How to divide the divorce by buying a house in full before marriage?
If both parties have an agreement on the real estate, they can negotiate with one party or both parties can get a share. If the two parties fail to negotiate, the court needs to make relevant judgments according to the specific circumstances and the rights and interests of the children.
It is a special way for one party to buy a house in full before marriage. If one party buys a house in full before marriage, the property belongs to the husband and wife. Even if one party buys a house in full before marriage but gets the real estate license after marriage, it is also pre-marital property, and the other party has no right to ask for division.
However, if a husband and wife buy a house in full before marriage, but add the name of the other party after marriage, it belongs to the change registration act in the Property Law, that is to say, the property is converted into the joint property of husband and wife, and its essence can be regarded as a gift from one party to the other, which can be divided when divorced.
In addition, it is worth noting that if one parent made a full contribution before marriage and registered it in the name of one parent's child, the property belongs to the personal property before marriage, and the other party has no right to ask for division.
In fact, it is quite common to ask for divorce after buying a house in full before marriage, and its judicial judgment is relatively simple and clear. But love is priceless. I hope you can cherish your precious feelings.
How to divide the house bought before marriage and repay the loan together after marriage?
Property purchased with personal property before marriage, even if the loan is repaid with the joint property of husband and wife after marriage, is still the personal property of husband and wife in terms of housing ownership. Therefore, the value-added part of the house during the divorce period is divided into two parts: the appreciation part of the common loan repayment and the unpaid loan part. At this time, the appreciation part of joint repayment is divided according to the joint property of husband and wife at the time of divorce. The value-added part of personal repayment belongs to one party's personal property and will not be divided when divorced.
Legal basis:
Article 1062 of the Civil Code
The following property acquired by husband and wife during the marriage relationship is the joint property of husband and wife, which is jointly owned by husband and wife:
(1) Wages, bonuses and remuneration for labor services;
(2) Income from production, operation and investment;
(3) Income from 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 should be jointly owned.
Husband and wife have equal rights to dispose of common property.