First, personal experience
In fact, this problem has become a problem faced by my classmates and friends around me. For example, I am a graduate student, but I am old, and my girlfriend has also talked to me about getting married and buying a house. Especially for those of us who are old but have not yet worked, we can only rely on our parents' graduate students to buy a house, and we often think more about this issue. Fortunately, my parents have paid me the down payment, and I will pay back the loan in the future. My girlfriend also knows and agrees. In fact, my girlfriend also considered paying the down payment together after work, because she still has a younger brother at home, and her parents can't help her pay the down payment, so we reached an understanding on this issue, and my parents will pay it and repay it later.
However, one of my classmates will be very entangled in this issue, because his family conditions are not good, and the pressure to buy a house in the southern capital city is still a bit great, while his girlfriend has a good family condition and is an only child. He talked to me about it and expressed that he wanted the woman to help him pay the down payment, get married first, and then work together to pay off the mortgage, but he was too embarrassed to tell his girlfriend that. Finally, it broke up in discord.
Do girls pay down payment?
The second is because of the couple who are engaged in real estate litigation.
In addition, more and more couples go to court because of divorce and property division. My former uncle divorced after less than three years of marriage because of marital discord. The house he bought with a down payment before marriage was repaid by both parties after marriage, so when the divorce property was divided, the house was still owned by him through consultation between both parties. However, he divided the property and compensated the other two for the repayment of the loan and the appreciation of the house after marriage. In addition, under the new marriage law, whose "name" is written on the real estate license no longer determines the distribution of property, that is to say, we have always thought that "whoever writes the name of the house will have a copy" is no longer established. Therefore, I hope that everyone will pay more attention to relevant laws and promote marriage harmony. The following are the relevant questions and legal answers that most people want to know.
The two sides signed a prenuptial property agreement.
New Marriage Law Related Laws (Dry Goods)
(1) If one party buys a house before marriage, how can the divorced house be divided?
Husband and wife sign a contract for the sale of real estate before marriage, pay the down payment with personal property and borrow money from the bank, and repay the loan with the same property 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. If no agreement can be reached, the people's court may decide that the real estate belongs to the registrant, and the outstanding loan is the personal debt of the registrant. In case of divorce, one party to the real estate registration shall compensate the other party for the money paid by both parties after marriage and the corresponding value-added part of the property.
Tell people the truth: whoever buys it is his. After marriage, the property owner will return the loan to the other party.
(2) Is it the same to add the name to the real estate license before marriage and after marriage? How does the gift distribute the property?
Adding a name to the title certificate is essentially a gift from one party to the other. Therefore, there is no difference between the legal effect before marriage and after marriage. Before marriage or during the marriage relationship, the parties agreed to give the property owned by one party to the other party or * * *, and the donor may cancel the gift before the registration of the change of the donated property. If the gift is successful, the property will be divided normally during the divorce. When the gift is revoked, the property will not be divided.
Talk to people: even if you have been married for many years, as long as the property has not been transferred, the donor can revoke the gift. At the time of divorce, the property still belongs to the donor and will not be divided.
(3) How to divide the divorced property when one parent invests in buying a house?
Before the parties get married, if the parents contribute money to buy a house for both parties, the contribution shall be regarded as a personal gift to their children, except that the parents clearly indicate that it is a gift to both parties. If one parent invests in buying a house after marriage, the registration of property rights in the name of the child is a gift to the child, and it has nothing to do with the other party during the sealed period of the marriage relationship. When divorced, it is not divided as the personal property of husband and wife.
Tell people the truth: it has nothing to do with the other half if one parent buys a house, unless it is clearly explained to both husband and wife. If both parents contribute at the same time, the property shall be divided according to the proportion of their contributions at the time of divorce.
(4) How to divide the divorce property when buying a house in the name of parents?
During the marriage relationship, if both parties use the joint property of husband and wife to purchase the house in the name of one parent and register it in the name of one parent, and the other party advocates dividing the house according to the joint property of husband and wife at the time of divorce, the people's court will not support it. The capital contribution when buying a house can be treated as creditor's rights.
Tell people: both husband and wife use the same property to buy a house in the name of their parents. If the property right is registered in the name of one parent, the property right of the house belongs to the parents. At the time of divorce, it does not belong to the property of husband and wife and cannot be divided. The other party's capital contribution can only be used as creditor's rights.
We love and help each other more in marriage, but of course we can't let ourselves be hurt and cheated. I hope that everyone will have a good understanding of the relevant laws and reasonably determine the prenuptial property agreement without hurting their feelings!