What to do after a prenuptial mortgage divorce, and what to do when a prenuptial mortgage house is d

It depends on how the judge determines the property, if it is determined to be the joint property of the husband and wife, the woman can share half of the property rights, that is to say, if the woman wants a house, she can discount the other half of the money to the man, if she does not want a house, then the man has to give the woman half of the discount of the house price. If the judge determines that it is the man's personal property, then the woman can ask the man to return the money as long as she can prove that she has paid the mortgage.

Because China's property law stipulates that immovable property is registered in effect, and the real estate is registered in the name of the man, it may be recognized as the man's personal property. However, according to relevant judicial practice, if it is purchased for marriage, it may also be recognized as the joint property of the husband and wife, so how to determine it depends on the opinion of the presiding judge.

The property belongs to the man. However, the husband shall return to the woman half of the price paid for the house with personal property before the marriage, and half of the payment from the joint family property after the marriage.

New Marriage Law: If it is purchased for the purpose of marriage, it may be joint property; Otherwise, it is not joint property. From what you have described, it is possible that the judge will consider the property to be purchased for marriage and thus disposed of as community property.

If it is distributed, it may be divided according to the size of the contribution, or it may be divided equally.

Specifically, you should check the interpretation of the Marriage Law and whether the local court has issued corresponding trial guidance.

If there is evidence that the mortgage loan of the house has been shared by the woman, she can get it back.

First, the part of the house purchased before marriage is considered personal property, and unless the husband and wife explicitly donate or share the property after marriage, even if the name is added, it can only be regarded as personal property. There is no division in the event of divorce. Second, the part of the capital contribution and mortgage before marriage is personal property, but the part of the mortgage after marriage and the part of the woman's contribution that may result from the woman's renovation of the house or repayment of the loan are joint property after marriage.

In the event of divorce, it is divided according to the joint property. Third, if one of the parents contributes to buy a house after marriage, the property right Zaohui registered in the name of his or her children is a gift to his children, and has no relationship with the other party during the storage period of the marital relationship, and it will be regarded as the personal property of one of the husband and wife at the time of divorce and will not be divided. Fourth, the Boyanchan house purchased by the parents of both parties after marriage, regardless of which party's name the property right is registered, will be divided according to the share of capital contribution at the time of divorce.

According to Article 1087 of the Civil Code, in the event of divorce, the joint property of the husband and wife shall be disposed of by the parties in agreement;If an agreement is not reached, the people's court shall 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.

Legal analysis: If it is bought before marriage, it is personal property and does not participate in the distribution, otherwise it will be divided as the joint property of the husband and wife.

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

Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

The divorce agreement shall clearly state the parties' voluntary expression of intent to divorce and the consensus on matters such as child support, property, and debt handling.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.

People's courts hearing divorce cases shall conduct mediation;If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly been taught;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted. Lu Zhao's eyes.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

Legal analysis: 1. One of the husband and wife purchased a house with personal property and mortgaged a loan before marriage, and handled the real estate certificate of the owner of one of the husband and wife before marriage, and both parties jointly repaid the loan after marriage, and the house in this case is the personal property of one party, and the other party has no right to claim division in the divorce. However, one of the spouses who participates in the joint repayment of the loan has the right to demand that the other spouse return the part of the repayment.

What Qingmin needs to make clear here is that whether the joint repayment of the loan is made by the individual salary of one party or the salary of both parties, it should be recognized as joint loan repayment. Therefore, in the event of a divorce of a house with a loan, the spouses who have made joint payments can request that the other party return the mortgage payment. Compensation can also be claimed for the part of the house that has appreciated in value.

2. One of the husband and wife pays the down payment before marriage, repays the loan jointly after marriage, registers the ownership of real estate and obtains the real estate certificate after marriage. Since the acquisition of the real estate certificate is the process of realizing the expectation right of the party who paid the down payment before marriage, and one party pays the down payment before marriage, the ownership of the mortgage house before marriage has been determined, and it belongs to the personal property of one party before marriage, and the joint repayment of the loan after marriage does not change the nature of ownership, so in this case, the property also belongs to the personal property of the party who made the down payment before marriage. 3. Before marriage, one party signs a house sale contract, fails to apply for a mortgage with the bank and pays the down payment, and does not pay the down payment with his own property until after the marriage, and registers it in his own name.

In this case, since the down payment is made after the marriage, the mortgaged house should be the joint property of the husband and wife. 4. If both parties purchase jointly before marriage and pay the down payment before marriage, the down payment is a joint contribution, which shall be recognized as the joint property of the husband and wife in this case. However, the property was co-owned by shares before the marriage, and after the marriage, due to the particularity of the relationship between the husband and wife, it was converted into joint ownership.

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

1. It is generally believed that one party's premarital property is personal property, and one party should belong to premarital property if he or she goes through mortgage procedures and obtains a property right certificate before marriage.

2.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 before marriage on the premise that both parties recognized the purchased house as joint ownership, 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 the division should be handled in accordance with the principle of division of joint property, and the mortgage loan debt is a joint debt.

Legal basis: Article 10 of the Interpretation (III) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China provides 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 from 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.

Judicial Interpretation III of the Marriage Law:

Article 10 : 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 paying 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 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. 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.

Before marriage, it depends on who gives the money, and it also depends on how long it takes to get divorced.