The first reason: the change of the new civil code has stopped many people. According to the provisions of the new civil code, parents pay the down payment as a wedding gift to their son, that is, they give it to their son alone. This part of the money is equivalent to the son's pre-marital property, which is exclusive to the son and has nothing to do with the woman.
What the woman can enjoy is this part of the loan she repaid in the process of repayment. However, in real life, most of the money spent by many women in their own lives is used to buy daily necessities. Most of men's wages are used to pay for car loans and mortgages. In this process, if the man and the woman break up, legally speaking, the house is the man's own and has nothing to do with the woman.
If you want to carve up this property, you must first issue a certificate to prove that you have paid off the loan. If you have enough evidence, you can prove that you helped your husband repay the loan during the marriage process, and even have a bank running certificate. Then under the protection of the law, you can divide the property through this certificate at this time.
Specific examples. However, all you have is the present value of the house you own with this part of the loan repayment. Suppose the house is currently 300,000 yuan, parents pay down100,000 yuan, owe 200,000 yuan, you pay back 50,000 yuan, and your husband pays back150,000 yuan. Ten years later, you divorced your husband, and now the house is worth 500 thousand. Then the cash value you have is: the original 50 thousand yuan+the proportion after appreciation, and the value you have is.
Ten years, except your original 50 thousand yuan, in fact, you can only get back more than 33 thousand. Imagine what 83 thousand can do in ten years? So for many women now, they are unwilling to take on huge loans, but in the end there is nothing.
If the house has been appreciating, the 83,000 you have ten years later may not be able to afford the down payment for a house, because the down payment for a house ten years ago was100,000, so if the house is still rising in price ten years later, the 83,000 may not be able to own such a good house.
Boys and girls are different. Once a girl has passed her best age, it is much more difficult for her to make a comeback than a boy in her forties. At this time, when she enters the society and accepts some new knowledge, she will face far more difficult problems.
And it is very difficult for women to remarry at this time, but this girl is about 40 years old, and her fertility is basically gone, which means she has no other future. At this time, for girls, there is not only no home, but also no good place to go. So many girls are afraid of this situation.
Reason two: the property after marriage has become the property before marriage. The first situation. Based on the above case analysis, the down payment of the house is given by the man's parents. If the husband and wife repay the mortgage after marriage and the loan ratio is the same. Then ten years later, because of the breakdown of marriage, the two separated, and now the house is worth 500 thousand, MINUS the down payment of 6.5438 million, leaving 400 thousand. The 400,000 yuan is divided equally by the husband and wife, with 200,000 yuan for the woman and 200,000 yuan for the man. The total amount of property assets owned by men is 300,000 yuan, and that of women is 200,000 yuan.
If after ten years, 200,000 yuan can pay the down payment for a house, and if a woman divorces at a not-so-good age, then she has enough money to provide herself with a smaller house. At this time, women can ensure their own follow-up.
Then, this part of their repayment after marriage belongs to the marital property of two people, not to the division of property. After all, two people get married for repayment. At this time, the law will think that two people divorced because of the breakdown of husband and wife relationship, not because of real estate economic disputes.
In this case, after two people get a marriage certificate, the repayment and appreciation of the house at this time belong to the joint property of the husband and wife, which is divided into half and half. Both men and women can own the subsequent part of the house.
The second situation. However, if the husband's parents pay the down payment, and the proportion of repayment between men and women is different after marriage, then the down payment will be removed and then divided. Once this is divided, the woman will suffer a lot. Because for women, her proportion is very small, because women are not as high as men in the wage system itself, and many of their wages are spent on trivial matters of life.
Note 1: The name on the property certificate is also important. Some parents, they paid the down payment of the house, but the house only wrote the name of the man's parents, on the grounds that I paid the down payment of the house. At this time, the legal recognition will change, and women will voluntarily help their parents bear the mortgage at home. This volunteer will be a gift. If it is a gift relationship, women have nothing.
Even if the woman has proof of repayment, it can only prove that she helped the man's parents repay the loan. But this repayment certificate does not prove that the woman is not voluntary, because there is no way to sort out the details. Therefore, many times, the woman will be judged to voluntarily help the man's parents repay the loan and bear the loan responsibility of the man's parents.
If you have proof of repayment, through legal channels, you can prove that you lent money to the man's parents at most, then the man's parents need to pay back the money. Think about it. Ten years later, he will pay back the money you paid in front of you. Ten years later, you really have very little. Take the example we gave above as an example. You will have 50 thousand yuan in ten years. What's the use?
Similarly, taking the above example as an example, if the woman helps her parents in this process and pays off the loan, after ten years, the house will be worth 500,000 yuan, and the real estate license does not have her own name, and the husband does not have her own name on this real estate license, then this real estate license becomes a part of the inheritance, and the daughter-in-law is not qualified to inherit the inheritance of her in-laws.
In other words, it is this woman who has worked for ten years and paid off so many loans without a penny. And when the inheritance is divided, she is also the daughter of her husband or in-laws, and there are other children of her in-laws. You have nothing. All you have is the money you paid back the loan to your in-laws. This is your own money.
Let's assume that the woman's age has passed the reproductive period. At this time, women can't continue to marry, they can only take on a lifetime and have no fixed place to live. Not only that, she has to bear the child support, because raising children is the same responsibility of parents, and the mother has no way to escape, which is even more undesirable for a woman.
Note 2: Without a marriage certificate, everything is useless. All the above conditions are based on one requirement, that is, getting a marriage certificate. However, if you are not legally married and your girlfriend pays off this part of the loan for you, it is equivalent to a voluntary act, and you get nothing, then she wastes her time and energy. Not only that, she is just your girlfriend, there is no marriage relationship, and she does not enjoy any legal protection. At this time, if you let her bear this part of the loan, no woman will be willing.
In our previous example, the woman lived in this house for at least ten years, saving ten years' rent. However, if she is just your girlfriend, there is nothing you can do after you break up. She can't get your house, let alone enjoy what it brings. She has to take on such a large loan, and even legally, she doesn't belong to your lawful wife. Therefore, her behavior is more voluntary.
Even if she can prove that she has repaid the loan, none of these certificates can prove the relationship between you. If you can't prove your relationship, it's a voluntary act, a gift you give to strangers.
Therefore, in law, it is easy to identify this repayment behavior of the woman as a gift. When we break up, this gift-giving behavior is over. Unless she has evidence to prove that she wants to marry you, she will repay the loan, but if she has no evidence to prove that this behavior exists for marriage, then all the money she spent is in vain.
If all this is your's oral agreement without any written proof, even in your chat record, then she can't prove it. Then, at this time the woman is equivalent to spending money to support your parents' mortgage.
Nowadays, women have autonomy and are not subject to others. Therefore, it is really inappropriate for you to ask her to repay the loan before you become husband and wife. After becoming husband and wife, the repayment ratio needs to be reasonable.