Legal analysis: 1. Before marriage, one of the husband and wife purchased the house with personal property and mortgaged it with a loan, and obtained the property ownership certificate of the husband and wife before marriage. After marriage, the house in this case 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 spouse buys a house with personal property and mortgages a loan before marriage. After marriage, both parties * * * repay the loan. In this case, the mortgaged house with real estate license after marriage 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. Husband and wife bought a house with * * * property before marriage and mortgaged it. After marriage, * * * repaid the loan, and obtained the real estate license before marriage and the real estate license was registered in the name of one party. Under normal circumstances, 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.
Legal basis: 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 common property of husband and wife and belongs to both husband and wife:
(1) Wages, bonuses and remuneration for labor services;
(2) Income from production, operation and investment;
(3) Income from intellectual property rights;
(4) Inherited or donated property, except as provided for in Item 3 of Article 1063 of this Law;
(five) other property that should be owned by * * *.