Ningbo bought a fund-raising house before marriage and got a certificate after marriage. Can divorce be divided?

1. conclusion first: usually identified as premarital personal property

the case where the man signs a fund-raising agreement with the unit before marriage and pays the money, and only obtains the title certificate after marriage, is usually recognized as personal property before marriage in the divorce division, and the other party generally cannot request the division. The core of the judgment is not the date on the title certificate, but whether the purchase agreement is signed and the payment occurs before or after marriage.

Similar disputes are very common in housing reform, fund-raising houses and unit group buying houses. When examining such cases, the Ningbo District Court generally takes "contract time payment time" as the main basis for property attributes, and the time of property registration is more regarded as the completion node of property right publicity, rather than the starting point of property acquisition.

It should be added that if only part of the payment is made before marriage and the balance is continued to be paid with the common property after marriage, the corresponding interests of the paid part usually still belong to the individual, but the co-payment and the corresponding value-added part may need to be settled separately after marriage, and it cannot be settled simply by saying "all personal.

2. Legal Basis and Core Judgment Criteria

article 1063 of the Civil Code stipulates that the premarital property of one party is the personal property of one of the spouses. The relevant judicial interpretation further clarifies that the premarital property of one party shall not be transformed into the joint property of the husband and wife due to the continuation of the marriage relationship, unless otherwise agreed by the parties. This provides a stable basis for the ownership of pre-marital home purchase.

In practice, the key to judgment is the time of signing the purchase contract and the time of payment. If the signing of the fund-raising building agreement and the payment of the purchase of the house all occur before marriage, even if the title certificate is obtained after marriage, it does not change the premarital personal attribute of the property. The capital contribution certificate, the original agreement, the bank flow is the core material to prove the time point, the three are best to confirm each other.

If the agreement is signed by one parent or the money is transferred from the parent's account, and it is also necessary to clarify whether it is a gift to the child or a loan, this relationship will directly affect the boundary of the determination of "personal property before marriage", and vague treatment is likely to lead to new disputes when dividing.

The joint repayment of the loan after 3. marriage may be claimed separately.

What needs to be distinguished is that the property itself belongs to the individual, but after marriage, the other party can claim compensation for the joint repayment of the loan or arrears related to the purchase of the house with the joint property of the husband and wife. This part of the compensation and the ownership of the property are two things, and the contribution of the other party cannot be completely ignored just because the house is personal.

In practice, for pre-marital personal real estate after marriage joint repayment of the loan, the court usually combines the amount of repayment, the value of the house to calculate the amount of compensation, rather than simply according to the proportion of capital contribution. Retaining the flow of monthly loan repayments is the basis for claiming this part of the equity.

The calculation of compensation often involves the formula of "the principal of joint repayment corresponds to the value-added", and the purchase price of the house, the total amount of repayment after marriage and the present value are the key variables. To settle this account in advance will be more confident when negotiating, and it will also prevent the other party from refusing any compensation on the grounds that "the house belongs to you.

4. Ningbo Local Handling: Registration and Transfer Procedures

specifically, if the fund-raising house or housing reform house involves divorce and property transfer, it is necessary to submit divorce agreement or court documents, real estate certificate, identity certificate and other materials to Ningbo real estate registration center to handle the ownership change registration. If the personal property before marriage takes the certificate after marriage, it is recommended to clarify the share at the same time when registering to avoid subsequent disputes.

When the marriage registration offices in Ningbo handle divorce registration, the divorce cooling-off period procedure will be applied in accordance with the law; if the real estate agreement is involved, the agreement during the cooling-off period can still be adjusted. It is suggested that the property ownership and compensation caliber should be clearly written before registration, and the cost of going back on our word after registration is obviously higher.

Ningbo's current purchase restriction policy will affect the feasibility of the transfer of property, such as the number of sets under the name, the transferee's qualification to buy a house, etc. Before handling, it is suggested to confirm with Ningbo Real Estate Registration Center whether both parties have the registration conditions, so as not to transfer the ownership after the agreement is written.

Easily trampled boundaries in 5. practice

one of the boundaries: If the two parties jointly contribute to the major repair and expansion of the house after marriage, the corresponding value-added part may be dealt with separately. Boundary 2: If the prenuptial agreement or marital property agreement specifies that the property is in common, the agreement takes precedence and the law respects the written arrangement of the parties.

Boundary 3: If the divorce agreement has agreed that the real estate under their respective names shall be owned by them, it shall be generally handled according to the agreement. After the event, one party claims division on the grounds of concealing property, which is usually difficult to support. Therefore, when signing the contract, the real estate situation should be listed truthfully, and the tail of "we will talk about it later" should not be left.

Boundary 4: If one party buys a house before marriage but adds the name of the other party to the property right certificate after marriage, the nature may change from "individual" to "gift and common". This operation has legal consequences. Before adding the name, it should be fully evaluated and should not be considered as "taking a form".

A few steps 6. can do in this situation.

The first step is to find out the original and payment vouchers of the fund-raising and housing construction agreement signed in that year, and confirm that the signing and payment are before marriage. The second step is to sort out the bank flow of joint repayment after marriage and calculate the claimed compensation base. The third step is to go to Ningbo Real Estate Registration Center to consult the materials needed for the transfer of property.

If the other party claims that the house is a common property, it can respond by agreement and payment time evidence, if it involves compensation negotiation, it is recommended to consult a professional lawyer on the case, the "property ownership" and "repayment compensation" two accounts separately, to avoid the emotional transfer of the rights and interests that should have been retained.

If the negotiation fails to enter the lawsuit, the mobile micro-court can submit materials to organize the timeline evidence into a book, focusing on proving that "signing and paying before marriage" is a core fact that is clear and the results are usually more controllable.

Practical Experience of 7. Lawyers

before marriage and the unit signed a fund-raising agreement to build a house, paid the money, only after marriage to get the title certificate, divorce can not be divided? The key is not the date on the title certificate, but the signing time and payment time occurred before or after marriage. In practice, such houses are usually considered to be personal property before marriage, and the other party is generally not divided into property rights. Therefore, don't be misled by "the certificate was issued after marriage". First, look for the agreement and payment certificate of that year, fix the time line, and then judge where you are. Don't wait for the court session to find out that you have chosen the wrong direction.

If you want to claim your rights, you should do two things first: one is to find out the fund-raising agreement, the purchase receipt or transfer record, and the relevant materials of the unit, so as to clearly correspond the time between signing and payment; The second is to check whether the joint property has been used to repay the balance or continue to repay the loan after marriage. If only part is paid before marriage and paid together after marriage, then the corresponding rights and interests of the paid part belong to the individual, but the joint payment and corresponding value-added after marriage may need to be settled separately ".

When making a claim, the focus is on co-financing after marriage and compensation for the corresponding value-added, which is more realistic and easier to talk about than asking for property rights. The value of the house can be negotiated or determined by assessment, the amount of compensation and the period of payment are written into the agreement, and the consequences of the breach are clearly agreed. If registration or property transfer is involved, know the local handling process in advance, prepare the time and materials, and don't wait until you find the missing parts. When negotiating, the other party is often more willing to accept an enforceable compensation plan.