1. If a person invests in buying a house before marriage, obtains the property right of the house before marriage, and the house falls in his own name, and pays off the personal loan or buys the house in full, the house belongs to the individual before marriage, and does not participate in the division of the joint property of husband and wife when divorced;
2. If one party invests in buying a house before marriage and pays off all the loans before marriage, but the house is acquired after marriage, if the house falls under its own name, it will still be regarded as the property of the husband and wife, and the other party has no right to ask for division;
3. Before marriage, one person invested in buying a house, paid the down payment of the house before marriage, and borrowed from the bank. If the house falls under one's own name and is repaid with the joint property of husband and wife after marriage, the house will be recognized as personal property in judicial practice, and the amount paid by the husband and wife to repay the loan together and the corresponding property appreciation part of the house will be shared equally by both parties; The outstanding loan is the personal debt of the party whose property right is registered;
4. before marriage, one person invested in buying a house, and the house fell under the name of the other party. Usually, if the investor does not have the conditions to buy a house, the house will be purchased in the name of the other party and will be treated as joint ownership. If there are no special circumstances, it will be regarded as a gift for the purpose of marriage and treated as the personal property of the registrant;
5. If one person invests in buying a house before marriage and the house falls under the names of both parties, it shall be regarded as the joint property of husband and wife; Divorce is divided equally regardless of capital contribution.
Is it necessary for both parties to sign a loan before marriage to buy a house and sell a house after marriage?
Unless otherwise agreed, the house bought before marriage is sold after marriage without the signature of husband and wife. According to the relevant laws and regulations, the house purchased by one party before marriage belongs to that party's personal property, and the personal property of one spouse will not be converted into the joint property of the husband and wife because of the continuation of the marriage relationship, and the owner can dispose of it by himself, but otherwise agreed by both parties, it will be handled according to the agreement.
To sum up, the house after marriage belongs to the names of both parties, which can be regarded as the common property of husband and wife, and the others are regarded as personal property before marriage.
Legal basis:
Article 1062 of the Civil Code of People's Republic of China (PRC)
The following property acquired by husband and wife during the marriage relationship is the joint property of husband and wife, which is jointly owned by husband and wife:
(1) Wages, bonuses and remuneration for labor services;
(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;
(5) Other property that should be jointly owned.
Husband and wife have equal rights to dispose of common property.
Article 1063
The following property is the personal property of one of the spouses:
(1) one party's premarital property;
(2) Compensation or compensation obtained by one party for personal injury;
(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.