First, is it common property to borrow money to buy a house before marriage and repay the loan together after marriage?
You need to see if the property right is registered in your own name.
1. If your name is added to the property ownership certificate, the house belongs to both parties.
2. If it is not named, it is not considered as common property, but the repayment part can claim compensation from the other party.
3. After the house is sold or demolished, the newly purchased real estate has two situations:
(1) If there is only one person's name on the real estate license at the time of sale, the proceeds from the sale are usually his personal property, and the second house bought with this money certainly belongs to the personal property of this registered name. However, if there is evidence that the other party also contributed to the purchase of the house, the proceeds from the sale of the house will be distributed between the two parties according to the amount of contribution made at the time of purchase. Because the house payment is paid in full, there is no problem of repaying the loan.
(2) If the other party's name is added to the real estate license, it belongs to common property, and the second house purchased with the proceeds from sale or demolition is also common property.
Two, pre-marital loans to buy a house after marriage to jointly repay the loan property ownership regulations
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
If one of the husband and wife signs a real estate sales contract before marriage, pays the down payment with personal property and borrows from the bank, and repays the loan with the husband and wife's common property after marriage, and the real estate is registered in the name of the down payment payer, the real estate will 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 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.
legal ground
Article 1062 of the Civil Code of People's Republic of China (PRC)
The following property acquired by husband and wife during the marriage relationship is the joint property of husband and wife, which is jointly owned by husband and wife:
1) Wages, bonuses and remuneration for labor services;
2) Income from production, operation and investment;
3) Intellectual property income;
(4) Inherited or donated property, except as provided for in Item 3 of Article 1063 of this Law;
(5) Other property that should be jointly owned. Husband and wife have equal rights to dispose of common property.