How to divide the house price when it falls?

The first case: lawyer, one party borrows money to buy a house before marriage, and the husband and wife pay the house price together after marriage. How to divide the depreciation of the house during divorce?

The second case: after marriage, the husband and wife buy a house together and pay the mortgage together. Later, my relationship broke down and I wanted a divorce. The house just depreciated, which is cheaper than when we bought it. How to divide it?

Case 1: one party buys a house before marriage, and two people pay for it after marriage. How to divide the depreciation of the house during divorce?

Reference case: Kunming Intermediate People's Court (20 17) Yun01Minzhong1371; In this divorce dispute, Zhao Mouyi sued for ordering Wang Moujiang to pay back the house price and the corresponding property appreciation during the marriage relationship between the two parties.

After hearing the case, Kunming Intermediate People's Court held that it was necessary to increase the value of the corresponding part of the property used for repayment after marriage. In the case of appreciation, the amount obtained by multiplying the repayment part by the real estate appreciation rate and dividing it by 2 is the compensation amount for the other party. The value-added here refers to the value-added after marriage, excluding the value-added before marriage, which belongs to one party's personal property.

Property appreciation rate = current property price at the time of divorce ÷ property cost (property price at the time of marriage+* * * paid interest+other expenses). According to the appraisal report issued by Shenzhen Tongzhicheng Land and Real Estate Appraisal Co., Ltd. on May 2 1 2065438, in this case, from marriage to divorce, the house did not increase in value, but depreciated. Therefore, there is no division between * * * and the value-added part of the loan repayment after marriage, but the appellee can request to divide the amount paid by * * * and the loan repayment after marriage.

In the same way, regarding the appellant's demand for house depreciation, we believe that the real estate sales contract was signed by the appellant before marriage, and the location, floor and orientation of the house purchase were the appellant's own choices. The appellant only participated in the repayment of the loan after marriage, and the appellant naturally had to bear the risk of falling house prices. At the same time, the temporary decline in house prices will not cause substantial losses.

The appellant, as a party to the property right registration, should compensate the appellee for at least half of the repayment principal and interest (91kloc-0/79.76 yuan ÷ 2 = 45,589.88 yuan).

Comments: This case is a bit interesting, as you can see:

0 1 If the house depreciates, it is far from appreciation. Naturally, we can't advocate dividing the value-added part of repayment after marriage ("passive water"), but the payment of repayment after marriage can be divided.

From the other party's point of view, if you want the other party to bear the risk of house depreciation, the court will not recognize it: "Because you made your own decision before marriage; If you don't sell your house for a day, the loss hasn't happened yet. Besides, the house has been awarded to you, and you have to pay the compensation for the loan repayment to the other party. "

Basis of judicial interpretation: Article 78 of the Supreme People's Court's Interpretation on the Application of Marriage and Family in the Civil Code of People's Republic of China (PRC) (1) The husband and wife sign a real estate sales contract before marriage, pay the down payment with personal property and borrow money from the bank, and repay 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 rule that the real estate belongs to the registrant, and the outstanding loan is the personal debt of the registrant. At the time of divorce, one party to the real estate registration shall compensate the other party according to the principle stipulated in the first paragraph of Article 1087 of the Civil Code.

The second case: after marriage, both parties buy a house and pay. How to divide the depreciation of the house during divorce?

Reference case: Qiandongminzhongzi No.367, Intermediate People's Court of Qiandongnan Miao and Dong Autonomous Prefecture, Guizhou Province, a man and a woman got married on February 24, 20 12 and bought a house on February 25, 20 12. Later, when the house was divided due to divorce disputes, the court held that the house price in Kaili area had declined in the past year, and the house price purchased by both parties had decreased compared with the original purchase price.

After deducting the mortgage under construction according to the estimated amount of both parties, the remaining equity of the house is only 2 1, 9 1.87 yuan, so it is more appropriate for Song Yang to compensate Chen Dong appropriately for the interests of both parties, which is equivalent to the current remaining equity of the house being 2 1, 9 1.87 yuan.

Comments: This case has a certain particularity, which contributes a lot to real estate investment, but it belongs to the woman's provident fund loan and cannot be transferred. The first trial awarded the property to the man, and the second trial awarded it to the woman for the convenience of actual performance. If only from the perspective of house depreciation, the judge considers buying a house after marriage and makes the same decision, then both parties should bear the risk of house depreciation. At the time of the final judgment, the court also divided the house directly according to the existing value (after depreciation), which means that both parties are responsible for the loss of the house value.