The real case tells you: buy a house before marriage, and the house is divided like this when divorced!
Below, with a simple case, share with you how the house will be divided under various circumstances!
Buy a house after marriage
Case 1
Buying a house after marriage is funded by one parent, and the house is under the name of the children.
Miss Wang divorced Mr. Feng and asked for the division of the house. Mr. Feng agreed to divorce, but said that the two sides had no common property and the house was their own. Finally, the court agreed that the house was owned by Mr. Feng alone.
Nani, why doesn't the woman buy a house after marriage?
Description of the case:
It turns out that Mr. Feng's parents and sister bought the house in full. The Feng family can provide evidence such as bank payment vouchers, and the most important thing is that the house is registered in Mr. Feng's unilateral name.
Legal interpretation:
If one parent buys a house after marriage, the house is in the name of the child. If it is all the house payment or all the down payment, according to the provisions of the Judicial Interpretation of Marriage Law (III), if one parent buys a house after marriage and registers it in the name of the child, it is regarded as a personal gift to the child and belongs to the child's personal property. * * * For the repayment part, half compensation will be given to the other party after accounting.
If it is a partial down payment, then according to the provisions of Judicial Interpretation of Marriage Law (II), if the parents contribute to the purchase of houses for both parties after marriage, the contribution shall be considered as a gift to both husband and wife, unless the parents clearly indicate that it is a gift to one party.
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When buying a house after marriage, one parent contributes, and the house is registered in the name of the other or both parties.
Miss Lu's parents bought a two-bedroom apartment for the young couple on 12. The house was registered in the name of Mr. Wang, the son-in-law. 14 divorced. Miss Lu thought the house was bought by her parents and asked for her own!
Description of the case:
After Miss Lu married Mr. Wang, her parents invested in buying a house for her, and the property right was registered in Mr. Wang's name, which was in line with the gift to both Mr. Wang and his daughter and belonged to the joint property of husband and wife.
Legal interpretation:
If a house is bought after marriage, and one parent contributes money (whether full payment, full down payment or partial down payment) and it is not explicitly given to one party, if the house is registered in the name of the other party or both parties, it will be regarded as a gift from the parents, and the property will be owned by both husband and wife.
Case 3
After marriage, both parents contribute, and the house is under the name of the investor's children.
After Miss Wang and Mr. Chen got married, their parents invested 400,000 yuan to buy a three-bedroom apartment. At the time of divorce, Miss Wang did not agree to divide the property on the grounds that there was only her own name on the property certificate.
Description of the case:
Although there is only Miss Wang's name on the real estate license, according to the regulations: "If the property rights purchased by both parents are registered in the name of a child, the property can be recognized as shared by both parties according to their respective parents' share of capital contribution, and the property should be divided according to the proportion of capital contribution of both parents at that time. "
Legal interpretation:
When buying a house after marriage, both parents contribute, and the house is in the name of one of the contributors' children, and both parents * * * pay the down payment, the children will repay it. According to the provisions of Judicial Interpretation of Marriage Law (II), it is generally recognized as * * * and * *.
If the parents are sole proprietorships, the judicial interpretation of the Marriage Law (III) is generally applicable, and it is recognized as * * *.
If both parents and their children's married property jointly contribute to form the down payment, the parents' contribution is regarded as a gift to the other party, and the judicial interpretation of the Marriage Law is generally applicable (2) The house is recognized as owned by the husband and wife.
Case 4
Buying a house after marriage is funded by both parents, and the house is under the names of both children.
Miss Lai and Mr. Pan's parents invested 800,000 yuan and 6,543.8+0.5 million yuan respectively to buy a house for them in full, but they did not sign any agreement and the house was registered in their names. Mr. Pan thinks that his contribution is too much and should be divided in proportion, but Miss Lai disagrees.
Legal interpretation:
After marriage, if the parents do not clearly indicate which party to give it to, the capital contribution shall be regarded as a gift to both husband and wife, unless the parents clearly indicate that it is a gift to one party. In other words, even if the capital contribution is not equal, it is equally divided.
