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How to deal with the couple's premarital property when divorce

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How to deal with the couple's premarital property when divorce


        

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  • 2024-06-25 00:00:50

    As there are several different situations in the pre marital real estate of husband and wife, the division of such pre marital real estate should also depend on the specific situation:
    (1) The house is purchased by one party of the husband and wife before marriage with the down payment registered in the name of the down payment party, but the husband and wife repay the loan together after marriage. According to the Judicial Interpretation of the Marriage Law
    (3) According to the provisions of, before marriage, one of the husband and wife signed a housing sales contract, paid the down payment with their personal property, and made a loan in the bank. After marriage, they used their common property to repay the loan. The house property was registered in the name of the party who paid the down payment, and the divorced house property belonged to the party who registered. Therefore, in this case, there are laws to follow on how to divide the registered property. The outstanding loan is the personal debt of the party who obtained the house property. Since the husband and wife jointly repay the loan after marriage, the other party needs to be compensated when the divorced house property is divided. If both parties have an agreement on the ownership of the property, it shall be handled according to the agreement.
    (2) The house that is purchased in full by the parents of one spouse before marriage and whose property right is registered in the name of their children. If the parents of one party fully subsidize their children to buy a house before marriage, and the house property right is registered in their children's name, the house property belongs to the personal property of the registrant before marriage. When the divorce house property is divided, the other party has no right to request the division of the registered house property.

    y***

    2024-06-25 00:00:50

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