Who owns the increased value of the house after taking out a mortgage before marriage?
Legal analysis:
The increased value of the property belongs to the couple after the same repayment of the loan.
Owned by both parties, the increased value of the house during divorce is divided into: ***the loan repayment part and the unpaid loan part. If personal property is purchased with a loan before marriage, and both husband and wife repay the loan together after marriage, in this case, the ownership of the house will still belong to the husband and wife's personal property. A house purchased in full with personal property before marriage is considered premarital property.
Legal basis:
According to Article 1087 of the "People's Republic of China and Civil Code": When divorcing, the property of the husband and wife shall be shared by both parties. If an agreement cannot be reached, the People's Court shall make a judgment based on the specific circumstances of the property and in accordance with the principle of taking into account the rights and interests of the children, the woman and the non-fault party. The rights and interests enjoyed by husband or wife in family land contract management shall be protected in accordance with the law.
According to Article 1089 of the "People's Republic of China and Civil Code": Upon divorce, the husband and wife's debts shall be repaid jointly. If the property of the two parties is insufficient to repay or the property belongs to each other, the two parties shall agree to repay the repayment; if the agreement fails, the People's Court shall make a judgment.