1. One of the husband and wife signs a contract for the sale of real estate before marriage, pays the down payment with personal property and borrows from the bank, and repays the loan with the joint property of the husband and wife 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 in accordance with the provisions of the preceding paragraph, the people's court may rule that the real estate belongs to the registrant, and the outstanding loan is the personal debt of the registrant. At the time of divorce, one party to the real estate registration shall compensate the other party according to the principle stipulated in the first paragraph of Article 1087 of the Civil Code.
2. If a husband and wife buy a house in full before marriage, it belongs to personal property.
4. After marriage, if one parent pays the down payment by mortgage, the property right is registered in the name of the child, and both husband and wife repay the loan, the property will be owned by both husband and wife at the time of divorce, which will be handled by both parties through agreement.
5. After marriage, one parent subsidizes the children to buy a house, and the property right is registered in the name of the investor's children, which is regarded as a gift to their own children. The real estate is the personal property of the investor's children, and the other party has no right to demand the division of the property.
6. After marriage, if one party buys a house with personal property and obtains the real estate license, it shall belong to the buyer's property, and the other party has no right to request the division of property.
7. After marriage, one party purchases a house with the joint property of husband and wife, which should belong to the joint property of husband and wife and be handled by both parties through consultation.
The Supreme People's Court's interpretation of the application of the marriage and family part of the Civil Code of People's Republic of China (PRC) Article 29.
Before the parties get married, if the parents contribute money to buy a house for both parties, the contribution shall be regarded as a personal gift to their children, except that the parents clearly indicate that it is a gift to both parties. After the parties get married, if the parents contribute money to buy houses for both parties, it shall be handled in accordance with the agreement; If there is no agreement or the agreement is unclear, it shall be handled in accordance with the principle stipulated in Item 4, Paragraph 1, Article 1062 of the Civil Code.
Article 78 If a husband and wife sign a real estate sales contract 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, and the real estate is registered in the name of the down payment payer, 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 rule that the real estate belongs to the registrant, and the outstanding loan is the personal debt of the registrant. At the time of divorce, one party to the real estate registration shall compensate the other party according to the principle stipulated in the first paragraph of Article 1087 of the Civil Code.
Article 1087th of the Civil Code of People's Republic of China (PRC) stipulates that in case of divorce, the joint 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, 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 1062 The following property acquired by husband and wife during the marriage relationship is the common property of husband and wife and belongs to them:
(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 The following property is the personal property of one of the spouses:
(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.
How to handle personal property mortgage loan?
1. loan application: the borrower submits the purpose, amount and ti