Loan to buy a house before marriage, and one person will repay the loan after marriage.
Buying a house with a loan before marriage, paying off the loan by one person after marriage, buying a house with a loan before marriage, paying off the loan by one person after marriage, how to allocate divorced real estate, there are more and more newlyweds, and many people don't know the legal knowledge, so I will tell you the answer with real cases.
Loan before marriage to buy a house and repay the loan by one person after marriage 1
One party buys a house before marriage and repays the loan separately after marriage. How to divide property in divorce?
For the compensation for the value-added part of real estate, we can consider the principle of dividing the source of housing funds and their proportion in the total housing price.
1. The down payment paid by one party and the loan repaid by the individual when buying a house before marriage are natural appreciation of the property, not investment income, and should not be divided into the joint property of husband and wife.
2. The part that both parties repay the loan after marriage belongs to the joint property of husband and wife, and the corresponding property appreciation should also belong to the joint property of husband and wife. The owner of the house should not only compensate the other couple for half of the loan repayment, but also compensate the appreciation of the property corresponding to the loan repayment.
For the outstanding loan, the outstanding loan is the personal creditor's right of the owner of the house, and its corresponding property appreciation should also belong to the owner of the house, and the other party has no right to demand the division of its corresponding value-added part.
Related case
Mr. Lin bought a house in 2002, and the total house price was 6,543,800 yuan+0.8 million yuan, of which Mr. Lin made a down payment of 80,000 yuan, and the rest was mortgaged. The property right is registered under Mr. Lin's name, and the loan is repaid with the provident fund every month. In 2003, Mr. Lin married Miss Yang. After the marriage, Mr. Lin still used his provident fund to repay the loan. 20 12 asked for a divorce because of disagreement with Mr. Lin. Miss Yang asked for the division of property. In the lawsuit, both parties agreed that the house was worth 300,000 yuan at the time of marriage, 24,000 yuan was repaid by Mr. Lin before marriage, 48,000 yuan was repaid during the marriage, and 28,000 yuan has not been repaid. Now the house is worth 6.5438+0.4 million yuan.
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 joint property of husband and wife 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. In accordance with the provisions of the preceding paragraph, if the two parties fail to reach an agreement, the people's court may decide that the real estate belongs to the party registering property rights, and the outstanding loan is the personal debt of the party registering property rights. When both parties get married, the amount paid to repay the loan and the corresponding value-added part of the property shall be compensated by the property registration party to the other party.
In this case, if Mr. Lin and the young lady fail to reach an agreement on the ownership of the house, they should judge that the house belongs to Mr. Lin. How to deal with the repayment part? We should consider the following aspects:
As for the principal part of the loan, as long as it is repaid during the marriage relationship, no matter which party's income the repayment funds come from, it should be regarded as the joint property of husband and wife to repay the loan. If the husband and wife have no special agreement on repayment, they can generally divide it according to the principle of one person and half.
Legal basis: Civil Law
Article 1062 The following property acquired by husband and wife during the marriage relationship is the property of husband and wife and belongs to husband and wife:
(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 Personal property of husband and wife 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.
Pre-marital loan to buy a house and one person to repay the loan after marriage 2
According to the provisions of this article, marital property in China has the following characteristics:
1. Husband and wife * * * are married couples. Men and women who have not formed a marriage relationship, such as unmarried cohabitation, cohabitation outside marriage, and both men and women whose marriage is invalid or revoked, cannot become the subject of property owned by husband and wife * * *.
2. The joint property of husband and wife is the property acquired during the marriage relationship, and the pre-marital property does not belong to the joint property of husband and wife. During the period of marriage, from the date of conclusion of legal marriage to the effective date of death or divorce of one spouse.
