Buying a house before marriage and paying the mortgage after marriage, in today's society, usually when getting married, the woman will ask the man to buy a new house as a wedding room. After paying the down payment, the rest of the house payment will be paid jointly by the husband and wife. Share the house before marriage and the mortgage after marriage.

Buying a house before marriage, paying off the mortgage after marriage * * * 1 pre-marriage loan Buying a house after marriage * * * Is the loan with repayment the same property?

No, it belongs to personal property, but the part of repayment after marriage is the same property, and divorce can be divided.

According to Article 10 of Judicial Interpretation III of Marriage Law, one spouse signs a real estate sales contract before marriage, pays the down payment with personal property and borrows money from the bank, and repays the loan with the same property after marriage. If the real estate is registered in the name of the down payment, the real estate shall 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 decide that the real estate belongs to the party with registered property rights, and the unpaid loan is the personal debt of the party with registered property rights. At the time of divorce, the party that has registered the property right should compensate the other party for the money paid by both parties after marriage and the corresponding value-added part of the property.

Other information about the ownership of property after marriage:

1. After marriage, both husband and wife contribute (including loans) to acquire the property rights of the house, and the house will be divided after divorce.

First of all, it is clear that the real right, whether the name of one party or the names of both parties, is the same property. Secondly, it is clear that the output value, that is, the value of the house, is calculated according to the market price, not according to the original purchase contract amount. Third, distinguish the equity part from the debt part. If loans are involved, the loan part should be deleted first. That is to say, the party that obtains the house pays half of the house value to the party that does not obtain the house, and the party that obtains the house pays the remaining principal and interest separately.

2. One of the husband and wife pays off all the house payment before marriage and obtains the real estate license, and the house is divided at the time of divorce.

Since one of the husband and wife paid all the house price and obtained the real estate license before marriage, the house belongs to the property before marriage. Therefore, when divorcing, the other party has no right to ask for division.

3. One of the husband and wife bought a house through mortgage loan before marriage and obtained the real estate license. After marriage, the husband and wife jointly repay the loan, and the house is divided after divorce.

Although the house is purchased by one party before marriage, the value-added part and the repayment part of the house after marriage are regarded as the same property, unless otherwise agreed by the husband and wife. It should be noted that the repayment part of * * *, whether it is repaid by one party's personal salary or by the wages of both parties, should be recognized as the property of husband and wife. Of course, if one party can really prove that its repayment funds come from personal premarital property, then this part should not be recognized as marital property.

4. If one of the husband and wife paid part of the house price before marriage, but obtained the real estate license after marriage, both parties will repay after marriage, and the house will be divided after divorce.

Although the real estate license is a title certificate and a legal document to prove the ownership relationship of the house, it does not mean that the house that obtains the real estate license after marriage should be the property after marriage, or the source of property should be subdivided into two parts: pre-marriage and post-marriage.

5. One spouse pays part of the house payment before marriage and repays the loan after marriage, or one spouse repays the loan with personal property, but the house appreciates. At the time of divorce, the house did not have a real estate license.

At the time of divorce, if the two parties have a dispute over the house that has not yet obtained ownership or has not yet fully obtained ownership, and it is impossible to negotiate, the people's court should not judge the ownership of the house, but should judge that it should be used jointly by both parties according to the actual situation. After obtaining the property right certificate, either party brings a lawsuit to the court alone. In addition, the First People's Court of the Supreme People's Court made it clear that it is not appropriate for the court to judge the ownership of the house, including: (1) buying welfare policy houses; (two) the purchase of commercial housing; (3) Purchase affordable housing. If the above three houses are purchased and the property ownership certificate has not been obtained at the time of divorce, the court should not directly make a judgment on the ownership of the house.

6. Parents participate in the purchase of a' house', and after the children divorce, the house is divided.

Unless otherwise agreed, the investment made by parents before marriage shall be regarded as a gift to their children; Unless otherwise agreed, the contribution made by parents after marriage shall be regarded as a gift to both husband and wife.

In practice, there is another situation: at the time of divorce, one party suddenly proposed that the money for buying a house was borrowed from parents, not donated by parents, and took out an iou certificate. In this regard, the general practice of the court is to look at the attitude of the other party first. If the other party does not admit it, the court will generally not conduct substantive examination on whether the creditor's rights and debts are established, because the creditor cannot participate in the litigation as a third party. Therefore, in this case, the court will tell the party who advocates borrowing that it can file another lawsuit while dividing the house.

