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What should be the division of the value-added part of divorce property

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What should be the division of the value-added part of the divorced house property


        

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  • 2024-05-25 14:00:45

    1. If one party has paid all the house money before marriage and registered the property right of the house in the name of one party, and has obtained the property right certificate of the house before marriage, the value-added part of the house property can be identified as the personal property of the house property party;

    2. One party pays the down payment before marriage and the mortgage loan has paid all the purchase money, and the property right of the house is also registered in his own name. After marriage, if the husband and wife repay the house loan with their common property, the value added property shall be divided according to the proportion of the common repayment amount in the total house payment;

    3. One party bought the house before marriage, but the other party added his name to the property certificate before marriage or after marriage. The value-added part of the property is the joint property of the husband and wife. The two parties should negotiate how to divide the property. If the negotiation fails, the court will decide.

    4. If the house is purchased by the husband and wife after marriage, it still belongs to the joint property of the husband and wife, regardless of whose name it is registered in, and the part of capital increase during divorce is also treated as joint property of the husband and wife.

    [Legal Basis]

    In Article 26 of the Interpretation of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China Marriage and Family Code (I), the income generated by one spouse's personal property after marriage, except for the fruits and natural appreciation, shall be recognized as the joint property of the husband and wife.

    Ai***

    2024-05-25 14:00:45

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