You can get a marriage certificate during the loan approval period, but the property right of the house before marriage belongs to the property before marriage. When the husband and wife repay the loan together after marriage, the house will be handled by both parties through agreement.

The key to judge whether it belongs to premarital property is that the time to obtain property rights is before marriage. This property right is acquired before marriage and actually occupied after marriage, and its nature belongs to personal property before marriage.

According to the relevant provisions of Judicial Interpretation III of Marriage Law:

Article 10 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 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. At the time of divorce, the party handling the property registration shall compensate the other party in accordance with the principle stipulated in the first paragraph of Article 39 of the Marriage Law (at the time of divorce, the joint property of husband and wife shall be handled by mutual agreement).

Extended data

Case:

In 2005, Xiaoqiu bought a house with a total price of 400,000 yuan in Shangcheng before marriage, and Xiaoqiu paid a down payment of 200,000 yuan. After marriage, she and her husband jointly mortgaged.

In 20 10, Xiaoqiu divorced. During the marriage, the mortgage payment was 77,206,438+07 yuan, and the house rose to 933,000 yuan.

The court ruled that the house belonged to Xiaoqiu, and she had to pay her husband half of the repayment amount of 38,603.09 yuan for the common property after marriage and 70,000 yuan for the value-added part of the house.

At the time of divorce, the ordinary court ruled that the house belonged to whoever registered it. The mortgage is repaid jointly by the husband and wife, and the part paid off jointly belongs to the common property. At the time of divorce, half should be returned to the other party, and the value-added part of the mortgage should also be returned to the other party.

Phoenix Net —— Three Cases Analysis of Four Types of Housing Ownership under the Interpretation of the New Marriage Law