The house bought before marriage is still returned after marriage. Does * * * have property?

Hello, if you buy a house before marriage and the husband repays the loan after marriage, it is not the same property as the husband and wife; 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.

Buying a house before marriage and repaying the loan after marriage is the common property of husband and wife?

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 China's laws generally judge the ownership of houses according to who contributes. If both men and women contribute, the property is distributed through the proportion of men and women. Unless otherwise agreed by the husband and wife.

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 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's court may decide that the real estate belongs to the party with registered property rights, and the unpaid loan is the personal debt of the party with registered property rights. 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.

legal ground

Article 1063 of the Civil Code stipulates that the following property is the personal property of one spouse:

(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.