If no agreement can be reached in accordance with the provisions of the preceding paragraph, the people's court may decide that the real estate belongs to the party with registered property rights, and the unpaid loan is the personal debt of the party with registered property rights. 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. After divorce, first make it clear that the property rights, whether the name of one party or the names of both parties, are 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 paid off all the house payment before marriage and obtained the real estate license, and the house was divided when divorced.
According to the Supreme People's Court's "Judicial Interpretation of Marriage Law (II)", 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 spouse buys a house with a mortgage loan before marriage and obtains a real estate license. After marriage, both husband and wife pay back the same house. After the divorce, although the house was purchased by one party before marriage, the value-added part of the house after marriage and the part jointly repaid by the husband and wife should be 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.