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How to compensate the other party for the unpaid mortgage after divorce

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How to compensate the other party for the unpaid mortgage after divorce


        

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  • 2024-06-23 16:00:48

    If one of the husband and wife signed a real estate sales contract before marriage, paid the down payment with their personal property and borrowed money from the bank, and used their joint property to repay the loan after marriage, and the real estate was registered in the name of the down payment payer, the real estate should 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 property right registration party, and the outstanding loans are personal debts of the property right registration party.
    The amount paid by both parties after marriage and the corresponding property appreciation shall be compensated by one party of property right registration to the other party according to the principle specified in the first paragraph of Article 39 of the Marriage Law at the time of divorce.
    Article 40 of the Marriage Law stipulates that the husband and wife agree in writing that the property they have obtained during the marriage relationship shall belong to each other; If one party has paid more obligations for raising children, caring for the elderly, assisting the other party in work, etc., it has the right to request compensation from the other party at the time of divorce, and the other party shall make compensation.

    B***

    2024-06-23 16:00:48

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