The analysis is as follows:
1, China's laws stipulate that the acquisition of real estate ownership adopts the registration system, so the ownership of the house mainly depends on whose name the ownership certificate is registered.
Although the house property right certificate was obtained after marriage, the time obtained on the house property right certificate cannot be simply used as the basis for distinguishing whether the house belongs to pre-marital personal property or post-marital joint property, because the time for obtaining the house property right certificate will be different in different regions and even different developers.
Second, for the division of repayment between husband and wife, it is necessary to consider whether the husband and wife agree to implement their own property systems, or whether the two sides have special agreements on the repayment of loans. If there is an agreement, the division of property shall prevail.
According to Article 10 of the Marriage Law of the People's Republic of China, "husband and wife sign a real estate sales contract before marriage, pay the down payment with personal property and borrow money from the bank, and repay the loan with the same property after marriage. If the property is registered in the payer's name, the property 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 in accordance with the principle stipulated in the first paragraph of Article 39 of the Marriage Law ". Under normal circumstances, the money to repay the loan belongs to the joint property of husband and wife and can be divided according to the principle of one person and half. For the amount of compensation that can be obtained for the value-added part of the house, it is necessary to consider the protection of the rights and interests of the individual's pre-marital property and the fair division of part of the property after marriage, which can be calculated according to the proportion of * * * in the total house price.