Case 5
After marriage, one party buys a house with personal property.
Miss Yang is a rich second generation. After marriage, she made a down payment of 300,000 yuan, but the house was registered in her husband's name. Now Miss Yang is suing for divorce and demanding that the property be owned by herself. Mr. Zhang agreed to divorce, but said that the house was his own, because his name was registered on the real estate license.
Case explanation:
Although Miss Yang paid all the down payment of the house, registering the house in her husband's name is a gift that she contributed to each other's personal property with her own behavior, so the house should be treated as the property of both parties.
Legal interpretation:
If one party purchases the house after marriage with personal property before marriage, and the house is in its own name and the down payment has been paid in full, it shall be treated as * * * first, and then as * * *; If paid in full, it will be regarded as personal property.
If the house is under the name of both parties or the other party, the personal property contribution shall be regarded as a gift to the other party, and the whole house shall be treated as the same property.
Case 6
When buying a house after marriage, both parties borrow all or part of the purchase price.
After marriage, Miss Ji and Mr. Hu borrowed 600,000 yuan and 200,000 yuan respectively to pay for the house purchase. Miss Ji thinks that she has invested a lot and the house should be her own, while Mr. Hu thinks that the house is shared by both parties, and each person is divided into half.
Legal interpretation:
If you buy a house after marriage and both parties borrow all or part of the purchase price, the house belongs to the same property and the debt belongs to the same debt. In other words, the house really needs to be split in half.
Case 7
After marriage, one party borrowed all the house purchase money or all the down payment.
Ms. Yang and Mr. Wu bought a house after marriage. Mr. Wu borrowed a down payment of 390,000 yuan, and Ms. Yang helped Mr. Wu pay his debts together.
Legal interpretation:
When buying a house after marriage, if one party borrows all the purchase price or all the down payment, if one party borrows it privately and the other party agrees to repay it, then the house is the same property, and of course the debt is also the same debt.
If one party borrows money privately, the house is in the borrower's name, and the borrower's parents repay the loan, if there are no other factors, it is personal property.
Buy a house before marriage
One of the husband and wife pays the full house price before marriage.
One of the husband and wife (himself or his parents) pays off all the house price before marriage and obtains the real estate license, then the house is pre-marital property, and the appreciation of the house after marriage has nothing to do with the spouse! At the time of divorce, the other party has no right to ask for division. There is no agreement, even if your name is added to the real estate license after marriage, the house has nothing to do with you.
One of the husband and wife pays the down payment before marriage, and the husband and wife repay the loan after marriage.
If one party pays the down payment before marriage, the value-added part of the house after marriage and the repayment part are regarded as the same property. * * * The same repayment part, whether it is one person or two people, is shared by husband and wife. (except those who can prove that the loan repayment funds come from personal pre-marital property).
Before marriage, both husband and wife contributed to buy a house (including a loan).
No matter whether there is only one party's name or both parties' names on the property ownership certificate, they all belong to the same property. At the time of divorce, the house still has a loan, and only the part of the house that has been loaned can be divided into values. The party that has obtained the house compensates the party that has not obtained the house, and the party that has obtained the house repays the remaining mortgage principal and interest separately. If there is only one party's name, the other party needs to prove that he paid the money.
Other issues
There is a third person besides husband and wife. How to divide the house after divorce?
In addition to the names of husband and wife, there are also the names of children or parents on the real estate license. In this regard, the court will generally not hear it, and the parties will sue another case.
If one of the spouses is obviously at fault, how to divide the house after divorce?
Generally speaking, the fault party of marriage refers to the person who should be responsible for the breakdown of marriage relationship. For example, the husband has an affair, the wife has a domestic violence, and the husband is addicted to gambling. In practice, courts tend to safeguard the interests of the innocent party when dividing marital property.
How to divide property when you have children in divorce?
In judicial practice, the interests of children and women will be taken care of. The "care" here can not only give the woman extra points in the property share, but also give the house to the woman (the woman needs it especially). At the same time, the legal property of minors cannot be included in the division of marital property.