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Purchase of real estate the same property rights before marriage divorce
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Ning Lee County unit employees purchase a property before marriage, and for the certificates of title. Married couples jointly repay the loan, when the wife wants a divorce property division, the court rejected her appeal, finds that all property owned by Lee. August 2006, Lee bought through a mortgage, a house, the first payment 6 million, his bank loans and from 12 million, and for a real estate license. A year later he married and Zhang, when Lee has also loans 2 million. Both husband and wife after marriage is jointly funded to pay off the remaining 10 million in loans. March 2010, the two substandard divorce because of emotional, but this time the market price of the sets of real estate has reached 26 million. When the two sides talked about the division of property, Zhang believes that the value of the property to remove the current 6 million down payment, and Lee in the first year to 2 million has been paid the loan, the remaining part of the jointly owned property is that 18 million element, requiring this part of the total property division. And Lee believes that the property is their personal property before marriage, after marriage shall be vested in all his, so do not agree to partition. So Li and Zhang in this dispute taken to court. The trial court found that the set of all real estate property owned by Lee, co-pay of 10 million in loans from the two shared, decisions Zhang Lee paid 5 million. Saying: house buyers and developers are trading relationship, buyers are paying back the loan with the bank relationship. When buyers and developers signed a purchase contract, and in the bank for a mortgage loan formalities, the loan amount will be transferred to bank accounts of developers, but also for a real estate license, the purchase contract, both parties have fulfilled the contract over obligations of both parties over the purchase contract relationship. After that, buyers who act to the bank to repay the loan, buyers and banks are lending behavior due to claims and liabilities arising from, does not affect the ownership of the share ownership of a house. Under the Supreme People's Court "on the application of explanation (a)" the relevant provisions, unless otherwise agreed, the property of one spouse before marriage, not because of the continuation of the marriage into a jointly owned property. If both spouses after marriage to repay the bank loans, can be understood as the common property of husband and wife is a party to repay a personal debt, so when the debt side of divorce should be shared by the couple to repay the loan in half the compensation to the other party. In summary, the property shall be vested in Lee individuals. For married couples jointly to repay bank loans, half of which should be repaid Lee Zhang.
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