Buying a house before marriage

Buying a house before marriage Many people buy a house before getting married, and pay the mortgage together after marriage. In the end, the marriage may not go smoothly due to various reasons. One of the problems faced at this time is that the family that was originally run and shared is now in the end. How to divide? This is not to say that the resident should just return the mortgage loan paid by the other party, because it also involves the issue of " distribution of residual property " in which the property of husband and wife is equally divided.

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How to buy a house before marriage and after marriage? You can agree on your own

Basically, the house bought by the other party before marriage is only registered in the other party's personal name. The house is originally his personal property and will not change due to divorce. You can make an agreement on the divorce agreement , so before signing the divorce agreement , you can directly fight with the other party, whether you want to get back the mortgage you helped out, or ask the other party to share half of the mortgage payment in these years. To you, or to ask the other party to sell the house for money, or even to transfer the house to the child, as long as the other party agrees.

(Selected article: Three marital property systems to understand before marriage )

Marriage money to buy a house, one person pays the mortgage, how is the divorce property distribution calculated?

If the other party is using the property after marriage to pay the mortgage before marriage, in this case, when applying to the court for " request for the distribution of residual property ", the other party must in principle "every mortgage payment after marriage must be taken out and divided equally." . That is to say, assuming that A has paid a mortgage of 5 million after marriage, the husband will allocate 2.5 million of it to each other .

In addition, if the husband and wife are divorced by agreement , but there is no agreement on property distribution in the divorce agreement, and there is no statement to give up the " right to request for distribution of residual property ", they can still file a lawsuit with the court within two years after the divorce, requesting the other party to distribute it. marital property at the time of marriage.

(Selected Article: After the Divorce Property Distribution Law is revised, how will marital property be divided?)

How to pay the mortgage with the other half, how to divide the divorce?

Although this is the other party's house, if you also pay the mortgage together after marriage, when the court is hearing the distribution of the remaining property, in principle, it will be regarded as a concept like shareholding, partnership or joint venture. It is also a landlord, and you have the right to hold as much as you pay . It is similar to this concept, so in this case, as just said, the amount of the mortgage paid by both parties should be divided equally, and you will also have a house. Proportional ownership. But it is one thing to have a certain percentage, and how to divide or deal with it in essence may be another problem. If you encounter this problem, in addition to looking for relevant articles, you can also call directly to ask for free .

(Selected Article: After Divorce, How to Divide the Residual Property of Husband and Wife? )

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