The mortgage man bought a house before marriage?

Based on the principle of seeking truth from facts, it is most fair and reasonable to negotiate amicably, and then divide according to a relatively objective proportion of capital contribution. If not, the man can be generous and give a little more to the woman according to the actual proportion of investment, after all, the husband and wife don't have to worry too much. If they are not willing to suffer, then ask the court to make a judgment and claim their rights and provide their own evidence.

In this case, if the woman's name is not on the real estate deed, and the woman cannot produce evidence of loan repayment, it may be a little more troublesome to prove (not only a little troublesome, in the absence of clear evidence of capital contribution, the court is likely to only recognize the joint repayment amount after the date of obtaining the legal marriage certificate).

This is personal property before the marriage, and the house does not have the wife's name, so it will not be divided as joint property.

According to this statement, the woman may also be able to get a small share of the house. Because after all, there is a joint repayment of the loan after marriage. So according to this argument, you can divide the house a little less. It shouldn't be a lot, because after all, most of the down payments and loan repayments are made by men.

Before getting married, the man bought a house with a mortgage, in fact, this is very normal, there is no need to say that the man who buys the house will not have your share, so if you want to live a good life, after a few years of marriage, and then there is really a meeting change, there will also be your share.

The house that the man bought with a mortgage before marriage. Greetings belong to the repayment of the loan for two people. Although it is the name of the man. But once. If you want a divorce. The woman also has the right to a small share of the property.

If you want to split, then you can only divide it when you repay the loan together, and the others don't seem to work.

This house is bought by the man with money, and he pays a comfortable down payment on the loan he buys, and the man's name is written, which is the former property of the WHO, and the woman's name is not written, but after getting married, most of the man's development is like this.

If the husband buys a house with a mortgage before marriage, if the husband and wife repay the house after marriage, it belongs to the joint property of the husband and wife.

The house is a down payment paid by the man's parents before marriage, you get the license late, you occasionally repay the loan, if there is evidence will give you money, if there is no evidence, the house will definitely not be awarded to you. It's not a down payment you pay.

However, if the husband and wife repay the loan jointly after marriage, then the division and ownership of the house belong to both parties.

You have to live there.

Legal analysis: If the husband buys a house before marriage and the husband and wife jointly repay the loan after marriage, the property right is registered in the man's name, which belongs to his personal property, and the participation of one of the spouses in repaying the loan after marriage does not change the nature of the house as personal property. If the property right is registered in the names of both parties, it is the joint property of the husband and wife.

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.

Article 1063:The following property is the personal property of one of the husband and wife: (1) the premarital property of one party; (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 party.

Legal analysis: In this case, the woman's name can be added, but the premise is that the loan must be repaid and the name can be added only after applying for two certificates. The addition of the name of the husband and wife is different before and after marriage, and the addition of the name after marriage is a change of registration, and the public only needs to provide the identity certificate of both husband and wife.

Where the law has other provisions, those provisions shall be followed.

Legal basis: "Interpretation of the Supreme People's Court on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China" 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.

Interpretation of the Supreme People's Court on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China Article 31 Article 1063 of the Civil Code provides that the personal property of one of the husband and wife shall not be converted into the joint property of the husband and wife due to the continuation of the marital relationship. Unless otherwise agreed by the parties.

Legal analysis: If the house bought by the man before marriage and the loan repaid by the man after marriage, then the property has nothing to do with the woman, and belongs to the man's personal property, and the woman has no right to divide it. However, unless the man is willing to give it.

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

Article 1065:A man and a woman may agree that property acquired during the marriage relationship and property before marriage shall be owned separately or jointly, or partly separately or partly jointly owned by the first person who has made a fuss. The agreement shall be in writing. Where there is no agreement or the agreement is not clear, the provisions of articles 1062 and 1063 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 legally 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 counterpart, the personal property of the husband or wife shall be repaid.

Legal analysis: 1. The house is purchased before marriage: it should be your personal property before marriage, and it will not be divided in the event of divorce, and the property right is still yours.

