Article 10 of the Third Judicial Interpretation of the Marriage Law stipulates: One spouse signs a real estate sales contract before marriage, uses personal property to pay the down payment and obtains a bank loan, and after marriage uses the joint property of the couple to repay the loan, and the real estate is registered in If the real estate is in the name of the party who paid the down payment, the real estate will be handled by agreement between the parties in the event of divorce.

If an agreement cannot be reached in accordance with the provisions of the preceding paragraph, the people's court may rule that the real estate belongs to the party with the property rights registration, and the unpaid loan shall be the personal debt of the party with the property rights registration.

The amount paid by both parties to repay the loan after marriage and the corresponding increase in property value shall be based on the principle stipulated in paragraph 1 of Article 39 of the Marriage Law when divorcing. The party who registered the property rights shall pay the other party One party compensates.

According to this provision, the first step is to reach an agreement between the two parties. If the agreement fails, the court will decide that the real estate belongs to the party who registered the property rights; however, if the loan is repaid after marriage, the wages and bonuses that belong to the same property of the husband and wife will be repaid. If so, this item is for husband and wife.

In the event of divorce, the amount paid by both parties to repay the loan and the corresponding increase in property value after marriage shall be paid by the party who registered the property rights in accordance with the principle of taking care of the interests of the woman and her children in Article 39 of the Marriage Law. Compensate the other party.

Extended information:

If the pre-marital property is notarized and it is clear that the pre-marital property belongs to each party, Interpretation 3 of the "Marriage Law" also stipulates that the property purchased by one of the parents for their children before marriage shall be equal to yours. In the name of one party's children, if it is not clearly stated that it is a gift to both husband and wife, it should be deemed as the gift to the child. Even if there is a divorce, it will be the personal property of one party and not the joint property of the couple.

According to the provisions of the "Interpretation III of the Marriage Law", if the real estate purchased by one of the parents for their children after marriage is registered in the name of the investor's children, the property can be registered in accordance with Article 18 (3) of the Marriage Law. stipulations, it is regarded as a gift to only one of the children, and the real estate should be recognized as the personal property of one spouse.

Article 17 of the revised Marriage Law stipulates: The following properties acquired by husband and wife during the marriage relationship shall be owned jointly by the husband and wife:

1. Wages and bonuses.

2. Income from production and operation.

3. Income from intellectual property rights.

4. Property obtained by inheritance or donation, except as provided for in Paragraph 3 of Article 18 of this Law.

5. Other property that should be owned by the owner.

Reference: Baidu Encyclopedia - Judicial Interpretation of Marriage Law III