Current location - Loan Platform Complete Network - Loan consultation - 1. Is it personal property before marriage or is it property for a couple to buy an auction house before marriage and get a loan and then get a license to get married?
1. Is it personal property before marriage or is it property for a couple to buy an auction house before marriage and get a loan and then get a license to get married?
1. Is it personal property before marriage or is it property for a couple to buy an auction house before marriage and get a loan and then get a license to get married?

A: According to Article 10 of Interpretation III of Marriage Law, one spouse signs a real estate sales contract before marriage, pays the down payment with personal property and borrows money from the bank, and repays the loan with the same property after marriage. If the real estate is registered in the name of the down payment, the real estate shall be handled by both parties through agreement at the time of divorce.

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.

Therefore, the property belongs to personal property before marriage.

2. How to allocate the value-added house after buying in the case of divorce? Is the proportion of the principal in the loan repaid after obtaining the certificate 50% of the value-added income, or is the other party entitled to the corresponding value-added money only if it has proof of repayment of the loan?

Answer: According to Article 10 of Interpretation III of Marriage Law, since the property is the property of one party before marriage, the money paid by both parties after marriage, together with the repayment of the loan and the corresponding value-added part of the property, is the debt of the property owner.

3. If you buy an auction house before marriage and the married person also buys a house, does it belong to one set or two sets of real estate licenses after obtaining the certificate?

A: Three situations will be identified as "second suite"

1. The borrower applies for using a loan to purchase a house for the first time, and his family has registered one or more complete houses in the house registration information system (including the pre-sale contract registration and filing system) where the house is to be purchased;

2. The borrower has used the loan to purchase more than 1 house (inclusive) and applied for the loan to purchase the house;

3. The lender is convinced that the borrower's family already owns a house (or more) through due diligence in the form of credit record inquiry, face-to-face test and interview (home visit when necessary).

Therefore, if you have already bought a house before, buy a second suite.