According to the laws of our country, if the house is a down payment made by one party before marriage and registered in his personal name, and both parties jointly repay the loan after marriage, then the loan jointly repaid after marriage and the corresponding value-added part of the house should belong to the joint property of husband and wife according to law. At the time of divorce, the property shall be handled by both parties through consultation. If the negotiation fails, the court will generally rule that the property belongs to the registered party, and the party who obtains the property will pay the corresponding discount to the other party for jointly repaying the loan and the corresponding value-added part of the house. The outstanding loan belongs to the personal debt of the parties involved in the registration of real estate.
Tips: In practice, the situation of buying a house before marriage may be complicated, and it may also involve specific issues such as parents' contribution. It is recommended to consult a professional lawyer.
legal ground
People's Republic of China (PRC) Civil Code
Article 1087 The joint property of husband and wife at the time of divorce shall be handled by mutual agreement; If the agreement fails, the people's court shall make a judgment according to the specific circumstances of the property and the principle of taking care of the rights and interests of the children, the woman and the innocent party.
The rights and interests enjoyed by one spouse in the contracted management of family land are protected according to law.
The Supreme People's Court's explanation on the application of marriage and family series (I)
Article 78 If the husband and wife sign a contract for the sale of real estate before marriage, pay the down payment with personal property and borrow money from the bank, and repay the loan with the joint property of the husband and wife after marriage, and the real estate is registered in the name of the down payment payer, 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, according to the principle stipulated in the first paragraph of Article 1087 of the Civil Code, the party that handles the registration of real estate shall compensate the other party for the money paid by both parties after marriage and the corresponding value-added part of the property.