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How to Divide House Purchase and Divorce before Marriage

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How to Divide House Purchase and Divorce before Marriage


        

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  • 2024-06-22 13:00:56

    1. Before marriage, one of the husband and wife purchased the house with their personal property and mortgaged the loan. Before marriage, they handled the property ownership certificate of one of the husband and wife as the owner, and after marriage, both parties paid the loan together.
    In this case, the house is the personal property of one party, and the other party has no right to ask for division in case of divorce. However, the spouse who has participated in the joint repayment of the loan has the right to require the other party to return the part repaid.
    What needs to be clear here is that joint repayment of loans should be recognized as joint repayment of loans, whether it is the personal salary of one party or the salary of both parties. Therefore, when a house with a loan is divorced, the party who pays the loan together can request the other party to return the loan. For the part of house appreciation, compensation can also be requested.
    2. Before marriage, one of the husband and wife purchased a house with their personal property and made a mortgage loan. After marriage, both parties paid the loan together and obtained a property certificate after marriage.
    The mortgaged house in this situation is the pre marital personal property of one party, which will not be divided at the time of divorce. Because one party purchased and mortgaged the house with personal property before marriage, the property certificate obtained after marriage is the confirmation of the house purchased before marriage and does not belong to the joint property of husband and wife.
    If the property right certificate is recognized as the joint property of husband and wife only because it was obtained after marriage, there will be a phenomenon that one party has no capital contribution at all but becomes a co owner of the house only because of marriage. This result violates the principle of fairness.
    3. Before marriage, the husband and wife purchased the house with their common property and mortgaged the loan, and after marriage, they jointly repaid the loan. Before marriage, they obtained the property ownership certificate and the property ownership certificate was registered in one party's name.
    Generally, the basis for determining who owns the property is the name on the property certificate. Therefore, it is very easy to be identified as the property of the registrant at this time.
    Therefore, at this time, when the unregistered party claims that the house is common property, first, it must prove that it has fulfilled its obligation to contribute to the purchase of the house before marriage; Second, it is necessary to prove that before marriage, they made their capital contribution on the premise that both parties agree that the house they bought is jointly owned. If the corresponding evidence cannot be provided, the property will be identified as the property of one party and will not be divided at the time of division.
    4. Before marriage, one parent of the husband and wife participated in the purchase and obtained the property ownership certificate after marriage.
    According to the provisions of the law, if the parents contributed to the purchase of a house for both parties before the marriage of the husband and wife, the contribution should be recognized as a personal gift to their own children, except for those whose parents explicitly expressed that they would donate to both parties.
    Therefore, the ownership of the house is not affected by the parents' contribution to buy the house before marriage and the joint repayment of the loan after marriage. At this time, when the divorce mortgage house is divided, it does not participate in the division, and only belongs to one party.

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