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 spouse buys a house with personal property and mortgages a loan before marriage. After marriage, both parties repaid the loan and obtained the real estate license. How to divide the divorced mortgage house?
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. (Divide the loan and the value-added part equally, and register the debt)
Both 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. How to divide the divorced mortgage house?
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. How to divide the divorce mortgage house?
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.
After getting married in mortgage to buy a house, the house was divided with loans at the time of divorce.
1. After marriage, one or both parties purchase the house jointly owned by husband and wife and obtain the real estate license. How to divide the divorced mortgage house?
After marriage, one party buys a house with the joint property of husband and wife, and repays the loan with the joint property of husband and wife. No matter which name the real estate license is registered in, the real estate should be shared by husband and wife. Divorce property is divided according to the joint property of husband and wife.
2. After marriage, both parents contribute to buy a house, and the husband and wife repay the loan together. Property rights are registered in the name of one person. Who owns the divorce property?
According to the provisions of the judicial interpretation of the Marriage Law, if the parents of both parties subsidize their children to buy a house after marriage and the property rights are registered in the name of one person, the property can be recognized as both parties' possession according to their respective share of capital contribution. When the divorce property is divided, if the parties agree otherwise, it shall be handled according to the agreement. If there is no agreement, it shall be divided according to the proportion of capital contribution. For the loan to be repaid, if the husband and wife have no agreement on the property, the money to repay the loan belongs to the joint property of the husband and wife and does not need to be divided when divorcing.
3. If one parent pays a down payment, the property right is registered in the name of the child, and the husband and wife jointly repay the loan, how to divide the divorced mortgage house?
In this case, the down payment can be considered as a gift only for the children of investors. At the time of divorce, the real estate is the property of husband and wife, and the down payment should be recognized as the personal property of the investor's children. * * * The repayment part belongs to the husband and wife * * * to repay the loan with real estate, which is inseparable when divorced.