Legal analysis
According to the specific situation:
1. After marriage, the woman has no right to divide her own house.
2. If you use the salary earned after marriage to repay the loan (the property earned after marriage belongs to the husband and wife * * *, unless there is a clear agreement, the woman can divide the repayment part after marriage when divorcing;
3. Both parties agree that the property obtained after marriage belongs to the individual, the property obtained after marriage is repaid, and the house belongs to his personal property.
Compensation for the value-added part of pre-marital housing can be considered according to the source of housing funds and their proportion in the total housing price.
1. The down payment paid by one party and the loan repaid by the individual when buying a house before marriage are natural appreciation of the property, not investment income, and should not be divided into the joint property of husband and wife.
2. The part that both parties repay the loan after marriage belongs to the joint property of husband and wife, and the corresponding property appreciation should also belong to the joint property of husband and wife. The owner of the house should not only compensate the other couple for half of the loan repayment, but also compensate the appreciation of the property corresponding to the loan repayment.
For the outstanding loan, the outstanding loan is the personal creditor's right of the owner of the house, and its corresponding property appreciation should also belong to the owner of the house, and the other party has no right to demand the division of its corresponding value-added part.
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 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 * * *.
Husband and wife have equal rights to dispose of the same property.
Article 1063 of the Civil Code of People's Republic of China (PRC) * * * The following property is the personal property of one spouse:
(1) one party's premarital property;
(2) Compensation or compensation obtained by one party for personal injury;
(3) Property that is determined to belong to only one party in the will or gift contract;
(4) Daily necessities used exclusively by one party;
(five) other property that should be owned by one party.