When one party buys a house before marriage and the house is divided after divorce, there are generally the following situations: (1) If one party buys a house in full before marriage and is registered in the name of the investor, it belongs to the personal property before marriage; (2) If one party buys a house in full before marriage and registers it in the name of the other party, it is necessary to comprehensively consider whether it has the nature of donation and whether it has the purpose of concluding a marriage. It is not possible to simply identify the house as the personal property of the owner; (3) If one party's property right is registered in his own name and mortgaged to buy a house before marriage, it is regarded as the investor's personal property before marriage, but the value-added part of the repayment after marriage belongs to both husband and wife. (4) If one party signs a house sales contract before marriage and pays the down payment with its own property after marriage, it shall be deemed that the house belongs to * * *, unless the investor can prove that the investment is personal property before marriage; (5) Before marriage, if both parties jointly contribute to the purchase of a house, it shall be deemed that the house is owned by the husband and wife.
In addition, Article 7 of Interpretation III of Marriage Law of China also stipulates that if 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 Article 18 (3) of Marriage Law of the People's Republic of China, 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.
Second, how to divide the divorce when the man buys a house before marriage and writes the woman's name?
If the man chooses to buy a house in full before marriage, and the man wants to write the woman's name on the real estate license out of his own will, then the woman's name can be affixed to the real estate license. Because after buying a house in full, the man can enjoy the right to control the property, and it is up to him to decide whether to give the woman a name.
Legal basis:
The Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (III) Article 10: Husband and wife sign a real estate sales contract before marriage, pay the down payment with personal property and borrow money in 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.
To sum up, we can understand that if one party buys a house in full before marriage and registers it in the name of the other party, it is necessary to comprehensively consider whether it has the nature of gift and whether it has the purpose of concluding marriage, and the house cannot simply be recognized as the personal property of the owner.