1. The house purchased by one party before marriage has been paid in full and belongs to the property of one party before marriage.
The marriage law stipulates that one party's pre-marital property is the property of husband and wife. The judicial interpretation of the Supreme People's Court Marriage Law (1) also 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. As one of the husband and wife paid off all the house payment before marriage and obtained the real estate license, the house is undoubtedly pre-marital property.
Second, houses purchased by one party with personal property after marriage belong to one party's property.
Three, the husband and wife make a one-time investment after marriage, and divorce after obtaining the house property certificate. According to the provisions of Article 17 of the Marriage Law, "the property acquired by husband and wife during the marriage relationship shall be jointly owned by husband and wife". As long as the husband and wife have not explicitly agreed in advance that the property belongs to one of them, no matter which party on the house purchase contract or the house ownership certificate is the purchaser or the owner, no matter whether there is a * * * person on the house purchase contract or the house ownership certificate, no matter how much the husband and wife contribute, the property belongs to both husband and wife.
4. A house rented by one party before marriage and purchased with the same property after marriage shall be recognized as the joint property of husband and wife if the house ownership certificate is registered in the name of one party. According to the basic principles of the Marriage Law and the provisions of the Judicial Interpretation of the Marriage Law in the Supreme People's Court (II), this kind of house still belongs to the income obtained during the marriage relationship. If it is purchased with the joint property of husband and wife, it should be recognized as the joint property of husband and wife.
5. Houses (including loans) purchased by husband and wife with the same property after marriage belong to the common property of husband and wife, and are divided equally at the time of divorce. For the divided mortgaged property, because there is still the problem of continuing to repay the bank loan, one party will get the property, continue to repay the loan principal and interest to the bank, and pay half of the house price to the other party.
If the down payment before marriage and the loan repayment are owned by one person, the house belongs to this person's personal property, and the loan repayment after marriage can be regarded as the joint property of husband and wife, and both husband and wife are equally divided. If the inheritance given by your parents also belongs to your personal property, you don't have to pay too much when you accept the inheritance or gift, but if you want to sell the house in the future, you have to pay a heavier inheritance gift tax.