The Supreme People's Court's Interpretation on Several Issues Concerning the Legal Application of Marriage Law (III) Article 10 A husband and wife sign a real estate sale agreement before marriage, pay the down payment with property and borrow money from a bank, and repay the loan with the same property after marriage. The property belongs to the payer's name, and the property is disposed of by both parties through agreement at the time of divorce; If an understanding cannot 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 registering the property right, and the outstanding loan is the personal debt of the party registering the property right.
At the time of divorce, the party that has registered the property right shall compensate the other party in accordance with the principle stipulated in the first paragraph of Article 39 of the Marriage Law.
In the actual housing division, if the husband and wife can't reach an understanding on the ownership of the house, they can solve it according to Article 20 of the National Marriage Law, namely:
1. If both husband and wife think that the right to use the house is allowed to bid, they should be allowed;
2. If one of the husband and wife thinks the property ownership, because the real estate assessment institution evaluates the house according to the current housing market price, the husband and wife who have obtained the property ownership shall give the other party corresponding compensation;
3. If the husband and wife don't think the property belongs, they will bid for the house according to the application of the husband and wife and divide the contract amount. If the husband and wife have not completed the repayment of the house loan before the divorce, the problem of who owns the house when the husband and wife buy a house with the loan can be handled according to the following two situations.
Husband and wife buy a house with a loan and divorce. Who owns the house? 1. If the husband and wife did not raise funds to settle all the house loans before the divorce, and have obtained the house title certificate to relieve the pressure, the husband and wife can sell the house for a penny, settle the raised funds, or separate the property rights of the divorced house and transfer the house to one of the husband and wife.
2. If the house has not paid off the debt, then the property right of the house is mortgaged to the financial institution and temporarily not owned by the husband and wife. Both husband and wife have no right to apply for housing property rights division procedures. They can write the details of housing division into the divorce agreement, then use the divorce agreement to be fair, and then pay off the debts, so as to better divide the housing property rights according to the divorce agreement.
Generally speaking, it is better for couples to buy a house with a loan, or it needs to be solved in accordance with the relevant policies of laws and regulations.