7. There is a third person's name on the real estate license, and the house is divided after divorce.

In addition to the names of husband and wife, there are also the names of children or parents on the real estate license. In this regard, the court generally does not take the initiative to add a third person, but takes the following measures: (1) According to the application of the parties, the property division of the housing part will not be tried, and the parties will sue separately; (2) according to the application of the parties, suspend the trial of the case, inform the parties to sue separately for property analysis, and then divide some houses of the husband and wife according to the judgment result of property analysis.

8. Both parties invested in buying a house before marriage, but only one party's name was on the real estate license obtained before marriage, and the house was divided after divorce.

In the case of divorce under the above circumstances, if the party with the name on the real estate license does not admit that the other party has invested in the house, it is considered that the house belongs to its personal property before marriage and will not be divided. On the premise that it can't prove that it has contributed capital and is not donated to one party, the court of the other party's rights and interests can't protect it. In other words, even if the other party gives money, it can't prove the investment behavior, and the court can't judge one party to give appropriate compensation. I hope that through the above contents, you will have a deeper understanding of some related issues such as pre-marital loans, house purchase and marital repayment.

Buying a house before marriage and repaying the mortgage after marriage * * * 2 Is buying a house before marriage and repaying the loan after marriage the same property?

1. Buy a house before marriage, and still pay the loan after marriage. The part before marriage is not the same property, and the part after marriage is repayment.

2. At the time of divorce, the ownership of the property shall be handled by both parties through consultation. If the negotiation fails, the property belongs to you personally, but the repayment and value-added part should be compensated to the other party. Article 10 of the Interpretation of Some Issues of the Marriage Law of the People's Republic of China (III) stipulates that one spouse signs a real estate sales contract before marriage, pays the down payment with personal property and borrows money from the bank, and repays the loan with the same property after marriage. If the real estate is registered in the name of the down payment, the real estate shall be handled by both parties through agreement at the time of divorce.

3. If no agreement can be reached in accordance with the provisions of the preceding paragraph, the people's court may decide that the real estate belongs to the party with registered property rights, and the unpaid loan is the personal debt of the party with registered property rights. In addition, according to Article 39 1 of the Marriage Law of the People's Republic of China, in the event of divorce, the property of husband and wife shall be handled by mutual agreement; If the agreement fails, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman.

Buying a house before marriage * * * Repaying with mortgage after marriage * * Repaying with mortgage after marriage * * * Repaying with loan after divorce?

How to divide property after divorce, especially real estate, has aroused widespread concern. The division of real estate is more complicated, and you can handle the following situations.

1, buy a house before marriage and repay the loan after marriage.

Husband and wife sign a contract for the sale of real estate before marriage, pay the down payment with personal property and borrow money from the bank, and repay the loan with the same property after marriage. If 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, the people's court may decide that the real estate belongs to the party whose property right is registered.

2. Property appreciation

For the appreciation of the mortgaged house after marriage, we should consider the actual situation of one spouse participating in the loan repayment and make fair and reasonable compensation for it. On the basis that the mortgaged house is owned by one party, the outstanding debts should also be borne by it, which is not only simple to operate, but also in line with the principle of relativity of contracts.

3. Who will pay the mortgage after divorce?

Before marriage, one party signed a mortgage loan contract with the bank, and the bank only agreed to the loan on the basis of reviewing its credit standing and repayment ability. In the legal sense, it belongs to the relative person of the contract, so it should continue to bear the repayment obligation after divorce.

4. Compensate the participating lenders

For the party who participates in the loan repayment after marriage, the amount paid for the loan repayment after marriage and the corresponding value-added part of the real estate shall be compensated by the party who handles the property registration according to the principle of taking care of the rights and interests of children and women during divorce.

Article 1087 of the Civil Code: The joint property of husband and wife shall be handled by mutual agreement at the time of divorce; If the agreement fails, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children, the woman and the innocent party. The rights and interests enjoyed by husband and wife in the contracted management of family land are protected according to law.

Article 1089 At the time of divorce, husband and wife shall pay off their debts. At the time of divorce, husband and wife should jointly pay off their debts. * * * If the same property is not paid off or the property belongs to each other, it shall be paid off by mutual agreement; If the agreement fails, the people's court shall make a judgment.