The first reason: the changes in the new Civil Code have stopped many people. According to the provisions of the new civil code, if parents pay the down payment, it is a wedding gift from parents to their son, that is, to their son alone. This part of the money is equivalent to the son's pre-marital property, and the son enjoys it alone, which has nothing to do with the woman.
What the woman can enjoy is this part of the loan she repaid during the repayment process. However, in real life, many women spend this part of their money in their own lives to buy daily necessities. Most of men's wages are used to pay for car loans and mortgages. In this process, if the man and the woman break up, legally speaking, the house is the man's own and has nothing to do with the woman.
If you want to divide up this property, you must first issue a certificate to prove that you have repaid the loan. If you have enough evidence, you can prove that you helped your husband repay the loan in the process of getting married, and even have the running water certificate from the bank. Then, under the protection of the law, you can divide the property through this certificate at this time.
Specific examples. However, all you have is the present value of the house you own with this loan. Suppose the house is currently 300,000 yuan, parents have paid a down payment of100,000 yuan, 200,000 yuan is owed, you have paid back 50,000 yuan, and your husband has paid back150,000 yuan. Ten years later, you and your husband divorced, and now the house is worth 500 thousand yuan. Then the cash value you have is: the original 50 thousand yuan+the proportion after appreciation, and the value you have is.
Ten years later, except for your original 50 thousand yuan, you can only get back more than 33 thousand yuan. Imagine what you can do with 83,000 yuan in ten years. Therefore, for many women nowadays, they are unwilling to take on huge loans, but in the end they have nothing.
If the house has been appreciating, the 83,000 yuan you have may not be able to pay the down payment of the house ten years later, because the down payment of the house ten years ago required100,000 yuan, so if the house still rises in price ten years later, then the 83,000 yuan may not be able to own such a good house.
Boys and girls are different. Once a girl is past her best age, it is more difficult for her to make a comeback than a boy in her forties. At this time, when she enters the society and accepts some new knowledge, she will face far more difficult problems.
Moreover, it is very difficult for a woman to remarry at this time, but this girl is about 40 years old, and her fertility is basically gone, which means she has no other future. At this time, for girls, there is not only no home, but also no good place to go. Therefore, many girls are more afraid of this situation.
Reason two: the property after marriage has become the property before marriage. The first situation. Based on the above case analysis, the down payment of the house is given by the man's parents. If the husband and wife jointly repay the mortgage after marriage and the loan ratio is the same. Then, ten years later, because of the breakdown of marriage, the two separated, and now the house is worth 500,000 yuan, MINUS the down payment of 6,543,800 yuan, leaving 400,000 yuan. This 400,000 yuan will be shared equally by the husband and wife, with 200,000 yuan for the woman and 200,000 yuan for the man. The total amount of property assets owned by men is 300,000 yuan, and that of women is 200,000 yuan.
If after ten years, 200,000 yuan can pay the down payment of the house, and if a woman divorces at a bad age, then she has enough money to provide herself with a smaller house. At this time, women can guarantee their follow-up.
Then, this part of their repayment after marriage belongs to the joint property of the husband and wife of two people, not to the divided property. After all, the two people jointly repay the loan for the purpose of getting married. At this time, the law will think that the divorce is due to the breakdown of husband and wife's feelings, not because of real estate economic disputes.
In this case, after the two people got the marriage certificate, the repayment part and all appreciation parts of the house belong to the joint property of the husband and wife, and each part is divided into half. Both men and women can own the subsequent part of the house.
The second situation. However, if the husband's parents pay the down payment, and the ratio of repayment of the loan is different between men and women after marriage, then they will remove the down payment and divide it again. Once divided in this way, the woman will suffer a lot. Because for women, her proportion is very small, because women's position in the wage system itself is not as high as that of men, and many women's wages are spent on the triviality of life.
Note 1: The name on the property certificate is also important. Some parents, they paid the down payment on the house, but the house only wrote the name of the man's parents on the grounds that I paid the down payment on the house. At this time, the legal recognition will change, and women will voluntarily help their parents to bear the mortgage at home. This volunteer will be a gift. If it is a gift relationship, women will have nothing.
Even if the woman has proof of repayment, it can only prove that she helped the man's parents repay the loan. However, this repayment certificate cannot prove that the woman is not voluntary, because there is no way to sort out the details. Therefore, in many cases, it will be judged that the woman voluntarily helps the man's parents to repay the loan and assumes the loan responsibility of the man's parents.
If you have proof of repayment of the loan, you can prove that you lent the money to the man's parents at most through legal channels, so the man's parents need to pay back the money. Think about it. Ten years later, he will pay you back the money you paid in front of you. Ten years later, you really have very little. Take the example we quoted above as an example. You will have 50 thousand yuan in ten years. What's the use?
Similarly, taking the above example as an example, if a woman helps her parents in this process and pays off the loan, after ten years, the house will be worth 500,000 yuan, but the real estate license does not have her own name, and the husband does not have her own name on this real estate license, then this real estate license will become part of the inheritance, and the daughter-in-law is not qualified to inherit the inheritance of her in-laws.
In other words, it is this woman who has worked for ten years and paid off so many loans without a penny. Moreover, when dividing the inheritance, she is also the daughter of her husband or in-laws, and other children of her in-laws, and you have nothing. All your money is the money you pay off the loan for your in-laws. This is your own money.
Let's assume that the woman's age has passed the reproductive period. At this time, women can't continue to get married, they can only take on all their lives and have no fixed place to live. Not only that, she must also bear the child support, because raising children is the common responsibility of parents, and the mother can't escape, which is even more undesirable for a woman.
Note 2: Without a marriage certificate, everything is in vain. All the above conditions are based on one requirement, that is, getting a marriage certificate. However, if you are not legally married and your girlfriend pays off this part of the loan for you, which is equivalent to a voluntary act, and you get nothing, then she wastes her time and energy. Not only that, she is just your girlfriend, there is no marriage relationship, and she does not enjoy any legal protection. At this time, if you let her bear this part of the loan, no woman will be willing.
In our previous example, this woman has lived in this house for at least ten years, saving ten years' rent. However, if she is just your girlfriend, after you break up, you have nothing to do. She can't get your house, let alone enjoy what it brings. She has to undertake such a large loan, even if it is legally recognized, she does not belong to your lawful wife. Therefore, her behavior is more voluntary.
Even if she can prove that she has repaid the loan, none of these certificates can prove the relationship between you. If you can't prove your relationship, it's a voluntary act and a gift you give to strangers.
Therefore, in law, it is easy to identify this repayment behavior of the woman as a gift. When you break up, this gift-giving behavior ends. Unless she has evidence to prove that she wants to marry you, she will repay the loan, but if she has no evidence to prove that this behavior exists for marriage, then all the money she spent is in vain.
If all this is your oral agreement and there is no written proof, even in your chat records, then she can't prove it. Then, at this time the woman is equivalent to spending money to support your parents' mortgage.
Nowadays, women have autonomy and they are not at the mercy of others. Therefore, it is really inappropriate for you to ask her to repay the loan before becoming husband and wife. After becoming husband and wife, the repayment ratio needs to be reasonable.