2. However, the loan repaid after marriage: Even if all of it is repaid with your personal income after marriage, as long as there is no special agreement between you on the property after marriage to be owned by each other, the loan repaid after marriage is the joint property of the husband and wife, and you should share half of the mortgage repaid after marriage to her when divorced.

3. The price of the increased value of the house after marriage: most courts will recognize it as the joint property of the husband and wife, and it is possible to share half of it with her, but there are different precedents.

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

Article 1062:The following property acquired by a husband and wife during the existence of a marital relationship is 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 163 of this Law;

(5) Other property that shall be jointly owned.

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

Article 1063 The following property shall be 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 party.

1. Article 10 of the Marriage Law of the People's Republic of China stipulates that if 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 loan in the bank, 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 paying the down payment, the immovable property shall be disposed of by agreement between the two parties at the time of divorce.

2. 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 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. In the case of divorce, the party registered in the property right shall compensate the other party for the joint repayment of the loan and the corresponding increase in property value between the parties after marriage.

There are several situations in which a premarital loan to buy a house is for reference:

1. How to divide the house that one of the husband and wife buys through a mortgage loan before marriage and obtains the real estate certificate, and the husband and wife jointly repay the mortgage after marriage?

Although the house was purchased by one party before the marriage, the part of the house that increases in value after the marriage and the part that the loan is jointly repaid shall be regarded as joint property unless otherwise agreed by the husband and wife. It should be noted that the part of joint repayment, whether the loan is repaid by one party with his or her own salary or by both parties, shall be recognized as the joint property of the husband and wife. Of course, if one party can prove that the loan repayment funds are from the individual's pre-marital property, then this part should not be recognized as the joint property of the husband and wife.

More complicated situations.

2. If one of the husband and wife paid part of the house payment before marriage, but obtained the real estate certificate after marriage, how to divide the house that both parties jointly repay the loan after marriage?

Although the real estate certificate is a certificate of property rights and a legal certificate to prove the ownership relationship of the house, it does not mean that the house that obtains the real estate certificate after marriage should be the property after marriage, and it is still necessary to subdivide the property into two parts before and after marriage.

3. If one of the husband and wife pays part of the house payment before marriage and repays the loan jointly after marriage, or one party uses personal property to repay the loan but the house appreciates, how to divide the house that has not yet obtained the real estate certificate when divorced?

According to the provisions of the judicial interpretation (II) of the Supreme People's Court on the "Marriage Law", in the event of a divorce, if the two parties have a dispute over the house that has not yet obtained ownership or has not yet fully obtained ownership and cannot be negotiated, the people's court should not make a judgment on the ownership of the house, and shall make a judgment to be used by the parties according to the actual situation. After obtaining the house ownership certificate, either party will file a separate lawsuit with the court. In addition, the relevant interpretation of the First Civil Division of the Supreme People's Court makes it clear that the scope of the court's inappropriate judgment on the ownership of the house includes:

1) Purchase of welfare policy housing; (2) purchase of commercial housing; (3) Purchase affordable housing. If the above three types of houses have not been obtained at the time of divorce, the court should not directly make a judgment on the ownership of the house.

If you take out a prenuptial loan to buy a house, it should belong to the real estate rights of the investor, and when there is no notarization of the prenuptial purchase after marriage, it will be regarded as joint property.

Legal analysis: look at the names of several people on the real estate certificate, if it is registered in the name of the man, because it is a house bought by the man with a loan before marriage, then the house should be owned by the man, if the real estate certificate is registered in the name of two people, the woman's name must be added later, this situation is not considered the public property of the husband and wife, and the treatment method is the same as the first case.

Legal basis: Article 1062 of the Civil Code of the People's Republic of China The following property acquired by husband and wife during the existence of the marital relationship is 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 163 of this Law;

(5) Other property that shall be jointly owned.

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

Article 1063 The following property shall be 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 party.