Current location - Loan Platform Complete Network - Loan intermediary - When buying a house before marriage, the man pays the down payment and the woman pays the decoration money. How to divide property in divorce?
When buying a house before marriage, the man pays the down payment and the woman pays the decoration money. How to divide property in divorce?
Xiaoyun and her boyfriend Xiaogang have been together since graduation. After several years of hard work, with a certain amount of savings, the two sides are going to buy a house and get married in 2007. They took a fancy to a two-bedroom and one-bedroom house on Lian Road in Minhang District, which was worth 800,000 at that time. Xiaoyun also took out some savings to buy a house, but Xiaogang said generously: "In my hometown, the man is responsible for buying a wedding room. You don't have to worry about this. " Xiaogang paid a down payment of 250,000 yuan and applied for a mortgage loan of 550,000 yuan. Xiaoyun is responsible for all the decoration expenses. Married for half a year, the real estate license was issued and Xiaogang's name was registered. Five years later, the couple decided to divorce. During the divorce negotiation, Xiaoyun asked to divide the property, but Xiaogang refused: "This house was bought by me before marriage and belongs to my personal property before marriage." The two sides are deadlocked and can only appeal to the court. The judge reminded Xiaoyun that the property was likely to be identified as Xiaogang's premarital property and suggested that she consider a mediation plan. "I asked Xiaogang to refund the original decoration fee. In addition, the current value of the house has increased by 300,000. Without my renovation and maintenance and participation in loan repayment, it is impossible for the house to increase in value, so I also want half of the value-added money. " Xiaoyun didn't know whether his request was feasible or not, and eagerly asked the lawyer for proof. The lawyer replied 1. The house belongs to the man's personal property before marriage, and the woman has no right to ask for the division of property. This case involves the division of pre-marital mortgaged property. Pre-marital mortgage property refers to the property purchased by a husband and wife through bank mortgage before marriage and repaid by both husband and wife after marriage. The ownership of pre-marital mortgage property is very unified in current legal practice, that is, the property belongs to one party's pre-marital property. Article 19 of the Supreme People's Court's Interpretation on the Application of Several Issues clearly stipulates that the property owned by one spouse shall not be converted into the joint property of the husband and wife due to the continuation of the marriage relationship. Real estate license is a creditor's right based on the pre-sale contract of commercial housing signed by buyers and developers. The issuance of property right certificates by the real estate management department is actually a process in which the creditor's rights before marriage are transformed into property rights, which does not mean that the house that obtains the property right certificate after marriage is the real estate after marriage. In this case, Xiaogang has obtained the ownership of the wedding room after signing the contract and paying the down payment. The house belongs to his personal property before marriage, and Xiaoyun has no right to demand that the house be divided into the joint property of husband and wife. 2. Half of the * * * loan should be returned to the woman. According to the law, the amount paid by husband and wife in pre-marital mortgage property can be understood as paying off one party's pre-marital personal debt with husband and wife's property, and the amount paid by husband and wife should be classified as the division of property between husband and wife during divorce, and the buyer compensates the other party with half of the loan paid by husband and wife. 3. The value-added of personal property before marriage belongs to the man himself. One party who has not bought a house cannot distribute the appreciation of the other party's personal property before marriage. As the pre-marital personal property of buyers, buyers enjoy ownership, income rights and disposal rights. The appreciation of real estate is based on the behavior of buyers buying real estate before marriage, not on the behavior of repaying loans after marriage. Whether the house will appreciate, and how much, depends on market factors, not how much the mortgage is still not paid. So in this case, although the house has increased by 300 thousand, Xiaoyun can't get it. 4. The decoration money should be returned appropriately. According to the theory of "attachment" in civil law, Xiaoyun decorated all the houses owned by Xiaogang with personal investment before marriage, so that the houses realized value-added, and the value-added part was owned by Xiaoyun. At the time of divorce, compensation should be obtained after appropriate depreciation according to the original decoration funds and the current housing situation. The woman can ask for appropriate financial help. Xiaoyun didn't own a house after her divorce. At present, the legal provisions fully consider the interests of vulnerable groups, and Xiaoyun can ask Xiaogang to give appropriate economic help according to the legal provisions. Article 42 of the Marriage Law stipulates that during the period of divorce, if one party has difficulties in life, the other party should give appropriate help from his personal property such as his house. Specific measures shall be agreed by both parties; If the agreement fails, the people's court shall make a judgment. Article 27 of the Supreme People's Court's Interpretation on Several Issues (1) stipulates that "one party has difficulties in life" mentioned in Article 42 of the Marriage Law refers to those who cannot maintain the local basic living standard by relying on personal property and property shared at the time of divorce. If one party has no place to live after divorce, it is difficult to live. When divorcing, one party can use the house in his personal property to help people who have difficulties in life, which can be the right of residence or the ownership of the house.