3. The source of the joint property of husband and wife is the property acquired by both husband and wife or one of them, including both the property acquired by husband and wife through labor and other legal property acquired by non-labor. Of course, unless the law directly stipulates that it is personal property or the husband and wife agree that it is personal property. The "income" mentioned here refers to the acquisition of property rights and does not require the actual possession of property. If one party obtains the property such as the manuscript fee before marriage, but does not actually obtain it, the manuscript fee after marriage shall be paid by the publishing house. At this time, the manuscript fee does not belong to the joint property of husband and wife. Similarly, if the publishing house promises to pay a fee after marriage, but does not get the fee until the marriage is dissolved, then the fee also belongs to the husband and wife's property.
4. Husband and wife have equal ownership of the same property, and both parties have equal rights and assume equal obligations. Husband and wife have equal rights to dispose of all property. In particular, unless otherwise agreed, the husband and wife shall obtain the consent of the other party for the disposal of the same property.
5. Property that cannot be proved to belong to one spouse is presumed to be the joint property of husband and wife. "Several Specific Opinions on People's Courts Handling Divorce Cases" (hereinafter referred to as "Opinions") stipulates: "If it is difficult to identify personal property or joint property of husband and wife, the party claiming rights has the responsibility to prove it. If the parties can't produce strong evidence and the people can't verify it, it will be handled according to the joint property of husband and wife. " This provision is the legal embodiment of this principle. There are similar regulations abroad. Article 226 of the Swiss Civil Code stipulates: "Any property that has no evidence to prove that it belongs to the personal property of one spouse is regarded as the joint property of the husband and wife."
6. The division of marital property should be divided equally in principle. According to the actual needs of production and life, the source of property. , settled by both parties through consultation. If the agreement fails, the people's court shall, according to the specific circumstances of the property, take care of the rights and interests of the children and the woman and make a judgment.
7. If one of the spouses dies and divides the estate, half of the marital property shall be given to the other spouse first, and the rest shall be the estate of the deceased, which shall be handled according to the inheritance law.
Repaying the loan during the existence of the husband-wife relationship is regarded as repaying the loan with the same property, and the other party may ask the owner of the house to provide compensation, and the value-added part shall be compensated. If you have any other questions, I suggest you log on to the legal chart platform to consult a professional lawyer and provide effective suggestions for your family harmony.
One of the husband and wife buys a house with personal property before marriage and mortgages the loan. Before marriage, they apply for the real estate license of both husband and wife as the owner, and both parties repay the loan together after marriage.
In this case, the house is the personal property of one party, and the other party has no right to ask for division when divorcing. However, the spouse who participates in the repayment together with * * * has the right to ask the other party to return the paid-off part.
What needs to be clear here is that * * * repays the loan with one party's personal salary or both parties' salary, which should be considered as * * * repaying the loan with the same salary. Therefore, when a house with a loan is divorced, one party who repays the loan can ask the other party to return the house payment. You can also claim compensation for the appreciation of the house.
Pre-marital loan to buy a house and one person to repay the loan after marriage 3
Is it the same property for one person to repay the loan after marriage?
According to the relevant provisions of the Civil Code, whether buying a house or repaying a mortgage before or after marriage, both husband and wife should use the same property to repay the loan after marriage, and the value-added income from buying a house and buying a house after marriage belongs to the same property. However, if only one party repays the mortgage for some reason, and if the property is to be divided, you can ask a lawyer to assist the husband and wife in negotiation.
The property jointly owned by husband and wife refers to the property jointly owned by husband and wife during the existence of the relationship. The so-called duration of the relationship between husband and wife refers to the period from the marriage of one spouse to the death or divorce of one spouse. The property acquired by the husband and wife during this period belongs to the common property of the husband and wife, unless there is an agreement. The divorce period of husband and wife is also the duration of the relationship between husband and wife, so the property obtained during the divorce period of husband and wife is regarded as the same property unless otherwise agreed.
