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Hello, the parking space bought by one party with a loan before marriage, does the other party have a share after divorce?
Hello, first of all, we need to make it clear that the parking space belongs to real estate. After divorce, whether the parking space purchased by pre-marital loan is related to the spouse depends on whether the joint property of husband and wife is used to repay the mortgage loan of the parking space after marriage. First, after divorce, the parking space has nothing to do with the spouse. If you use your personal property to repay the loan of the parking space after marriage, the parking space will still belong to your personal property after divorce, because your spouse has not contributed to the parking space, regardless of whether the loan of the parking space has been paid off. Second, after the divorce, the parking space belongs to the spouse, and the corresponding compensation needs to be paid to the spouse. If the joint property of husband and wife is used to repay the loan of parking space after marriage, it is necessary to pay the spouse half of the money paid by both parties for the joint loan repayment after marriage and the corresponding value-added part of the property. If the parking space does not increase in value, it will pay half of the total loan repaid by the spouse during the marriage. Legal basis: the Supreme People's Court's Interpretation on the Application of Marriage and Family in the Civil Code of People's Republic of China (PRC) (1) Article 78 A husband and wife sign a real estate sales contract before marriage, pay the down payment with their personal property and borrow money from the bank, and repay the loan with their joint property after marriage. If the property is registered in the name of the down payment payer, the property will be handled by mutual 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 rule that the real estate belongs to the registrant and the outstanding loan is the personal debt of the registrant. At the time of divorce, according to the principle stipulated in the first paragraph of Article 1087 of the Civil Code, the party that handles the registration of real estate shall compensate the other party for the money paid by both parties after marriage and the corresponding value-added part of the property.