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How to divide the value-added part of the pre marital housing loan

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How to divide the value-added part of the pre marital housing loan


        

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  • 2024-06-26 00:01:42

    As for the pre marital property, if it is purchased by one spouse before marriage, it belongs to the legal personal property. The personal property of one spouse, which produces fruits and natural appreciation after marriage, also belongs to the personal property of one spouse.
    For premarital property, if the premarital property is purchased by both parties, but only one party's name is written on the property right certificate, then the property belongs to one party according to the legal basis.
    Interpretation of Marriage Law
    (3) According to Article 10, if one of the husband and wife signed a real estate sales contract before marriage, paid the down payment with personal property and borrowed money from the bank, and paid back the loan with the joint property of the husband and wife 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.

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