What should I do if I get divorced after repaying the mortgage loan after marriage? ——Legal Analysis and Practical Guide
In recent years, with the rise in housing prices and the diversification of marriage concepts, the issue of divorce and division of jointly repaying real estate after marriage has become a hot topic in society. This article combines the hot discussions and legal cases on the Internet in the past 10 days to provide you with a detailed analysis of this difficult problem.
1. Hot data statistics
| platform | Amount of discussion on related topics | Hot search highest ranking |
|---|---|---|
| 128,000 items | No. 17 | |
| Zhihu | 2430 questions | No. 9 on the hot list |
| Douyin | 120 million plays | No. 3 in the city rankings |
2. Legal basis
According to Article 1087 of the Civil Code:
1. The down payment before marriage is personal property
2. The part of the joint loan repayment after marriage is the joint property of the husband and wife.
3. The added value of the property needs to be divided according to the contribution ratio
3. Comparison table of segmentation methods
| situation | Split method | Case reference |
|---|---|---|
| One party purchases a house before marriage | The property belongs to the registered party and the other party is compensated for the loan repayment and value-added part. | 2023 Beijing 01 Minzhong No. 1234 |
| Both parties repay the loan together | Priority will be given to negotiation, otherwise it will be divided according to the proportion of investment. | 2022 Shanghai 02 Minzhong No. 5678 |
| Partial contribution from parents | It is necessary to distinguish whether it is a loan or a gift | 2021 Guangdong 03 Minzhong No. 9012 |
4. Practical suggestions
1.Save repayment voucher: Including bank statements, transfer records, etc.
2.Negotiation prefix: A property agreement can be signed before divorce
3.Professional assessment: The value-added part of the property needs to be evaluated by a professional agency
4.tax planning: Pay attention to the taxes and fees that may be incurred when transferring real estate.
5. Latest judicial developments
In August 2023, the Supreme People's Court issued the "Guiding Opinions on Several Issues in the Trial of Marriage and Family Dispute Cases (Draft for Comment)", which clarified:
- The calculation of joint loan compensation should include principal, interest and appreciation.
- Contribution to housework can be appropriately increased in the division ratio
6. Expert opinions
Wang Moumou, a marriage law professor at China University of Political Science and Law, said: "In judicial practice, more and more courts are beginning to consider non-financial contribution factors, such as taking care of the family, raising children, etc., which may affect the final division ratio."
7. Hot discussion among netizens
| opinion type | Proportion | Typical message |
|---|---|---|
| Support equal distribution | 43% | "The income after marriage is originally shared" |
| It is advocated that according to the proportion of capital contribution | 37% | "Whoever pays more should get a bigger share" |
| other views | 20% | "Comprehensive contribution to the family should be considered" |
Conclusion:The division of real estate with loan repayments after marriage requires comprehensive consideration of legal, emotional and practical factors. It is recommended to consult a professional lawyer when encountering such problems and protect your own rights and interests through legal channels.
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