Not usually, but there are two situations. First: if one party repays the loan with the joint property of husband and wife, the part paid before marriage belongs to personal property, but the repayment and value-added part after marriage enters the joint property of husband and wife. Second: if one party repays the loan with his own property after marriage, then the property is still owned by the individual. The first case belongs to a special aspect and does not belong to one party in the sense of repayment. It is worth mentioning that the laws of China generally determine the ownership of houses according to who contributes, such as
If both men and women contribute, the property will be distributed through the ratio of men and women. Unless otherwise agreed by the husband and wife.
Article 10 of Judicial Interpretation III of the New Marriage Law 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 it 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 may decide that the real estate belongs to the party whose property right is registered, and the unpaid loan is the personal debt of the party whose property right is registered. After marriage, the amount paid by both parties to repay the loan and the corresponding value-added part of the real estate shall be compensated to the other party by the party handling the property right registration according to the principle stipulated in the first paragraph of Article 39 of the Marriage Law. At this time, for the house purchased by one spouse before marriage, even if the husband and wife jointly repay the loan after marriage, the house belongs to the one who bought the house at the time of divorce, and the other party can only get partial compensation.
Buying a house with a loan before marriage, how to distribute property after divorce?
Legal Analysis: In mortgage to buy a house before marriage, if the loan is repaid with the joint property of husband and wife after marriage, the house belongs to the joint property of husband and wife. Both parties can negotiate on the ownership of the house. If negotiation fails, the people will make a judgment. If both parties want to obtain the ownership of the house, they can bid, and the party that obtains the ownership of the house at a high price should compensate the other party accordingly. Legal basis: Article 1076 of the Civil Code of People's Republic of China (PRC) stipulates that if a husband and wife divorce voluntarily, they should sign a written divorce agreement and apply for divorce registration in person at the marriage registration office. The divorce agreement shall specify the expression of willingness of both parties to divorce and the consensus on matters such as child support, property and debt disposal. Article 1079 If one of the spouses requests a divorce, the relevant organization may mediate or directly file a divorce lawsuit with the people. The people's court shall mediate in the trial of divorce cases; If the relationship has indeed broken down and mediation is ineffective, divorce should be granted. Divorce shall be granted if mediation fails under any of the following circumstances: (1) bigamy or cohabitation with others; (2) committing domestic violence or abusing or abandoning family members; (three) gambling, drug abuse and other bad habits; (four) separated for two years due to emotional discord; (5) Other circumstances that lead to the breakdown of the marriage relationship. If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted. After the people's court has ruled that divorce is not allowed, the two parties have been separated for one year, and if one party files a divorce lawsuit again, it shall be allowed to divorce. Article 1085 If a child is directly raised by one party after divorce, the other party shall bear part or all of the alimony. The amount and duration of the expenses shall be agreed upon by both parties; If the agreement fails, it is up to the people to decide. The agreement or judgment stipulated in the preceding paragraph shall not prevent the children from making reasonable demands to either parent over the original agreement or judgment when necessary. Article 1087 At the time 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 according to 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.
Buying a house with a loan before marriage and buying it after marriage, is it a second suite?
As long as the house bought by pre-marriage loan is registered, buying a house after marriage belongs to the second suite, but the per capita area of the house bought by pre-marriage loan is no more than 22 square meters, which meets the standard of improved housing, and buying a house after marriage is the first suite. However, if the latter needs a second loan after marriage, it shall be implemented according to the second suite standard. At present, all banks not only look at the house under the name of the loan applicant, but also look at the loan record. Even if there is no house in the name of the lender, or the house is sold, as long as they have a loan record and apply for a mortgage again, they will be recognized as the second suite. If the real estate registration is not found, the bank will also verify the real estate. As long as there is a room under the name, the purchase will be carried out according to the standard of the second suite. Legal basis: Article 209 of the Civil Code of People's Republic of China (PRC) establishes, changes, transfers and extinguishes the real right of immovable property, which will take effect after being registered according to law; Without registration, it will not take effect, except as otherwise provided by law. Natural resources owned by the state according to law may not be registered.