Legal analysis: Unpaid property, distribution during divorce: First, before marriage, the husband's house must be the personal property of the husband and wife before marriage, and the debt is unpaid. Second, the mortgage loan to repay the house after marriage is paid by both parties, and the public amount is divided.
Legal basis: Article 1087 of the Civil Code of People's Republic of China (PRC). At the time of divorce, the joint 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.
Second, after the divorce between the main lender and the sub-lender, will it affect the mortgage of the sub-lender?
Have an impact. After the divorce between the main lender and the sub-lender, if the main lender fails to repay the bank loan on time, the bank will first recover from the main lender and then recover from the sub-lender according to the size of the responsibility, and blacklist its credit information after the deadline. If they refuse to repay, the bank will auction the house.
It is suggested that you can take the divorce papers to the notary office for notarization, divide the divorce property and repay the money on time.
Third, how to allocate the house for divorce loans
The allocation of divorce loan houses depends on the specific situation. The real estate is purchased by one party with a down payment before marriage, and both parties pay the mortgage after marriage. If the property right is registered in the name of one party, the real estate will be owned by the buyer at the time of divorce, and the other part will be compensated. If the property is purchased by both parties with the same loan after marriage, the property belongs to both parties and is generally distributed equally in the event of divorce. Both parties can also negotiate. If negotiation fails, a judgment will be made. Legal analysis On the premise of determining the property right of the house, the ownership of the house is very clear, but the mortgage commitment is divided into three situations, and the mortgage treatment methods are different in different situations: 1, and the property right of the house belongs to both parties. In this case, the mortgage belongs to both husband and wife and needs to be shared by both parties. The property right of the house belongs to both parties, including * * before marriage, * * after marriage and one party after marriage. In these three cases, the property right of the house belongs to both parties, and the mortgage is also borne by both parties. After the divorce, no matter who owns the house, this debt needs to be shared by both husband and wife. 2. The property right of the house belongs to one party. In this case, the mortgage is the personal debt of the owner of the house and is repaid by the individual. Before marriage, one party contributes to the purchase of a house, and the property right of the house belongs to the contributor. After the divorce, if the property right of the house is not increased, the house and the unpaid mortgage shall be owned by the owner. 3. The property right of the house is changed from the ownership of one party to the ownership of both husband and wife. In this case, after the divorce, the house belongs to one of the two parties, and the mortgage is compensated to the other party by the party who obtained the house according to the actual situation. This kind of buying a house before marriage and adding a name after marriage is more common. This situation can be regarded as a voluntary gift, and the property right of the house has also become the joint property of husband and wife. After divorce, it is generally the husband and wife who agree to divide property and house ownership. If it can't be solved, it will be judged according to the contribution of both husband and wife to the house. The party who got the house paid off the remaining mortgage, and at the same time compensated the other party for the loss, mainly the money loss of repaying the loan after marriage. According to Article 1062 of the Civil Code of People's Republic of China (PRC), the following property acquired by husband and wife during the marriage relationship is the joint property of husband and wife: (1) salary, bonus and labor remuneration; (2) Income from production, operation and investment; (3) Income from intellectual property rights; (4) Inherited or donated property, except as provided for in Item 3 of Article 1063 of this Law; (five) other property that should be owned by * * *. Husband and wife have equal rights to dispose of the same property. Article 1063 The following property is the personal property of one spouse: (1) the property of one spouse before marriage; (2) Compensation or compensation obtained by one party for personal injury; (3) Property that is determined to belong to only one party in the will or gift contract; (4) Daily necessities used exclusively by one party; (five) other property that should be owned by one party.
Four, after the divorce, how to divide the house bought by both husband and wife?
1. How to divide the real estate that one party obtained full property rights before marriage?
The property acquired by one party before marriage, regardless of whether all the purchase money has been paid, belongs to the property right house. If part of the purchase price is paid by real estate after marriage, when the real estate is divided by divorce, the party who obtains the real estate will compensate the other party.
2. One party shall pay the full house price before marriage, and then get the real estate license after marriage. Who owns the house after the divorce?
Under normal circumstances, if the real estate license is obtained after marriage, the property belongs to the husband and wife. However, in this case, after one party paid off all the house payment before marriage, the transaction has been completed and the contract has been fulfilled. Therefore, even if the property ownership certificate is not obtained, the property should be considered as the personal property of one party before marriage, and it belongs to the house purchased at the time of divorce.
Three, one party to buy a house with a pre-marital loan, personal property down payment, property registration in its own name. After marriage, the husband and wife jointly repay the loan. How to divide the divorced house?
In this case, article 3 of the judicial interpretation of the new marriage law clearly stipulates that "one of the husband and wife 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, and the real estate is registered in the name of the house and pays the down payment. At the time of divorce, the property is handled by mutual agreement. If no agreement can be reached, it can be determined that the house belongs to the property registration party. The unpaid loan is the personal debt of the party whose property right is registered. After marriage, both parties will pay the same amount to repay the loan and the corresponding property appreciation. At the time of divorce, the party with registered property rights will compensate the other party. Therefore, the property registered at this time belongs to the registrant, and the registrant compensates the other party for the house price and the appreciation of the house.
Four, before marriage, the two sides invested in the purchase, property certificate registration, how to divide the divorced house?
In this case, it is the most troublesome and easy to produce injustice that the general public thinks. In this case, if one of the registered parties admits that * * * has the same contribution at the time of divorce, the property can be divided according to the husband and wife * * *; If the registered party does not recognize the other party's contribution, the unregistered party has no evidence to prove that its contribution or contribution is not a gift, the registered property belongs to the registered party, and only the other party can be compensated when the divorce is divided.
Five, before marriage, one parent invested in buying a house, and the property right was registered in the name of the child. How to divide the divorced property?
If one parent buys a house before marriage and the property right is registered in the name of the child, the house belongs to the registered party's personal property before marriage. When the property is divided in divorce, the other party has no right to ask for division.
Six, before marriage, one of the parents contributed, and the property rights were registered in the name of the other party. How to divide the house after divorce?
In this case, it is generally recognized that the property of husband and wife is the same. When divorce is divided, the unregistered party may request the division of property.
Seven, before marriage, one parent contributed, and the property rights were registered in the names of both parties. How to divide the divorced property?
There is no doubt that the property belongs to both husband and wife, and it is divided according to the principle of property division and specific circumstances when divorcing.
How to divide the real estate before marriage is of great significance in real life. No matter who you give it to, it will affect a person's life, even his life.
The above is only a brief explanation of some situations in which pre-marital real estate is divided according to law. But in practice, there will be various complicated situations, and a seemingly ordinary situation may decide who owns the property before marriage. So, again, the specific situation is analyzed. I really don't know. With the help of a lawyer, I can determine whether I have pre-marital property. After all, the house price is much higher than the lawyer's fee.
(selected from network)