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What are the common problems of divorce real estate division? What are the precautions for buying a

Many people will face the problem of real estate division after divorce. Some people buy a house before marriage even if they only pay the down payment, their personal property will not belong to the other spouse. However, there are also houses purchased before marriage. After divorce, the other party will also share the property. Then, when buying a house before marriage and paying back the loan together after marriage, how to divide the divorced houses?

Buy a house before marriage and repay the loan together after marriage, how to divide the divorced house?

1. Personal down payment before marriage and joint repayment after marriage

Although the house is paid down by an individual before marriage, both husband and wife pay back the loan together. Although the real estate certificate only has your name, the house also has the spouse's share. In case of divorce and other circumstances, the couple shall consult on their own. For those who can't reach an agreement, the people's court will generally award the real estate to the party who signed the real estate certificate and repay the real estate loan in the future. But for the other party, it needs to compensate according to the amount of joint repayment and the part of house price rise.

2. No real estate certificate has been applied for personal loan before marriage

The real estate certificate is a powerful evidence to prove the ownership of the property right of the house. In case of divorce, both parties have disputes over the house which has not yet acquired the ownership right or has not fully acquired the ownership right and cannot negotiate, the people's court should not judge the ownership of the house, but should make a judgment on the use of the house by the parties according to the actual situation. After obtaining the house property right certificate, either party shall bring a lawsuit to the court separately. Because there is no real estate certificate, you need to consult with each other first, and the people's court can't make a judgment according to the actual situation through consultation.

3. Personal loan before marriage

The current marriage law clearly stipulates that the full amount of pre marriage house purchase belongs to the pre marriage personal property. Under this condition, marriage can not be converted into the joint property of husband and wife, without the addition of name, divorce house is undoubtedly personal. But it is another case that the name of the spouse is added to the personal loan to buy a house before marriage. In essence, adding a name is a gift. After adding a name, the other party has the right to divide the house.

What are the precautions for buying a house before marriage?

1. Clear agreement on the funds contributed by all parties for house purchase

Young people may not have enough savings to buy a house by their parents. In this case, if they have written down the names of two people on the real estate certificate, they need to sign another agreement. Because if the two parties break up, in the absence of any agreement or certificate, the parents' contribution will be deemed as a gift to both parties, and the parents will not recover the contribution, is not unfair.

2. Notarization or agreement of premarital property is necessary

Before marriage, couples should be careful when buying a house. Notarization of property or signing an agreement are necessary prerequisites for buying a house together. When you are in a sweet and stable relationship, you should also keep your head clear. No one can predict what will happen tomorrow. What if you don't get married at last? Therefore, adding a legal protection before the promise of love will be more solid. Before both parties have determined the relationship between husband and wife, they can apply for notarization of premarital property or sign an agreement together. If there is a dispute, they can find evidence to prove it in time, or they can avoid future