There is no doubt that the house bought by one party alone before marriage is personal property. Many people ask whether the house belongs to the common property if they buy a house with personal mortgage before marriage and pay monthly payments together after marriage
The property acquired before marriage belongs to individuals, and the property acquired during marriage generally belongs to the joint property of husband and wife. However, for the house purchased by one party through mortgage before marriage, and the house property certificate obtained after marriage, the time of obtaining the house property certificate cannot be used mechanically to determine whether it is the joint property of husband and wife. Because the money to buy a house is the personal property of one party before marriage, and has paid all the house purchase money to the developer, and obtained all the creditor's rights confirmed to the buyer in the house purchase contract before marriage, and obtaining the house property certificate after marriage is only a natural transformation of property rights. Therefore, as long as the house purchase and sale takes place before marriage, and the purchase and sale contract has been actually performed, and the house is registered in the personal name of the buyer, it should be treated as personal property before marriage.
Therefore, pre marital house purchase does not belong to the joint property of husband and wife. Before marriage, the purchase of a house with funds has completed the essential requirements for obtaining the property right of the house.
Article 18 of the Marriage Law of the People's Republic of China
Under any of the following circumstances, it shall be the property of the husband and wife:
(1) Premarital property of one party
(2) Medical expenses, living allowance for the disabled and other expenses received by one party due to physical injury
(3) Property specified in the will or gift contract to belong only to the husband or wife
(4) Daily necessities for one party
(5) Other property that should belong to one party.