It does not necessarily belong to common property. Whether buying a house before marriage belongs to common property shall be determined according to the situation:
1. The house purchased by one party in full before marriage, if registered in its name, belongs to its personal property, not to its common property;
2. If one party pays the first payment before marriage, the house property is registered in its name, and after marriage, the loan is repaid with the joint property of the husband and wife, it belongs to the joint property of the husband and wife;
3. Before marriage, if the husband and wife jointly contribute to the purchase, it belongs to common property.
Common property refers to the property owned by the husband and wife during their common life as recognized by law. Both parties have the right to use the property, which can be material, capital, or abstract property; The allocation of property shall be evaluated by using the agreed measurement standard according to the national regulations.
[Legal Basis]
Article 78 of the Interpretation of the Supreme People's Court on the Application of the Marriage and Family Code of the Civil Code of the People's Republic of China (I), where one of the spouses signed a real estate sales contract before marriage, paid the down payment with personal property and borrowed money from the bank, and paid the loan with the joint property of the couple after marriage, and the real estate was registered in the name of the down payment payer, At the time of divorce, the real estate shall be disposed by both parties through agreement.
If no agreement can be reached according to the provisions of the preceding paragraph, the people's court may make a judgment that the real estate belongs to the registration party, and the outstanding loans are the personal debts of the real estate registration party. The amount paid by the two parties after marriage and the corresponding property appreciation shall be compensated by one party of the real estate registration to the other party according to the principle specified in the first paragraph of Article 1087 of the Civil Code at the time of divorce.
