The husband buys a house before marriage and after the marriage the couple repays the loan and divorces how to divide the house?
Civil Code Academy
Before marriage, the husband buys a house alone and repays the loan together after marriage. When divorce, does the wife have a share of the value-added part of the house?
In Yuexiu District, Guangzhou, a couple had a dispute when they divorced.
The wife said that after the marriage, the two repay the loan together, and demanded that the value-added part of the real estate be divided.
The husband claimed that he repaid the loan with the help of his mother and had nothing to do with his wife.
How will the court decide?
Text/Guangzhou Daily All-Media Reporter Charter Correspondent Liang Yanhua
Husband: Loan repayment funds funded by his mother
In 2017, Xiaohong (pseudonym) and Xiaodong (pseudonym) registered their marriage.
Before getting married, Xiaodong bought House A in Tianhe District, Guangzhou City in his own name, with a total price of about 2 million yuan.
After the marriage, the two parties agreed to repay the loan together, and the monthly repayment amount was about 6,000 yuan.
The latter two escalated due to family trivial conflicts, and their relationship gradually broke down.
In October 2019, Xiaohong filed a divorce lawsuit in the court and asked Xiaodong to compensate him for half of the joint loan amount during the duration of the relationship between the husband and wife, about 130,000 yuan and the corresponding real estate appreciation.
Xiaodong agreed to the divorce, but argued that the real estate should belong to his personal property, and Xiaohong had no right to claim compensation.
The reason is that the mortgage repayment account has Xiaodong’s pre-marital property of more than 20,000 yuan. Xiaodong’s mother transferred 100,000 yuan to another bank account of Xiaodong on December 15, 2017, and Xiaodong subsequently transferred the 100,000 yuan. Transfer to your Alipay account.
Starting from February 27, 2018, Xiaodong regularly transfers loan repayment items from his Alipay account to his mortgage repayment account.
Xiaodong’s mother transferred a total of 135,000 yuan to another bank account of Xiaodong from March to October 2020.
Therefore, Xiaodong believes that the loan repayment after marriage is actually subsidized by his mother, and it is not the joint property of the husband and wife to repay the loan.
Yuexiu Court’s ballot selected an appraisal agency to assess the current price of the house involved in the case. The appraised price was 3.539 million yuan, and the value of the house has risen by as much as one million yuan.
It was also found that from December 6, 2017 to November 4, 2020, the two parties had repaid the principal and interest of the bank loan more than 260,000 yuan.
After hearing the trial, the Yuexiu Court ruled that Xiaohong and Xiaodong were allowed to dissolve their marriage. Xiaodong should compensate Xiaohong for half of the joint loan repayment part of the A house in Tianhe District, Guangzhou City, and the value-added part of the loan repayment during the duration of the relationship. Half is about 190,000 yuan.
At present, the judgment has become legally effective.
Court: Husband compensates for the loan repayment and half of the increase in loan repayment
After reviewing the evidence provided by Xiaodong, the court determined that the loan for the house used Xiaodong’s pre-marital property of RMB 2,2014.57 to repay the loan between the two parties’ marriage and before February 2018, and that part of the money should be deducted.
For loans from February 27, 2018 to March 2020, most of Xiaodong’s transfer payment was made before the maturity of each loan. The bank flow provided by Xiaodong could not prove that the 100,000 yuan that his mother transferred to the bank was Xiaodong also used other bank transfers to repay the special funds used for loan repayment. In May 2018, Xiaohong also transferred 5,000 yuan to the account and Xiaodong was responsible for the repayment.
Therefore, Xiaodong believes that the loan repayment after marriage is funded by his parents is inconsistent with the facts, and the court rejected it.
Regarding Xiaodong’s mother’s monthly transfer to Xiaodong’s loan repayment account after March 2020 to repay the loan, the court held that after Xiaodong received Xiaohong’s petition for divorce on November 26, 2019, he intended to The above-mentioned 100,000 yuan forms a chain of evidence, indicating that the house was funded by his family from beginning to end, which is obviously a huge gain for the house alone, and this behavior is detrimental to Xiaohong's legitimate interests.
The court did not approve Xiaodong's above behavior, and divided the joint loan repayment and value-added part during the period, which effectively protected Xiaohong's legitimate rights and interests.
It is against fairness that one spouse attempts to monopolize the value-added part of the house
The law officer pointed out that in the case of litigation or preparation for divorce, the purchaser used the means of changing the source of repayment funds without authorization to cover up the fact that both parties repay the loan together, with the intention of exclusive or occupying more of the housing value. This behavior is obviously against fairness and justice.
If the above behavior is supported by the court, it will undoubtedly go against people's reasonable expectation of marriage and increase the conflicts between the husband and wife.
Therefore, the above-mentioned attempts to account for more of the common value-added behavior will inevitably not be supported by the court.
Civil Code Small Class
If a spouse signs a real estate purchase and sale contract before marriage, pays the first payment with personal property and obtains a loan from the bank, and repays the loan with the husband and wife's joint property after marriage, the real property is registered under the name of the first payment payer, and the real property shall be dealt with by mutual agreement at the time of divorce.
If an agreement cannot be reached in accordance with the provisions of the preceding paragraph, the people's court may rule that the real property belongs to the party that registered it.
When both parties jointly repay the loan payment after marriage and the corresponding value-added part of the property, at the time of divorce, the real estate registration party shall compensate the other party in accordance with the principles stipulated in the first paragraph of Article 1087 of the Civil Code.