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How to allocate the house bought by divorced offspring
How to allocate the house bought by divorced offspring

After the divorce, the house purchased by loan can be allocated according to the following circumstances:

1. Couples buy a house before marriage and repay the loan after marriage. The house is registered in the name of the down payment, and the house will be handled by both parties through agreement at the time of divorce. If no agreement can be reached, the people's court may decide that the house belongs to the party whose property right is registered, and the unpaid loan is the personal debt of the party whose property right is registered. In case of divorce, one party to the property registration shall compensate the other party in accordance with the principles stipulated in the Civil Code.

2. Before marriage, both parties * * * jointly contributed to the house purchase (including the house purchase by loan), and have obtained the house ownership certificate. If the house is registered in the names of both parties, it shall be deemed as the joint property of the husband and wife.

3. If the parents participate in the capital contribution and divorce after obtaining the property ownership certificate, if it cannot be proved that the investor, that is, the parents, explicitly expressed the gift to one of the children, the parents' capital contribution will be regarded as a gift to both husband and wife and divided according to the joint property of the husband and wife; If it can be proved that the investor, that is, the parents, explicitly donated to one of the children, then this part of the investment is regarded as personal ownership, and a share of the investor's children should be considered when dividing the estate.

4. If one spouse buys a house with personal property before marriage and mortgages the loan, and the property right certificate is registered in his own name, the house is still his personal property. Similarly, mortgage loans are personal debts. After marriage, one of the husband and wife participates in paying off the loan without changing the nature of the house as personal property.

5. One party borrows money to buy a house before marriage, repays the loan with personal income after marriage, and has obtained the house title certificate at the time of divorce. The amount repaid by both parties after marriage is regarded as the joint property of husband and wife.

To sum up: after divorce, the house purchased by loan should be allocated according to the specific situation. If the husband and wife can reach an agreement, it shall be handled according to the agreement; If no agreement can be reached, the judgment shall be made in accordance with relevant laws and regulations. In the distribution, we should consider the purchase time, the amount of investment, property registration and other factors. At the same time, we should also pay attention to protecting the personal property rights and interests of lenders.