1. Does the man's pre-marital loan to buy a house belong to the same property?

1. Whether the man buys a house with a pre-marital loan belongs to the same property depends on the situation:

(1) The property purchased in full before marriage belongs to one party's personal property;

(2) If the property purchased before marriage needs to be repaid after marriage, if the name of the other party is added later, it will be owned by the husband and wife.

(3) If only one party's name is registered, the down payment for buying a house before marriage, etc. , belonging to one party's personal property, after marriage, * * * is regarded as the joint property of husband and wife.

2. Legal basis: Article 1063 of the Civil Code of People's Republic of China (PRC).

The following property belongs to one of the spouses

(1) one party's premarital property;

(2) one party suffers

(3) Property that is determined to belong to only one party in the will or gift contract;

(4) Daily necessities used exclusively by one party;

(five) other property that should be owned by one party.

Article 1064

Debts incurred by both husband and wife with the same signature or ratified by one of them afterwards, as well as debts incurred by one of the husband and wife in his own name for the daily needs of the family during the marriage relationship, shall be owned by both husband and wife.

Debts related to the daily life of a husband and wife do not belong to both husband and wife, except that the debts are used for the life of the husband and wife, the production and operation of the husband and wife, or are the same based on the meaning of both husband and wife.

Second, what are the conditions for buying a house with a loan?

The conditions for buying a house by loan are as follows:

1, and the buyer is between 18-60 years old;

2. Have the ability to repay the loan principal and interest on schedule;

3. A legal and effective purchase contract;

4. The assets recognized by the lending bank are mortgaged or pledged.

Second, can you buy a house and repay the loan before marriage?

1. According to Article 10 of Judicial Interpretation III of Marriage Law, one spouse signs a real estate sales contract before marriage, pays the down payment with personal property and borrows money from the bank, and repays the loan with the same property after marriage. If the real estate is registered in the name of the down payment, 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 value-added part of the real estate shall be compensated to the other party by the party handling the property right registration according to the principle stipulated in the first paragraph of Article 39 of the Marriage Law.

Two, the provisions of the new marriage law on the ownership of property after marriage:

1. After marriage, both husband and wife contribute (including loans) to acquire the property rights of the house, and the house will be divided after divorce.

First of all, it is clear that the real right, whether the name of one party or the names of both parties, is the same property. Secondly, it is clear that the output value, that is, the value of the house, is calculated according to the market price, not according to the original purchase contract amount. Third, distinguish the equity part from the debt part. If loans are involved, the loan part should be deleted first. That is to say, the party that obtains the house pays half of the house value to the party that does not obtain the house, and the party that obtains the house pays the remaining principal and interest separately.

2. One of the husband and wife pays off all the house payment before marriage and obtains the real estate license, and the house is divided at the time of divorce.

According to the provisions of the Supreme People's Judicial Interpretation (II) of the Marriage Law, the house belongs to premarital property because one of the husband and wife paid off all the house price and obtained the real estate license before marriage. Therefore, when divorcing, the other party has no right to ask for division.

3. One of the husband and wife bought a house through mortgage loan before marriage and obtained the real estate license. After marriage, the husband and wife jointly repay the loan, and the house is divided after divorce.

Although the house is purchased by one party before marriage, the value-added part and the repayment part of the house after marriage are regarded as the same property, unless otherwise agreed by the husband and wife. It should be noted that the repayment part of * * *, whether it is repaid by one party's personal salary or by the wages of both parties, should be recognized as the property of husband and wife. Of course, if one party can really prove that its repayment funds come from personal premarital property, then this part should not be recognized as marital property.

4. If one of the husband and wife paid part of the house price before marriage, but obtained the real estate license after marriage, both parties will repay after marriage, and the house will be divided after divorce.

Although the real estate license is a title certificate and a legal document to prove the ownership relationship of the house, it does not mean that the house that obtains the real estate license after marriage should be the property after marriage, or the source of property should be subdivided into two parts: pre-marriage and post-marriage.

5. One spouse pays part of the house payment before marriage and repays the loan after marriage, or one spouse repays the loan with personal property, but the house appreciates. At the time of divorce, the house did not have a real estate license.

According to the provisions of the Supreme People's Judicial Interpretation (II) of the Marriage Law, in the event of divorce, if both parties have disputes over the houses that have not yet obtained ownership or have not yet fully obtained ownership, and cannot negotiate, it is not appropriate for the people to judge the ownership of the houses, but should be used by the parties according to the actual situation. After obtaining the property right certificate, either party shall submit it separately. In addition, the First People's Court of the Supreme People's Court clearly explained that it is not appropriate to judge the ownership of houses, including: (1) buying welfare policy houses; (two) the purchase of commercial housing; (3) Purchase affordable housing. If you buy the above three houses and have not obtained the real estate license at the time of divorce, it is not appropriate to directly determine the ownership of the house.

3. Can I borrow money to buy a house before marriage?

Legal analysis: both husband and wife use the same loan to buy a house before marriage, which belongs to the same property. For details, please refer to "Several Opinions on People's Courts Hearing Cases of Living Together in the Name of Husband and Wife without Marriage Registration". When the illegal cohabitation relationship is dissolved, the income and property obtained by both parties during cohabitation shall be treated as ordinary property.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 1063 Any of the following circumstances shall be the property of one of the spouses:

(1) one party's premarital property;

(2) Medical expenses, living allowance for the disabled, etc. Obtained by one party due to physical injury;

(3) Property determined to belong only to the husband or wife in the will or gift contract;

(4) Daily necessities used exclusively by one party;

(five) other property that should be owned by one party.

Article 1062 The following property acquired by husband and wife during the marriage relationship shall be jointly owned by husband and wife:

(1) Wages and bonuses;

(2) Income from production and operation;

(3) Income from intellectual property rights;

(4) Inherited or donated property, except as provided for in Item 3 of Article 1063 of this Law;

(five) other property that should be owned by * * *.