In February 2006, Honghong purchased a common house in a real estate in Beijing in a down payment. Honghong and Xiao Wang registered for marriage in June 2007. Both parties lived here together in September 2007 and received a real estate certificate in September 2007. After the marriage, due to the different personalities, hobbies, and living habits of both parties, and Xiao Wang often carried out domestic violence against Hong Hong, in desperation, Hong Hong filed a lawsuit and divorce to the court in September 2009. Xiao Wang agreed to a divorce during the court hearing, but asked to divide half of the property rights of the co-residential house into his own. Honghong believes that the house was bought by himself before marriage, and the loan repayment after marriage is also paid by him . It has nothing to do with Xiaowang, and the ownership of the house should be owned by himself.
This case is a typical divorce dispute in which a husband and wife paid a down payment to buy a house before marriage and jointly repay a bank loan after marriage. If the property acquired jointly by the two parties after the marriage is simply registered, the meaning of the common property of the husband and wife is understood, some people agree with Xiao Wang that since it is a real estate certificate obtained after marriage, it should be the common property of the husband and wife. At the time of divorce, the two parties should be divided, and half of the property rights of the person without the property agreement. However, we believe that the purchase of a house by mortgage has its particularity. When the house buyer signs a house sale contract with the seller, he pays part of the down payment by himself, and the other is borrowing from the bank, where the bank s creditor has already replaced It paid the remaining amount of the house, and the seller had received the entire amo unt of the house. House buyers generally use their houses as collateral to return loans to the bank on a monthly basis. At this time, the purchase and sale of the house has been completed, and the house buyer and the bank only have a loan relationship. The property ownership certificate is often processed for a period of time, and it is coincident that the marriageable men and women have registered for marriage during this period, but it must not be considered that the property rights belong to both parties because the property title certificate was obtained during the marriage.
We believe that the purchase of the house occurred before the marriage and the entire payment of the house has been paid. The real estate certificate was acquired only three months after the marriage. The property rights of the house should be owned by the purchaser, Hong Hong, and has nothing to do with Xiao Wang. Then there is another problem that needs to be resolved, which is the joint repayment of the loan after marriage. Unless the two parties have a clear agreement on the property within the marriage, the repayment of one party s personal salary is regarded as the joint repayment of the loan within the marriage. Of course, the property owner of the joint repayment part of the house at the time of divorce should compensate the other party in cash. Therefore, in this case, Xiao Wang asserted that half of the property rights of the house could not be supported by the court, and Honghong could be required to provide cash compensation for the part of the joint repayment.