Ningbo after marriage with provident fund loans to buy a house divorce how to return
Provident fund loans to buy a house is the choice of many families, but once divorced, "who will repay the loan, how to divide the value added, and who will own the balance of the provident fund account" are often mixed up. Clear up their respective boundaries, so as not to leave a room and carry a muddle-headed account.
The basic attributes of the 1. provident fund loan house.
Regardless of provident fund loans or commercial loans, housing ownership and debt treatment follow the same set of rules: pre-marital down payment, after marriage joint repayment of the loan, the house generally belongs to the registration party, but after marriage joint repayment of the loan and the corresponding value-added part of the common property, should be compensated by the registration party to the other party.
First distinguish between down payment and repayment after marriage
if the down payment comes from one party's premarital property, the corresponding share is usually attributed to the individual ".
2. after marriage repayment and value-added can be divided.
In judicial practice, the real estate registration party shall compensate the other party for the payment of the joint repayment of the loan after marriage and the corresponding value-added part of the property. Compensation is not to repay the principal of the mortgage, but to repay the "joint repayment + value-added" discount.
How to convert value added
usually according to the proportion of the total cost of the purchase of the loan, multiplied by the value of the existing home and the increase in the purchase price, and then divided by two to determine the amount of compensation. The specific formula varies slightly from place to place, but the "common repayment ratio x value-added" is a common logic. The public caliber of Ningbo court is consistent with this: according to the "case statement" of Ningbo intermediate people's court, "how to calculate the" account "after divorce?" (2014-08-05), the compensation for joint repayment of loans after marriage is calculated according to the "value-added index × (joint repayment ÷ 2)" (Beilun court judge's caliber).
Nature of 3. Provident Fund Account Balance
the housing provident fund deposited during the marriage is generally recognized as the joint property of the husband and wife. At the time of divorce, the married part of the account balance can be divided or compensated, and the repayment compensation of the house itself is two accounts, don't confuse it.
Don't just count the house and not the account.
Many people stare at housing compensation and forget that the married balance in their provident fund accounts can also be divided. Both of them advocate that only the common interests related to the "provident fund" can be taken into account.
Who will bear the remaining 4. loan?
If the house is awarded to the registered party and the registered party continues to repay the remaining provident fund loan, the corresponding compensation will only solve the "joint repayment and appreciation that has occurred", and the future repayment obligation will follow the house. The agreement should clearly state that "the mortgage shall be repaid by the acquirer alone".
The actual operation sequence of transfer and transfer.
After the house is awarded to one party, two things must be done: first apply to the loan bank for the borrower to change or settle in advance, and then go to the real estate registration center for transfer registration. The approval cycle for the change of the borrower of the provident fund loan is usually 15-30 working days, and the contractor's own provident fund deposit is required to be normal, and the repayment capacity covers more than twice the monthly payment. If the bank does not agree to the change, it can only settle the loan before transferring it. The financial pressure must be assessed in advance.
Example of three-step algorithm and conversion for 5. compensation
the first step is to calculate the total amount of principal and interest of the joint loan repayment, and the repayment flow from the date of marriage registration to the date of divorce prosecution is accumulated one by one, and the part of the provident fund account is also included. The second step is to calculate the value-added multiple, dividing the market price of the house at the time of divorce by the total price at the time of purchase, which is the sum of the down payment plus the principal of the loan. The third step is to multiply the principal and interest of the joint repayment by the value-added multiple and then by 50% to arrive at the amount of compensation due to the non-registered party.
The conversion is not complicated: suppose the total purchase price is 1 million yuan, including the down payment of 300000 yuan and the loan of 700000 yuan, the total principal and interest of the loan after marriage is 200000 yuan, the market price at the time of divorce is 1.5 million yuan, the value-added multiple is 1.5 yuan, and the compensation of the non-registered party is about 200000 yuan multiplied by 1.5 and then multiplied by 50%, that is, 150000 yuan. If a part of the repayment occurs after separation and is borne by one party alone, this part should be excluded from the joint repayment amount.
6. case proof
in practice, if one party pays the down payment before marriage and repays the loan jointly with the provident fund loan after marriage, the compensation is generally calculated by half of the principal and interest of the joint repayment plus half of the corresponding value-added of this part. After conversion, the compensation received by the other party is more than 10%-25% of the present value of the house, and the remaining loan is continuously repaid by the registered party.
In practice, if the balance of the housing provident fund account deposited by both parties during the marriage is recognized as common property, the court generally orders that the balance of the two accounts be leveled with each other, and the difference shall be compensated by the party with the larger balance by 50%.
7. Risk Alert
- only talk about housing compensation, forget the provident fund account balance can also be divided.
- The "repayment of the principal of the mortgage" as compensation, underestimating the amount due.
- The value-added calculation does not distinguish between the down payment and the co-repayment ratio.
- The agreement did not specify who would repay the remaining loans, and wrangling afterwards.
- Repayment with a common account but no record, the proportion is not clear.
8. FAQ
how to divide the provident fund loan to buy a house and divorce after marriage?
The house is generally owned by the registered party, who compensates the other party for the joint repayment of the loan after marriage and the corresponding value-added.
Does the balance of the provident fund account count as common property?
Deposits made during marriage are usually counted, and divorce can be partially compensated after marriage, separately from housing compensation.
Is the compensation the mortgage I paid?
Not only the principal, but also the corresponding value-added discount, calculated according to the joint repayment ratio x value-added.
Who will pay the mortgage before it is repaid?
After the award to the housing registration party, the remaining loan shall be repaid by the party alone, and the agreement shall be written clearly.
The house is still under mortgage, can you transfer the ownership first and then repay the loan slowly?
Most banks don't allow it. Before the mortgage is released, the real estate registration center generally does not handle the transfer, the common practice is to first settle or complete the borrower change procedures, and then go through the transfer.
Practical Experience of 9. Lawyers
the house bought by the provident fund loan should be split into two accounts when divorcing. Don't mix it up: one is the house itself and the other is the balance of the provident fund account. The house side follows the same rules as commercial loans. Those who make down payment before marriage and repay the loan jointly after marriage generally belong to the registered party, but the loan and corresponding value-added repaid with common income after marriage should be compensated for the other party. On the other side of the account, the provident fund deposited after marriage belongs to common property and should also be divided or compensated. It is different from housing compensation. Many parties only stare at the house and forget the post-marriage balance in the account, which is tantamount to missing an equity for nothing.
How to calculate the compensation, the key is to frame the common part. If the down payment comes from one party's pre-marital property, the corresponding share usually belongs to the individual. The common algorithm is to multiply the proportion of the total cost of buying a home by the value added of the home, with slightly different details from place to place, but the idea is the same. Therefore, the purchase price agreed by both parties, the benchmark date for the evaluation of the present value, and the flow of each loan repayment can determine the figures better than the principle of empty talk. Before the talks, we should prepare these samples before the negotiations can be concluded.
Who will bear the remaining loans and how they land is the easiest link to leave behind. If the house is awarded to the registrar to continue to repay the loan, the person who will return the remaining loan shall be written into the agreement or petition, and consider whether the bank agrees to change the borrower. If there is still a mortgage on the house, it is usually necessary to sort out the release arrangement before the transfer, otherwise the agreement will not be signed. Practical experience is that the three things of loan repayment, transfer and compensation are designed as an execution chain, which is better than fighting for only one total to guarantee the final hand.