Legal analysis: If it is registered in the name of one party, and the personal property of one party is used to repay the loan, it belongs to the personal property of one party; if both parties repay the loan at the same time, and the property title certificate is in the name of one party, the property itself It is an individual's pre-marital property, but the mortgage part paid after obtaining the certificate belongs to the joint property of the husband and wife. It can be handled by agreement during divorce. If the negotiation fails, it belongs to the registered party, but the remaining debt will be repaid by the registered party. The previous debts repaid jointly by the husband and wife Part of the unregistered party may seek compensation from the registered party.
Legal basis: "The People's Republic of China and the Civil Code"
Article 1062: The following properties acquired by husband and wife during the marriage relationship shall be the property of the husband and wife* **The same property shall be owned jointly by husband and wife***:
(1) Wages, bonuses, and labor remuneration;
(2) Income from production, operation, and investment;
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(3) Income from intellectual property rights;
(4) Property inherited or donated, except as provided for in Paragraph 3 of Article 1063 of this Law;
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(5) Other property that should belong to the contract.
Husband and wife have equal rights to handle the same property.
Article 1,063 The following properties are the personal property of one spouse:
(1) One party’s pre-marital property;
(2) One party’s pre-marital property Compensation or compensation for personal injury;
(3) Property determined to belong to only one party in the will or gift contract;
(4) Daily necessities exclusively for one party;
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(5) Other property that should belong to one party.
Article 1065: Both men and women may agree that the property acquired during the marriage and the property before marriage shall be owned by each other separately or jointly, or may be partly owned by each other and partly jointly owned by the couple. The agreement should be in writing. If there is no agreement or the agreement is unclear, the provisions of Articles 1062 and 1063 of this Law shall apply.
The agreement between husband and wife regarding the property acquired during the marriage and the property before marriage is legally binding on both parties.
The husband and wife agree that the property acquired during the marriage shall be owned by each other. If the other party is aware of the agreement, the debts borne by the husband or wife shall be paid off with the personal property of the husband or wife.