1, buy a house before marriage and pay the mortgage after marriage. If a couple buys a house before marriage and pays off part of the mortgage after marriage, the property right of the house belongs to the buyer before marriage, but the repayment part after marriage and the appreciation part of the repayment part after marriage can be required to divide the wealth as a husband and wife.
2. If you buy a house after marriage, you have to pay the mortgage. In this case, as husband and wife, the house is divided into wealth. Generally, whoever owns this property will return the bank mortgage loan, but in the court's judgment, the interest on the mortgage loan is not calculated, although interest will actually occur.
3. Apply for a mortgage in the name of one party after marriage. The property purchased by a man and a woman in the names of both parties after marriage is mortgaged in the name of one party, and the loan is repaid by one party, which should also be recognized as the joint property of husband and wife. As long as the house acquired during the existence of husband and wife, if there is no special agreement, whether it is registered in the names of both parties or one party, it belongs to the joint property of husband and wife.
4. Buy a house with personal wealth before marriage. In this case, the house is still treated as the same property as the husband and wife, but the amount of personal property before buying the house must be deducted before disposal.
Divorce materials:
1. application for divorce: the party applying for divorce should fill in and sign it, and the application should include the reasons for divorce, divorce methods, child support and other related matters;
2. Marriage certificate: provide the original or photocopy of the marriage certificate to prove the marital relationship between husband and wife;
3. ID card: provide the original or photocopy of the ID card of the divorced parties;
4. Household registration book: provide the original or photocopy of the household registration book to prove the household registration of the divorced parties;
5. Property certificate: provide property certificates of both husband and wife, such as real estate license and vehicle license plate;
6. Child support agreement: If you have children, you need to provide a child support agreement, which should include the agreement on the custody of children and the attribution of support expenses;
7. Other supporting materials: such as divorce agreement, conciliation statement, court verdict, etc.
To sum up, the divorce appointment process may be different in different regions and departments.
Legal basis:
Article 1079 of the Civil Code of People's Republic of China (PRC)
If one of the spouses requests a divorce, the relevant organizations may mediate or directly file a divorce lawsuit with the people's court.
When trying divorce cases, the people's court shall conduct mediation; If the relationship has indeed broken down and mediation is ineffective, divorce should be granted.
In any of the following circumstances, if mediation fails, divorce shall be granted:
(a) bigamy or cohabitation with others;
(2) committing domestic violence or abusing or abandoning family members;
(three) gambling, drug abuse and other bad habits;
(four) separated for two years due to emotional discord;
(5) Other circumstances that lead to the breakdown of the marriage relationship.
If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted.
After the people's court ruled that divorce is not allowed, if the two parties have separated for one year and one party files a divorce lawsuit again, divorce shall be granted.