Pre-marriage loan to buy a house after marriage, * * * repayment loan and * * * are not the same property, but belong to personal property, but the repayment part after marriage is the same property, and divorce can be divided. 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.

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, which is the division of the house 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 own the house by means of 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, then the houses repaid after marriage 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, and the house has not obtained the real estate license at the time of divorce.

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.

6. Parents participate in the purchase of housing, children divorce and divide housing.

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, when the court divides the house, it will tell the party who advocates borrowing money that it can sue another case.

7. There is a third person's name on the real estate license, and the division of the house 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.

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

legal ground

People's Republic of China (PRC) Civil Code

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.