1, if you buy a house before marriage, and the house price is paid off, it will be regarded as personal property before marriage, and you will not participate in the division of husband and wife's property at the time of divorce. ?
2. If the down payment is paid before marriage, and the rest is mortgaged, the name of one party (or one parent) is listed in the real estate license, then the real estate itself is an individual's pre-marital property, but the mortgage paid after obtaining the license belongs to the joint property of the husband and wife, and it can be divided when divorcing. ?
3. Whoever buys a house after marriage, no matter whose name is on the real estate license, who pays the down payment and who pays more, the house belongs to the husband and wife.
According to the provisions of Interpretation III of Marriage Law in China
Article 6 Before marriage or during the marriage relationship, if the parties agree to give the property owned by one party to the other party, and the donor cancels the gift before the change registration of the donated property, and the other party requests an order to continue the performance, the people's court may handle it in accordance with the provisions of Article 186 of the Contract Law.
Article 7 If the property right of the house property purchased by one parent for their children after marriage is registered in the name of the investor's children, it can be regarded as a gift to only one of their children according to the provisions of Item (3) of Article 18 of the Marriage Law, and the house property shall be deemed as the personal property of the husband and wife.
If the property right of the house purchased by both parents is registered in the name of a child, the house can be regarded as shared by both parties according to their respective parents' share of capital contribution, unless otherwise agreed by the parties.
Article 18 After divorce, if one party brings a division lawsuit to the people's court on the grounds that the husband and wife still have joint property, the people's court shall divide the property according to law.
Extended data:
Related cases:
Qin Xiao (a pseudonym) and her boyfriend are going to buy a house and get married. Both families paid part of the down payment. As they haven't got the certificate yet, I wonder if they can add their names to the real estate license. "Because the new marriage law stipulates that if there is no woman's name on the real estate license, the house will have nothing to do with the woman after divorce ..." Qin Xiao said.
Lawyer Hou Delong said that two people's names can be written on the pre-marital house purchase contract, which is related to * * * *. And even ordinary friends, two or more people with any relationship can become the owners of the real estate license. At the same time, the relationship between * * * can be divided into * * * and * * * and * * *. When handling the real estate license, it can be agreed that there is * * * or * * * and * * *. You can also apply for a loan in the name of two people.
Baidu Encyclopedia-Interpretation of Marriage Law III
People's Network-Does buying a house before marriage belong to the same property? Lawyer: It's personal property.