According to the law, if a husband and wife sign a contract for the sale of real estate before marriage, and pay the down payment with personal property and borrow money from the bank, they will repay the loan with the same property after marriage, and the real estate will be registered in the name of the down payment payer. At the time of divorce, the real estate will be handled by both parties through agreement. In other words, buying a house with a loan before marriage, the part repaid after marriage and the corresponding value-added part belong to the same property. According to Article 1062 of the Civil Code, the following property acquired by husband and wife during the marriage relationship is the common property of husband and wife: (1) salary, bonus and labor remuneration; (2) Income from production, operation and investment; (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 * * *. Husband and wife have equal rights to dispose of the same property.
Legal objectivity:
Article 1064 of the Civil Code (202 1, 1 came into effect) refers to the debts incurred by both husband and wife with the same signature or ratification, and the debts incurred by one party in his own name for the daily needs of the family during the marriage relationship, which belong to the same debt. Debts incurred by one spouse in his own name during the marriage relationship that exceed the needs of family daily life are not joint debts of husband and wife; However, the creditor can prove that the debt is used for the husband and wife's life, production and operation, or based on the same meaning of both husband and wife.