Enquiring knowledgeable people Inquisitive education Hospital Treasury

The house was bought by the boyfriend before marriage, and the loan was paid together after marriage. How to split the house in case of divorce

home page

The house was bought by the boyfriend before marriage, and the loan was paid together after marriage. How to split the house in case of divorce


        

Submit answer
Favorable reply
  • 2024-06-20 08:00:02

    The division of real estate should first clarify what marital property is and the scope of marital property. Different houses have different segmentation methods depending on the actual situation.
    1. One parent contributed to purchase the house.
    If the property right of the real estate purchased by the parents of one party for their children is registered in the name of the children of the contributor, it can be regarded as a gift to one of their children only according to the provisions of Item (3) of Article 18 of the Marriage Law. The real estate should be recognized as the personal property of the husband and wife.
    2. Both parents contributed to purchase the house.
    The property right of the real estate purchased by the parents of both parties and registered in the name of a child of one party can be recognized as shared by both parties according to their parents' share of capital contribution, unless otherwise agreed by the parties. After marriage, the house purchased by the parents of both parties, regardless of the name of the party whose property right is registered, shall be divided according to the share of capital contribution when divorce occurs.
    3. One party makes the first payment before marriage to buy a house and repay the loan after marriage.
    When the real estate is registered in the name of the down payment payer, the real estate shall be disposed by both parties through agreement. The people's court that cannot reach an agreement in accordance with the provisions of the preceding paragraph may judge that the loans that have not been repaid by the party whose real estate belongs to the property right registration party are the personal debts of the party whose 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 in accordance with the principle specified in the first paragraph of Article 39 of the Marriage Law.
    Article 42 of the Marriage Law [Appropriate help] If one party is in difficulty in life during divorce, the other party shall provide appropriate help from his or her housing and other personal property. The specific measures shall be decided by the people's court if the two parties fail to reach an agreement.
    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)
    Article 6 The people's court that the parties agreed to donate the house property owned by one party to the other before marriage or during the duration of the marriage relationship may handle the case in accordance with the provisions of Article 186 of the Contract Law if the donor cancels the donation to the other party before the registration of the change of the donated house property.
    Article 7 After marriage, the property right of the real estate purchased by one party's parents for their children, if registered in the name of the contributor's children, can be regarded as a gift to one of their children only according to the provisions of Item (3) of Article 18 of the Marriage Law. The real estate should be recognized as the personal property of the husband and wife.
    The property right of the real estate purchased by the parents of both parties and registered in the name of a child of one party can be recognized as shared by both parties according to their parents' share of capital contribution, unless otherwise agreed by the parties.
    Article 11 The people's court that one party sells the house jointly owned by the husband and wife without the consent of the other party and the third party purchases the house in good faith, pays reasonable consideration and goes through the property right registration procedures shall not support the other party's claim to recover the house.
    The people's court that one spouse disposes of the jointly owned house without authorization and causes losses to the other party shall support the other party's claim for compensation in divorce.
    Article 12 The people's court that the other party claims to divide the house according to the common property of the husband and wife when the property right of the house that is participating in housing reform in the name of one parent is registered in the name of one parent during the duration of the marriage relationship is not supported. The capital contribution at the time of purchase of the house can be treated as a creditor's right.

    Li***

    2024-06-20 08:00:02

Related recommendations

Loading
Latest Q&A Recommendation Hot topics Hot spot recommendation
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
return
Top
help opinion
feedback

Confirm to report this problem

Reason for reporting (required):