationship, both parties use the joint property of the husband and wife to purchase a house in the name of one of the parents, which is registered in the name of one of the parents, and at the time of divorce the other party claims that the house be divided in accordance with the joint property of the husband and wife, the people's court will not support it.

The capital contribution made at the time of purchase of the house can be treated as a creditor's right.