How to divide the house bought before marriage?

The key to civil issues is for the parties to negotiate and reach an agreement. You can both agree, and there is no law on how to divide it. If you want to save money on hiring a lawyer, discuss it yourself and write a divorce agreement.

In accordance with the principle of fairness and reasonableness of the law, everyone looks at their respective economic contributions to the family and their own economic capabilities. Do you want to keep the house, or **? If it is kept, then it is necessary to discuss who will live and who will leave.

Do you want to leave and rent out the house? Two people need to discuss. Yes**, and then everyone divides the money according to the family's contribution.

If the man is generous and gives it to the woman, then just go through the change procedures. In the future, the loan will generally have to be repaid by the woman. That's how my brother got it.

Anyway, it's OK if it's acceptable to both peopleIf you don't have a good discussion, you need to hire a lawyer, and it will cost at least a few thousand dollars. Why bother?

Can't you discuss it? Everyone is also in love, and it is good for everyone to be kind when they are separated.

There is only one principled provision in Chinese law on the method of dividing the joint property of husband and wife: "In the event 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. As for how the basic courts apply the above principles in judicial practice, it can be said that the operational means are very flexible, and it is best to consult a matrimonial lawyer in person based on the circumstances of the whole case.

The information found on it is also not authoritative enough. , I think it's better for you to call a ** to the law firm to ask, first call a ** to ask, and call a few more law firms. Find out more about the situation before you decide to file a lawsuit with a lawyer.

That's for the best.

As you said, it can be regarded as the joint property of the husband and wife, and each party holds half of it. It's up to you to negotiate how to do it.

Your wife and I are half of the same.

The house is owned by one party, but the other party has to pay for it. Specifically, it has to be considered from many aspects according to the actual situation, and finally depends on how the relevant departments judge. It's a good idea to check the relevant regulations.

Legal analysis: (1) After marriage, the husband and wife or the parents jointly contributed to the purchase, and the full property rights have been obtained before the divorce, and the name of one party or both parties is recorded in the column of the owner of the house on the house ownership certificate First of all, if the husband and wife have an agreement on the property before and after marriage, if the two parties do not agree, such real estate belongs to the joint property of the husband and wife, and can participate in the division of property at the time of divorce.

Legal basis: Civil Code of the People's Republic of China Article 22 After the parties get married, if the parents contribute to the purchase of a house for both parties, the contribution shall be deemed to be a gift to both husband and wife, except where the parents expressly express the gift to one party. Therefore, unless the parents expressly express that they are a gift to one of the parents, they are also the joint property of both parties and can participate in the division of property in the event of divorce.

Buying a house before marriage and obtaining a real estate certificate after marriage If one party buys it in full before marriage, it belongs to one party's personal property; If the down payment is made before the marriage and the mortgage is repaid jointly after the marriage, the house is still the personal property of the party who paid the down payment, but the party who obtained the title deed at the time of divorce is obliged to make appropriate and reasonable compensation to the other party.

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) the proceeds of intellectual property rights; (4) Inherited or donated assets of the Sign, 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.

Buying a house before marriage and obtaining a real estate certificate after marriage If one party buys it in full before marriage, it belongs to one party's personal property; If the down payment is made before the marriage and the mortgage is repaid jointly after the marriage, the house is still the personal property of the party who paid the down payment, but the party who obtained the title deed at the time of divorce is obliged to make appropriate and reasonable compensation to the other party.

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) the proceeds of intellectual property rights; (4) Inherited or donated assets of the Sign, 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.

Buying a house before marriage and obtaining a real estate certificate after marriage If one party buys it in full before marriage, it belongs to one party's personal property; If the down payment is made before the marriage and the mortgage is repaid jointly after the marriage breakup, the house is still the personal property of the party who paid the down payment, but the party who obtained the real estate certificate at the time of divorce is obliged to make appropriate and reasonable compensation to the other party.

Legal basis: Article 1062 of the Civil Code states that 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) Property inherited or donated by Wang Ji, 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.

The division of buying a house before marriage needs to be discussed on a case-by-case basis.

There are two types of pre-marital home purchases. One is a property purchased by one party with personal property before the marriage is registered, and the other is a property purchased by each party with their own funds before the marriage is registered. Therefore, the distribution method of buying a house before marriage should be differentiated according to the different nature of these two types of real estate.

First of all, the real estate purchased by one party with his or her own personal property before marriage should be recognized as the property owned by one party personally. At the time of divorce, the other party who has not contributed money certainly does not have the right to request a division of the property. Secondly, if the property is purchased jointly by both parties, both the man and the woman have the right to request the division of the property in the event of divorce.

Finally, the specific division method can be implemented in accordance with the agreement of both parties. If there is no way to reach an agreement, the people's court can be requested to make a corresponding judgment.

Legal basis] Lao Oak Civil Code of the People's Republic of China

Article 1063 The following property shall be the personal property of one of the husband and wife, such as the Han family

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

2) Compensation or compensation received by one party for personal injury;

3) Property that is determined in a will or gift contract to belong to only one party;

4) Daily necessities for the exclusive use of one side;

5) Other property that shall belong to one side.

Legal analysis: If the house is purchased in full before marriage, it does not need to be divided, but if the down payment is made before marriage and the loan is repaid after marriage, the part of the loan repayment after marriage needs to be divided when divorced. Legal basis:

Article 1062 of the Civil Code of the People's Republic of China [Joint Property of Husband and Wife] 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 1063 of this Law;

(5) Other property that shall be jointly owned.

Husband and wife have equal rights to dispose of joint property.

Article 1063: [Personal Property of Husband and Wife] The following property is the personal property of one of the husband and wife:

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

2) Compensation or compensation received by one party for personal injury;

3) Property that is determined in a will or gift contract to belong to only one party;

4) Daily necessities for the exclusive use of one side;

5) Other property that shall belong to one side.