1. Before marriage, one of the husband and wife purchased the house with personal property and mortgaged the loan. Before marriage, one of the husband and wife obtains the house ownership certificate, and after marriage, both parties repay the money.
In this case, the house is the personal property of one party, and the other party has no right to ask for division when divorcing. However, the spouse who participates in the repayment together with * * * has the right to ask the other party to return the paid-off part.
What needs to be clear here is that * * * repays the loan with one party's personal salary or both parties' salary, which should be considered as * * * repaying the loan with the same salary. Therefore, when a house with a loan is divorced, one party who repays the loan can ask the other party to return the house payment. You can also claim compensation for the appreciation of the house.
2. One of the husband and wife buys a house with personal property before marriage and mortgages the loan. After marriage, both parties repay the loan and obtain the real estate license after marriage.
In this case, the mortgaged house is the personal property of one party before marriage and will not be divided when divorced. Because one party bought mortgage to buy a house with personal property before marriage, the title certificate obtained after marriage is the confirmation of buying a house before marriage and does not belong to the joint property of husband and wife.
If the property of husband and wife is considered to be the same just because they get the property certificate after marriage, there will be a phenomenon that one party has no capital contribution at all but becomes the owner of the house just because of marriage. This result violates the principle of fairness.
3. Both husband and wife buy houses and mortgage loans with * * * real estate before marriage. After marriage, * * * repays the loan, obtains the pre-marital real estate license and the real estate license is registered in the name of one party.
Because in general, we determine who the property belongs to based on the name on the property ownership certificate. Therefore, it is very easy to be recognized as the property of the registrant at this time.
Therefore, when the unregistered party claims that the house is the same property, it must first prove that it has fulfilled its investment obligation to buy the house before marriage; Second, it is necessary to prove that before marriage, the premise is that both parties agree that the purchased house belongs to * * * *. If the corresponding evidence cannot be provided, the property is deemed to be the property of one party and will not be divided when it is divided.
4. Before marriage, one parent of the husband and wife participated in the investment to buy a house and obtained the real estate license after marriage.
According to the law, before a couple get married, if their parents contribute to the purchase of a house for both parties, the contribution shall be regarded as a personal gift to their children, unless the parents expressly give it to both parties.
Therefore, before marriage, parents invested in buying a house, and after marriage, * * * owing on the loan does not affect the ownership of the house. At this time, when the divorced mortgaged house is divided, it does not participate in the division, but only belongs to one party.
What should I pay attention to when buying a house before marriage?
1, before marriage, the real estate license department should fully negotiate.
According to the provisions of the new marriage law, the property before marriage belongs to each other and will not be converted into the joint property of husband and wife because of the continuation of the marriage relationship, unless otherwise agreed. If both parties have paid for the house purchased before marriage, but only one party has a name, and the other party fails to show all the rights of the house on the real estate license or related documents because of embarrassment or fear of affecting their feelings, then once the two parties turn against each other, there will inevitably be disputes when dividing the property, which will put this party at a disadvantage. Therefore, if you buy a house before marriage, you'd better write down the name of each investor, so that once there is a problem, there will be no dispute.
2. All parties have clearly agreed on the amount of sponsorship for house purchase.
Young people may not have enough savings to buy a house and need the help of their parents. In this case, if two people's names are written on the real estate license at the same time, another agreement will be signed. Because if the two parties break up, in the absence of any agreement and vouchers, the parents' contribution will be considered as a gift to both parties, and parents have no right to recover their contribution, which is unfair. Therefore, whether it is funded by parents or sponsored by other relatives and friends, investors' money must be clearly divided before buying a house with a loan. It is best to write an IOU to the borrower to avoid making enemies when breaking up.
3. Pre-marital property notarization or agreement is very necessary.
Before the relationship between husband and wife is determined, both parties may apply for notarization of pre-marital property or sign an agreement with each other. In the event of a dispute, each other can find evidence in time to avoid further troubles caused by real estate disputes in the future.
4. It is best to sign an agreement on monthly repayment obligation after loan purchase.
At present, banks are particularly strict in approving personal mortgage loans. Unmarried couples borrow money to buy a house. If one party can't borrow money for some reason, it can only rely on the other party. If the relationship is not good in the future, then the lender will bear this huge "foreign debt" alone. In practice, under the non-marital relationship, both parties should sign an agreement to clarify their respective lending rights and obligations. Once one party can't repay or can't afford it, the other party still needs to bear the obligation to repay the bank.