婚前买房男方首付记在他名下,婚后夫妻共同还贷,房子究竟归谁

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Stepping into the marriage hall is one of the important stages in life. Buying a house before marriage is a consideration of many men and women. In the traditional concept of China, there is a house with a stable home, and there is no need to wander around. But the cost of buying a house and the name of the real estate license should be a common problem that many couples have disputes and even break up.

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Case review

Getting married and buying a house is a happy thing. Xiao Yuan and her boyfriend Xiao Chen intend to get married after three years of long-distance running. Under the discussion of the parents, the man decides to pay the down payment. The remaining loans, the woman and the man will return the loan together, and the real estate license will write the names of both parties.

However, after three months, the purchase of Xiao Chen on the house was delayed. It turned out that on the issue of signing the names of the two parties on the real estate license, there was a dispute in the family of the man. Xiao Yuan, out of the consideration of not participating in the down payment, agreed that the name of the man Xiao Chen was only on the real estate license. After two months, the man’s family quickly bought the house.

One month after buying a house, Xiao Yuan asked Xiao Chen when he planned to decorate? However, in the process of consultation, Xiao Yuan learned that because of the down payment of the house, Xiao Chen’s family’s savings have been spent almost the same. If Xiao Yuan’s family does not pay for the renovation, it will not help the wedding for the time being, and the woman wants to add a name to the real estate license. You need to complete the mortgage together.

Under such a premise, the woman still repays the mortgage with the man. Is the house purchased before it belongs to the personal property before marriage or the public property of the husband and wife?

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Lawyer analysis

Regulations: [Couple's joint property] The following property acquired by a spouse during the marital relationship is owned by the spouse:

(1) Wages and bonuses;

(2) Income from production and operation;

(3) Benefits of intellectual property rights;

Except for the third provision;

(5) Other property that should be owned jointly.

xxHusbands have equal rights to deal with common property.

Therefore, in the case of Xiao Yuan, the part of the house that repays the loan after marriage is the public property of the husband and wife.

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Case dry goods

For ordinary people, real estate is the most important part of the joint property of the husband and wife. The ownership of the property will vary depending on the investor and the pre-marriage and post-marriage purchases.

The property purchased by the individual before marriage is attributed to personal property and is not the property of the husband and wife;

After the marriage, one or both parties pay for the house with the husband and wife's public property. Regardless of the name of the person who signed the immovable property certificate, the property should belong to the husband and wife public property.

After the marriage, one parent pays the full amount to buy a house. If the property right is registered under the name of his or her child, it is regarded as a gift to the child. The property can be regarded as the personal property of the child of the sponsoring party and does not belong to the joint property of the husband and wife.

After the marriage, the house is bought by the family, and the parents pay the down payment. The property rights are registered in the name of their own children. The house where the husband and wife jointly repay the loan will be considered as personal property, not the joint property of the husband and wife.

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