According to Article 3 of the Judicial Interpretation of the Marriage Law, one spouse signs a real estate sales contract before marriage, pays the down payment with personal property and borrows money from the bank, and repays the loan with the same property after marriage. If the real estate is registered in the name of the down payment, the real estate shall be handled by both parties through agreement 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 decide that the real estate belongs to the party with registered property rights, and the unpaid loan is the personal debt of the party with registered property rights. After marriage, the amount paid by both parties to repay the loan and the corresponding value-added part of the real estate shall be compensated to the other party by the party handling the property right registration according to the principle stipulated in the first paragraph of Article 39 of the Marriage Law.
According to the judicial interpretation, when buying a house before marriage, the man pays the down payment and the property is registered in the name of one party. The property after marriage belongs to the man's personal property before marriage, and the woman has no right to divide it. The value-added part of the loan repayment after marriage can be divided as husband and wife, and the unpaid part can be repaid as the man's debt.
If the names of two people are written on the property certificate, the property will be divided as husband and wife.