Generally, only the down payment and the repayment before marriage can be regarded as personal property, because the property acquired by both parties after marriage is the same property, and the repayment after marriage is paid with the same property, and the repayment after marriage is regarded as the same property, but the property has other special plans.

Is buying a house after marriage the common property of husband and wife?

Articles 17, 18 and 19 of China's new marriage law clearly stipulate that the same property includes wages, bonuses, income from business activities and intellectual property rights. Personal property includes premarital property owned by one party, medical expenses obtained due to physical injury of one party, living allowance for the disabled, and property designated by one party in the will or gift contract. The definition of marital property and personal property is more clear. Among them, the biggest breakthrough of the new marriage law is to stipulate the principle of "agreement priority" and encourage couples to make property agreements. In this way, the division of marital property will be clear at a glance.

The property jointly owned by husband and wife refers to the property acquired by both husband and wife or one of them during the marriage relationship. Unless otherwise provided by law or agreed by husband and wife, it belongs to husband and wife and is jointly owned by husband and wife. Have equal rights to possess, use, benefit and dispose of.

Judgment of the house in various situations in marriage.

1. If the purchase contract is signed before the marriage registration and the house price has been paid in full, the property is an individual's pre-marital property and cannot be divided into the joint property of husband and wife at the time of divorce.

2. If only a contract is signed before marriage registration, and the full amount is paid after marriage or the down payment is paid by a loan after marriage, the property belongs to the husband and wife, and can be divided as husband and wife when divorced.

3. Pay down payment before marriage registration, and apply for loan payment for the rest. If one party's name is listed on the property ownership certificate, the property itself is an individual's premarital property. However, the part repaid after obtaining the certificate belongs to the joint property of the husband and wife, and the property can be divided when divorcing.

4. Pay the down payment before marriage registration, and pay the rest of the loan. If the real estate license says that one spouse and one parent belong to the other family, the mortgage payment depends on the specific loan contract. If the lender is only one of the husband and wife, and one of the parents does not participate in the loan repayment as a lender (documents such as bank repayment vouchers are required), the part of the loan repayment after marriage registration belongs to both husband and wife.

5. After obtaining the certificate, no matter whether the contract is signed unilaterally or by both parties, no matter whether one person or two people are written on the real estate license, it belongs to the same property of husband and wife. You can ask for the division of property in a divorce.

6. After obtaining the certificate, one party and its family jointly purchase a house. If there is a name of one party and its parents on the real estate license, the share of the real estate under the name of one party belongs to both husband and wife. During the divorce, both parties can negotiate on the share of real estate. If the negotiation fails, then file a case to divide the property.