How to divide the mortgage in a divorce

After the divorce, the property will still be divided in half, unless your husband voluntarily gives most or all of the property to the spear, because the title to the house is signed in the names of both people. If the prenuptial signature is in your unilateral name, and the property is notarized before the marriage, now the house is all yours. If you buy a house after marriage, if you write your name alone, your husband will also account for half of the property rights.

You're a bit delusional, and you're the property of the two of you. You're going to be ruthless alone. Contempt 3

Economic separation is your own way of life, and from a legal point of view, the property acquired during the relationship is the joint property of the husband and wife. The cost of renovating the house, which is used for your living together, and the part of the down payment you paid for the house from your own account before the marriage is not enough to prove that it is personal property before the marriage. Therefore, your property should be divided according to the joint property of the husband and wife at the time of separation.

In the case of subdivision of mortgaged property, it is not possible to simply divide the contract value of the house because there is also the problem of continuing to repay the bank loan. The actual value of the house (the sum of the contract value and the appreciation of the house) minus the residual value of the outstanding bank loan is the distribution between the two parties. One of the parties acquires the property and continues to repay the loan principal and interest to the bank, while paying half of the value of the house to the other party.

I hope you communicate well, marriage needs both husband and wife to operate together, tolerate each other, if it is not necessary, do not embark on the road of divorce. Wishing you all happiness!

Hello, according to the problem you described, how to divide the house in the divorce for the house that has paid off the loan amount also needs to be analyzed according to the specific situation of the sedan chair.

Specifically, if one of the spouses buys a house through a mortgage loan before marriage, obtains a Chundong real estate certificate and registers it in the name of one of the spouses, this situation is the personal property of one party before marriage, and it is generally still owned by one party at the time of divorceHowever, the money repaid jointly by both parties during the marriage, whether it is actually with the income of one person or the joint income of both parties, belongs to the repayment of the loan with the joint property of the husband and wife, so this part of the money should be divided when the parties divorce;The value of the house may appreciate during the marriage, and the appreciation of the house also needs to be divided, which is also the income of the joint property of the husband and wife.

Hope mine can help you, thanks for asking!

[Legal basis].

Marriage Law: Article 39 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.

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 40: Where husband and wife agree in writing that property acquired during the existence of the marital relationship shall belong to each other, and one party has paid more obligations for raising children, taking care of the elderly, assisting the other party in work, etc., they have the right to request compensation from the other party at the time of divorce, and the other party shall make compensation.

Legal analysis: If the mortgage is not paid off at the time of divorce, the court will generally order the party who has the house to bear the loan and pay the other party the discount of the house price according to the share agreed by both parties. All other things being equal, the court gives preference to awarding the house to the main lender.

Calculation of the discount amount = (market price of the house - remaining loan principal) multiplied by the "agreed share".

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

Article 1076:Where both husband and wife wish to divorce themselves, 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' expression of intent to divorce voluntarily 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 taught and not changing;

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.

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.

Article 1085:After divorce, where one party directly raises the children, the other party shall bear part or all of the maintenance expenses. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.

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 is not reached, the people's court is to 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.

The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

Legal analysis: According to the law, 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 in the bank, and repays the loan with the joint property of the husband and wife after marriage, and the real estate is registered and the down payment house is in the name of the house, and the property is handled by agreement between the two parties at the time of divorce, and if no agreement can be reached, the court can rule that the house belongs to the party with property rights registration. How to divide the property loan that has not been paid off in the divorce of the couple:

1.After the house is purchased after marriage, the house belongs to the joint property of the husband and wife, and the division of the property and the mortgage together in the divorce shall be negotiated by the two parties, and the court will decide if the negotiation fails;

2.The pre-marital payment to buy the house is registered in the name of one party, and the loan that has not been repaid is the personal debt of the party whose property rights are registered, and the property also belongs to the property of one party;

3.If you buy a house before marriage, the real estate is registered in the name of both husband and wife, and the house belongs to the joint property of the husband and wife.

Legal basis: Article 1087 of the Civil Code of the People's Republic of China In the event of a divorce, if the joint property of the husband and wife is to be disposed of by agreement between the two parties, the people's court shall make a judgment in accordance with 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. The rights and interests enjoyed by the husband or wife in the contracting and management of the family's celebration of land shall be protected in accordance with law.