1. One party pays the down payment with personal property before marriage and borrows from the bank. After marriage, the husband and wife repay the loan with the same property. If the property is registered in the name of the down payment payer, the divorce shall be handled by both parties through consultation. If the agreement fails, the people's court may decide that the real estate belongs to the property registration party, and the outstanding loan is the personal debt of the property registration party. When both parties get married, the amount paid to repay the loan and the corresponding value-added part of the property shall be compensated by the property registration party to the other party. 2. After marriage, the property purchased by both parties with loans belongs to the joint property of husband and wife, and it shall be handled by both parties through agreement at the time of divorce. If the agreement fails, the people's court should not judge the ownership of the house, but should judge the use by the parties according to the actual situation.
Legal objectivity:
The Supreme People's Court on the application of&; amplt; Marriage Law of the People's Republic of China. gt; Interpretation of several issues (II) Article 7 If the property right of the property purchased by one parent for their children after marriage is registered in the name of the investor's children, it can be considered as a gift to only one of their children according to the provisions of Item (3) of Article 18 of the Marriage Law, and the property should be considered as the personal property of the husband and wife. If the property right of the house purchased by both parents is registered in the name of a child, the house can be regarded as shared by both parties according to their respective parents' share of capital contribution, unless otherwise agreed by the parties. The Supreme People's Court on the application of&; amplt; Marriage Law of the People's Republic of China. gt; Interpretation of some problems (II) Article 10 A 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 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.