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How to divide the man's pre-marital loan to buy a house after divorce
How to distribute the husband's pre-marital mortgage property after divorce

If the man is married to mortgage to buy a house, the distribution at the time of divorce is as follows:

1. The husband and wife can reach an agreement on the house, and the husband and wife will handle the house through consultation;

2. If the husband and wife fail to negotiate, the house shall be registered in the name of one party, and the house shall be owned by the registered party. The outstanding mortgage belongs to the personal debt of the registered party, and then the other party is compensated according to law.

I. Divorce property is divided as follows:

1, the principle of negotiation between the two parties. The division of husband and wife's property at the time of divorce should be carried out under the principle of consensus between the two parties and cannot be decided by one party;

2. The principle of equality between men and women. We should not discriminate against women, nor should we think that if women earn less, they should get less points. Women's rights should be respected and protected in divorce and division of husband and wife's property.

3, take care of the rights and interests of children and women, the principle of no-fault party;

4. The principle of compensation. If one party does more obligations for raising children, caring for the elderly and assisting the other party in work, it has the right to demand compensation from the other party at the time of divorce, and the other party shall pay compensation.

2. The conditions for applying for divorce are as follows:

1. Both parties to the divorce registration must be legally married couples registered in Chinese mainland;

2. Both parties must divorce voluntarily;

3. Both parties must have full capacity for civil conduct;

4. The two sides reached consensus on matters such as child support, property and debts;

5. The accounts of one party or both parties are permanent accounts within their respective jurisdictions;

6. Both parties applying for divorce registration must apply for divorce registration at the marriage registration office where one party's permanent residence is located at the same time, and may not entrust others to act as agents.

People's Republic of China (PRC) Civil Code

Article 1087 At the time of divorce, the property of husband and wife shall be handled by mutual agreement; If the agreement fails, the people's court shall make a judgment according to the specific circumstances of the property and the principle of taking care of the rights and interests of the children, the woman and the innocent party.

The rights and interests enjoyed by husband and wife in the contracted management of family land are protected according to law.

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How to distribute the divorce of the house bought by the man with a pre-marital loan?

Pay the down payment with personal property and borrow money from the bank. After marriage, repay the loan with the joint property of husband and wife. If the property is registered in the name of the down payment payer, the property will be handled by both parties through agreement at the time of divorce.

If one party buys a house with a personal asset loan before marriage and has obtained a real estate license, even if both parties repay the loan after marriage, it still belongs to personal property, and the other party has no right to divide it at the time of divorce, but if the spouse participates in the repayment of the loan, he can ask the other party to return the paid part. Here, whether one party repays the loan with personal salary or both parties' salary, it should be regarded as * * * joint repayment. For the appreciation of the house, the spouse who participates in the loan repayment can also ask for compensation.

According to the law, before the couple get married, if their parents contribute money to buy a house for both parties, the contribution should be regarded as a personal gift to their children, unless the parents explicitly express that it is a gift to both parties. Parents contribute to buying a house before marriage, and repaying the loan after marriage does not affect the ownership of the house. At this time, when the divorced mortgaged house is divided, it does not participate in the division, but only belongs to one party.

Mortgage to buy a house before marriage, how to distribute the divorce?

For mortgage to buy a house before marriage, the distribution after divorce is as follows: 1. If one party invests in the purchase before marriage and repays the loan after marriage, it is deemed as the personal property of the husband and wife and is inseparable at the time of divorce; 2. The contribution made by both husband and wife before marriage and the repayment by one party after marriage shall be regarded as the joint property of husband and wife, but the repayment after marriage shall be regarded as the property of husband and wife; 3. If both parties contribute to buying a house and both parties pay their debts, the owner of the house awarded after the divorce will compensate the other party.

A, the man mortgage to buy a house before marriage, how to distribute at the time of divorce?

1, mortgage to buy a house before marriage, and the distribution after divorce is as follows:

(1) If one party invests and purchases before marriage and repays the loan after marriage, it will be deemed as the personal property of the husband and wife and will be inseparable at the time of divorce;

(2) If both husband and wife contribute to the purchase before marriage and one of them repays the loan after marriage, it shall be regarded as the joint property of husband and wife, but the part repaid after marriage shall be regarded as the property of husband and wife;

(3) If both parties contribute to the purchase and both parties jointly pay off the debts, the house owner awarded after the divorce will compensate the other party.

2. Legal basis: Article 1076 of the Civil Code of People's Republic of China (PRC).

If the husband and wife voluntarily divorce, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office.

The divorce agreement shall specify the expression of willingness of both parties to divorce and the consensus on matters such as child support, property and debt disposal.

Article 1079

If one of the spouses requests a divorce, the relevant organization may mediate or directly file a divorce lawsuit with the people.

The people's court shall mediate in the trial of divorce cases; 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 has ruled that divorce is not allowed, the two parties have been separated for one year, and if one party files a divorce lawsuit again, it shall be allowed to divorce.

Second, what is the procedure of mortgage purchase?

The procedures for mortgage purchase are as follows:

1, go to your favorite real estate to see the actual situation;

2. After determining the house to be purchased, you can sign a subscription contract;

3. Sign the house purchase contract and pay the down payment according to the agreed time limit;

4. Sign a mortgage loan contract with the bank;

5. Apply for mortgage registration.