First, the relevant provisions of the pre-marital housing provident fund loan, if the loan is paid off after divorce:
Article 10 If a husband and wife sign a real estate sales contract before marriage, pay the down payment with personal property and borrow money from the bank, and repay the loan with the same property after marriage, and the real estate is registered in the name of the down payment payer, 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 may decide that the real estate belongs to the party whose property right is registered, and the unpaid loan is the personal debt of the party whose property right is registered. After marriage, the amount paid by both parties to repay the loan and the corresponding property appreciation part shall be executed by one party to the other according to the principle of marriage.
Two, a party to buy a house before marriage, and pay all the money, belonging to a party before marriage property.
Marriage is the property of one spouse. The Supreme People's Court's "Judicial Interpretation of Marriage Law (I)" also stipulates that if the ownership of one spouse continues and all the money is converted into husband and wife, the real estate license has been obtained.
Houses purchased by one party with personal property after marriage belong to one party's property.
Houses (including loans) should belong to the joint property of husband and wife, and are generally divided equally when divorced. For the divided mortgaged property, because there is still the problem of continuing to repay the bank loan, one of them obtains the property, continues to repay the loan principal and interest to the bank, and pays the other party at the same time.
4. If the down payment and repayment before marriage are owned by one person, the house belongs to this person's personal property, and the repayment after marriage can be regarded as the joint property of husband and wife, with half for husband and wife.
Second, how to divide the pre-marital provident fund loan to buy a house and divorce?
Divorce property division method:
1. Husband and wife have the same property and should generally share it equally. In other words, the husband and wife share property and share it equally in principle; According to the actual needs of production and life and the source of property, the specific treatment methods can also be different. Articles belonging to individuals are generally owned by individuals.
2. The * * * property managed and used by husband and wife in the two places shall be owned by the manager and the user respectively when divided; For the difference, the party with more property shall compensate the other party with property equivalent to the difference.
3. If the registered marriage has not yet lived together, and the bride price is paid according to the custom, or if the payment before marriage leads to difficulties for the payer, you can ask the other party to return the bride price at the time of divorce.
4. If one party cooperates with others with the common property of husband and wife, the occupied property can be owned by one party, and the party sharing the occupied property shall compensate the other party for half of the value of the occupied property.
5. If the breeding industry operated by both husband and wife in that year has no income, it should be reasonably divided or discounted considering that it is conducive to the development of production and operation.
6. Both parties have repaired, renovated, demolished and built a house owned by one party before marriage, and the property rights have not changed at the time of divorce. The diffused part shall belong to the other party's share, and the owner of the house shall compensate the other party at a discount.
7. Property acquired through marriage, such as a short marriage time, or the other party's life is difficult because of asking for property. Can be returned as appropriate. If it is difficult to determine the nature of the acquired property, it can be treated as a gift. Houses shared by husband and wife that are not suitable for split use should be allocated to one party according to the housing situation of both parties and the principle of taking care of raising children or the innocent party. The party who gets the house should compensate the other party for half the value of the house. Take care of the woman under the same conditions for both parties.
8. If one party's intellectual property rights have not achieved economic benefits at the time of divorce, the other party should be properly taken care of according to the specific circumstances when dividing the husband and wife's property.
9. Personal property before marriage is naturally damaged, consumed or lost in married life. If one party requests the husband and wife to compensate with the same property during divorce, it will not be supported.
Summary: The property right of the house before marriage belongs to the individual, the repayment after marriage belongs to the same property, and the provident fund and the value-added part are also regarded as the same property. The owner of the house shall negotiate to compensate the other party.
Third, with the woman's provident fund loan to buy a house, the down payment is the man's. How to divide it after divorce?
If one party borrows money to buy a house before marriage, the property is registered in the lender's name, and after marriage, * * * will undertake repayment behavior. Although the real estate has repayment behavior during the marriage relationship, it still does not affect who was the main lender at the beginning. In other words, the property belongs only to pre-marital buyers. For the behavior that the husband and wife jointly repay the loan, the house to which the real estate belongs at the time of divorce should compensate the expenses during the repayment period. How to divide the provident fund loan to buy a house and divorce? If one party borrows money to buy a house before marriage and the property is registered in the name of the lender, the repayment behavior after marriage shall be borne by * *. The Civil Code (202 1 to 1 implementation) has played a role in reducing the contradiction of regulations. After all, there are not a few divorce lawsuits because of real estate. There are several kinds of loans to buy a house: one is to buy a house with a personal loan before marriage, and the husband and wife repay the loan after marriage; Before marriage, parents invested in buying a house and registered it in the name of one of their children. After marriage, the husband and wife jointly repaid the loan; Before marriage, both parties jointly contribute and declare that they belong to the same property, and after marriage, they jointly bear the mortgage. The following is a detailed explanation of the differences between these three situations: First, if one party borrows money to buy a house before marriage and the property is registered in the name of the lender, it is the same as the repayment behavior after marriage. Although the real estate has repayment behavior during the marriage relationship, it still does not affect who was the main lender at the beginning. In other words, the property belongs only to pre-marital buyers. For the behavior of repayment by husband and wife in marriage, the house to which the real estate belongs at the time of divorce should compensate for the expenses during the repayment period, and the value-added income should also be appropriately compensated when the house increases in value. Second, the property right house registered in the name of the contributing parents' children is only under the name of the contributing parents' children. Although the young couple also repay the loan after marriage, like the first article, the property owner should compensate the woman for the repayment amount and the value-added income of the property during the marriage relationship. Finally, before marriage, * * * used loans and real estate to buy a house in the name of * * *. This is marriage and property, which should be divided fairly and fairly, and how to deal with it through consultation. If negotiation fails, in case of dispute, under the condition of equality between men and women, one party is equal to the other. Legal basis: Article 1087 of the Civil Code, in case of divorce, the joint property of husband and wife shall be handled by mutual agreement; If the agreement fails, the people's court shall make a judgment according to the specific circumstances of the property and the principle of taking care of the rights and interests of the children, the woman and the innocent party. The rights and interests enjoyed by husband and wife in the contracted management of family land are protected according to law.
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