If one party paid the down payment before marriage and registered it in his name, and both parties will repay the loan together after the marriage, then for the property, the loan will be repaid together after the marriage and the corresponding The increased value of the house shall be the joint property of the husband and wife according to law. During divorce, the property is handled through negotiation between the two parties. If the negotiation fails, the court will generally rule that the property belongs to the registered party, and the party who obtains the house will pay the other party the corresponding discount for the loan repayment and the corresponding increase in the value of the house. .
If there is no special property agreement between the husband and wife, then the property acquired by the husband and wife during the marriage relationship is the joint property of the husband and wife. Even if the man uses his income to repay the loan, it is also the use of the husband and wife's property. If the loan is repaid with the same property, the woman still has the right to claim division.
Warm reminder: In practice, the situation regarding a house purchased before marriage may be more complicated, and may also involve specific issues such as parents’ investment. It is recommended that you consult a professional lawyer for specific details.
Legal Basis
Civil Code
Article 1063: Individual property of husband and wife: The following properties are the personal property of one spouse:
(1) Pre-marital property of one party;
(2) Compensation or compensation received by one party due to personal injury;
(3) Only the property specified in the will or gift contract Property that belongs to one party;
(4) Daily necessities for the exclusive use of one party;
(5) Other property that should belong to one party.
Interpretation of the Supreme People's Court on the Application of the Marriage and Family Section of the "People's Republic of China and Civil Code" (1)
Article 29 Before the parties get married, the parents purchase the property for both parties If the house is a capital contribution, the capital contribution shall be deemed as a personal gift to one's own children, unless the parents expressly express the gift to both parties.
After the parties get married, if the parents contribute money for the purchase of a house by both parties, the matter shall be handled in accordance with the agreement; if there is no agreement or the agreement is unclear, the provisions of Article 1062, Paragraph 1, Item 4 of the Civil Code shall apply. Principle processing.
Article 78: A husband and wife sign a real estate sales contract before marriage, use personal property to pay the down payment and take a bank loan, and after marriage use the joint property of the couple to repay the loan, and the real estate is registered with the party that pays the down payment. In case of divorce, the real estate shall be handled by agreement between the parties.
If an agreement cannot be reached in accordance with the provisions of the preceding paragraph, the people's court may rule that the real estate belongs to the party who registered it, and the unpaid loan shall be the personal debt of the party who registered the real estate. The amount paid by both parties to repay the loan and the corresponding increase in property value after marriage shall be compensated by the party who registered the real estate to the other party in accordance with the principles stipulated in paragraph 1 of Article 1087 of the Civil Code upon divorce. .