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.
In case of divorce, one party to the property right registration shall compensate the other party in accordance with the principle stipulated in the first paragraph of Article 39 of the Marriage Law.
According to this regulation, first of all, the two sides reached an agreement. If the agreement fails, the court decides that the property belongs to the party that registered the property right; However, if the repayment after marriage belongs to the joint property of husband and wife, the money belongs to the husband and wife.
At the time of divorce, the money paid by both parties to repay the loan after marriage and the corresponding part of property appreciation shall be compensated by the party handling the property right registration in accordance with the provisions of Article 39 of the Marriage Law and the principle of taking care of the interests of the wife and children.
Extended data:
If the premarital property is notarized, it is clear that the premarital property belongs to both parties. Interpretation III of Marriage Law also stipulates that the property purchased by one parent for their children before marriage is equivalent to the name of one of your children. If it is not clearly stated that it is for both husband and wife, it should be considered as a gift for children. Even if divorced, it belongs to one party's personal property, not to the joint property of husband and wife.
According to the provisions of Interpretation III of Marriage Law, if the property right of the property purchased by one parent for their children after marriage is registered in the name of the investor's children, it can be considered as a gift to only one of their children according to the provisions of Item 3 of Article 18 of Marriage Law, and the property should be considered as the personal property of the husband and wife.
Article 17 of the revised Marriage Law stipulates that the following property acquired by husband and wife during the marriage relationship shall be jointly owned by husband and wife:
1, salary and bonus.
2. Income from production and operation.
3. Intellectual property income.
4. Property acquired through inheritance or gift, except as provided for in Item 3 of Article 18 of this Law.
5. Other properties that should be shared.
References:
Baidu Encyclopedia-Judicial Interpretation of Marriage Law III