The key to judge whether it belongs to premarital property is that the time to obtain property rights is before marriage. Property right is acquired before marriage and actually possessed after marriage, and its nature belongs to personal property before marriage.
According to the relevant provisions of Judicial Interpretation III of Marriage Law:
Article 10 If a husband and wife sign a real estate sales contract before marriage, pay the down payment with personal property and borrow money from the bank, and repay the loan with the same property after marriage, and the real estate is registered in the name of the down payment payer, 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. At the time of divorce, one party to the registration of property rights shall compensate the other party in accordance with the principle stipulated in the first paragraph of Article 39 of the Marriage Law (at the time of divorce, the property of husband and wife shall be handled by mutual agreement).
Extended data
Case:
In 2005, Xiaoqiu bought a house with a total price of 400,000 yuan in Shangcheng before marriage, and Xiaoqiu paid a down payment of 200,000 yuan. After the marriage, Xiaoqiu and her husband mortgaged together.
20 10, Xiaoqiu divorced. During the marriage, the mortgage repayment was 77,206,438+07 yuan, and the house rose to 933,000 yuan.
The court ruled that the house belonged to Xiaoqiu, and she had to pay her husband 38,603.09 yuan for half of the property after marriage and 70,000 yuan for the value-added part of the house.
At the time of divorce, the general court decides who owns the house. The mortgage is repaid by both husband and wife, and the part returned by this * * * belongs to the same property. At the time of divorce, half should be returned to the other party, and the value-added part of the mortgage should also be returned to the other party.
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