1. How to divide the real estate that one party obtained full property rights before marriage?
The property acquired by one party before marriage, regardless of whether all the purchase money has been paid, belongs to the property right house. If the joint property pays part of the purchase price after marriage, the party who obtains the property will compensate the other party when dividing the property at the time of divorce.
2. One party shall pay the full house price before marriage, and then get the title certificate after marriage. Who owns the house after divorce?
Under normal circumstances, if the real estate license is obtained after marriage, the property belongs to the joint property of husband and wife. However, in this case, after one party paid all the house payment before marriage, the transaction has been completed and the contract has been fulfilled. Therefore, even if the real estate license has not been obtained, the property should be considered as the personal property of one party before marriage, and the property belongs to the house purchased at the time of divorce.
Third, one party borrows money to buy a house before marriage, pays the down payment of personal property, and the property right is registered in its own name. After marriage, the husband and wife jointly repay the loan. How to divide the divorced house?
In this case, Judicial Interpretation III clearly stipulates: "One of the husband and wife signs a real estate sales contract before marriage, pays the down payment with personal property and borrows from the bank, and repays the loan with the joint property of the husband and wife after marriage. The property is registered in the name of the house, and the down payment is also in the name of the house. At the time of divorce, the property is handled by mutual agreement. If no agreement can be reached, the court may decide that the house belongs to the party whose property right is registered. The unpaid loan is the personal debt of the party whose property right is registered. When both parties jointly repay the loan after marriage and the corresponding property appreciation, the party with property registration will compensate the other party at the time of divorce. Therefore, the property registered at this time belongs to the registrant, and the registrant compensates the other party for the house price and the appreciation of the house.
Four, before marriage, both parties invested in the purchase, registered the title certificate, how to divide the house when divorced?
In this case, it is the most troublesome and easy to produce injustice that the general public thinks. In this case, if the registered party admits joint investment at the time of divorce, it can be divided according to the joint property of husband and wife; If the registered party does not recognize the other party's contribution, and the unregistered party has no evidence to prove that its contribution or contribution is not a gift, the registered property belongs to the registered party, and only the other party can be compensated when the divorce is divided.
Five, before marriage, one parent invested in buying a house, and the property right was registered in the name of the child. How to divide the divorce property?
If one parent buys a house before marriage and the property right is registered in the children's name, the house belongs to the registered party's personal property before marriage, and the other party has no right to ask for division when the property is divided in divorce.
Six, before marriage, one of the parents contributed, and the property rights were registered in the name of the other party. How to divide the house in divorce?
In this case, it is generally recognized as the joint property of husband and wife. When divorce is divided, the unregistered party may request the division of property.
Seven, before marriage, one parent contributed, and the property rights were registered in the names of both parties. How to divide the divorce property?
There is no doubt that the property belongs to the joint property of husband and wife, and it is divided according to the principle of property division and specific circumstances when divorcing.
How to divide the real estate before marriage is of great significance in real life. No matter who it is distributed to, it will affect a person's life, even his life.
If the property purchased by one parent for their children after marriage is registered in the name of the investor's children, it can be regarded as a gift to only one of their children according to the regulations, and the property should be recognized as the personal property of one spouse.
If the property right of the property purchased by both parents is registered in the name of one child, unless otherwise agreed by the parties, the property can be regarded as shared by both parties according to their respective parents' share of capital contribution.
How to divide the debt of the joint loan between husband and wife after divorce is a complicated problem. First of all, you need to check whether there is a clause in the loan agreement about debt division in case of divorce. If yes, it shall be implemented according to the agreement. If there is no relevant agreement, you can consider the following ways to divide the debt.
One way is to negotiate division, and both husband and wife can reach an agreement through negotiation, such as reasonable distribution according to their repayment ability and the causes of debt.
Another way is to pass a court ruling. If negotiation fails, you can apply to the court for debt division. The court will comprehensively consider the economic situation of both husband and wife, property division and other factors to make a judgment.
In addition, we can also consider transferring the debt responsibility, that is, one party bears all the debts and then takes back the other party's share through legal means.
In any case, it is suggested that both husband and wife consult a professional lawyer before dividing debts to ensure legality and fairness. Financial problems after divorce need to be handled carefully to avoid possible disputes and losses.
How to divide the debt of the joint loan between husband and wife after divorce is a complicated problem. First of all, you need to check whether there is a clause in the loan agreement about debt division in case of divorce. If yes, it shall be implemented according to the agreement. If there is no relevant agreement, you can consider the following ways to divide the debt.
Legal basis:
People's Republic of China (PRC) Civil Code:
Chapter XIX Lien Article 452 The lien holder has the right to collect the fruits of the retained property. The fruits specified in the preceding paragraph shall be used as the expenses for collecting fruits first.