Mr.lee real estate information consultation

According to Article 10 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (III), one spouse signs a real estate sales contract before marriage, pays the down payment with personal property and borrows 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, the people's court may decide that the real estate belongs to the party with registered property rights, and the party with registered property rights shall compensate the other party.

Because it is impossible to be absolutely fair when dealing with the ownership of mortgaged houses during divorce, disputes can only be resolved on the basis of relative fairness. If only the time of obtaining the property right certificate is taken as the standard, it may be obviously unfair to one party to classify the mortgaged house as personal property before marriage or joint property of husband and wife after marriage. As we all know, the acquisition of the property right certificate is often out of sync with the actual delivery time of the house, and many houses have been unable to obtain the property right certificate for reasons other than property buyers. The legislative purpose of real estate registration is to maintain the security of transactions and protect the interests of bona fide third parties, while the division of mortgaged houses in divorce proceedings is only carried out between husband and wife, and there is no conflict of interest with bona fide third parties. If the time of obtaining the house title certificate is taken as the property nature division standard mechanically, and one party pays most of the house purchase price before marriage, the house title certificate is obtained after marriage only because of various factors other than the purchaser, then it is obviously unfair for the party who paid the house purchase price before marriage to identify the mortgaged house as the property of husband and wife. In the same way, one party paid most of the purchase price before marriage, but the house was actually delivered after marriage due to the delay of the real estate agent. If the delivery time of the house is taken as the standard for dividing the nature of the house, I am afraid it is difficult to achieve a fair result. In addition, it is not in line with the original intention of one spouse to regard the behavior of one spouse participating in repaying the loan during the marriage relationship as a loan, and it also deprives him of the right to own his own property or invest in other aspects to make profits. Therefore, for the appreciation of the mortgaged house after marriage, we should consider the contribution made by the husband and wife to repay the loan and make fair and reasonable compensation.