Divorce should be based on the principle stipulated in the first paragraph of Article 39 of the Marriage Law:
1. The real estate license is personal property before the spouse's name is added;
2. During the marriage, personal property is repaid by husband and wife with the same property, and the property right of the property cannot be changed. At the time of divorce, the property still belongs to the individual, but the other party should be compensated according to law;
3. The real estate license plus the spouse's name makes the spouse have property rights, which generally belong to * * * and * * *. When divorced, the husband and wife share the property equally.
4. Regarding the appreciation of real estate, it is useless for husband and wife to repay the loan with the same real estate, and the value-added part belongs to the individual; Use your spouse's real estate to repay the loan and share the corresponding appreciation with your spouse.
Article 10 of Judicial Interpretation III of Marriage Law stipulates:
1. One of the husband and wife signs a contract for the sale of real estate before marriage, pays the down payment with personal property and borrows from the bank, and repays the loan with the joint property of the husband and wife after marriage. If the real estate is registered in the name of the down payment payer, the real estate will be handled by both parties through agreement at the time of divorce.
2. 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 party with registered property rights, and the unpaid loan is the personal debt of the party with registered property rights. After marriage, the amount paid by both parties to repay the loan and the corresponding value-added part of the real estate shall be compensated to the other party by the party handling the property right registration according to the principle stipulated in the first paragraph of Article 39 of the Marriage Law.
Extended data
The following property acquired by husband and wife during the marriage relationship shall be jointly owned by husband and wife:
(1) salary and bonus;
(2) Income from production and operation;
(3) the benefits of intellectual property rights;
(4) Property acquired by inheritance or gift, except the property that is determined to belong exclusively to the husband or wife in the will or gift contract;
(5) All other * * * properties.
The joint property of husband and wife includes labor income and other lawful income, and the donated property and inherited property acquired by both spouses or one of them during the marriage relationship.
According to the second part of the Supreme People's Court's Opinions on Several Issues Concerning the Implementation of Civil Policies and Laws, the joint property of husband and wife also includes:
(1) Pre-marital property and post-marital property cannot be ascertained, or if they are personal property before marriage, but they have been married for many years and have been jointly used, operated and managed by both parties for a long time, they can be recognized as joint property of husband and wife;
(2) During the marriage relationship, the demobilization fee and transfer fee earned by demobilized soldiers can be divided according to the marital property if they live together for a long time at the time of divorce;
(three) the income of the year when the husband and wife engaged in diversified operations and contracted responsibility fields during the existence of the relationship, and the funds invested by the breeding and breeding professional households without income in that year;
(4) Property such as gold, silver and jewelry donated by one or both parents after marriage registration.
References:
Baidu Encyclopedia _ * * with attributes