On The Attribution And Division Of Houses Loaned By One Spouse Before Marriage

One of the spouses may purchase house property by personal housing loan before the marriage. In divorcing cases, the distribution of this house property has several legal difficulties:the ownership of house property, the belonging of appreciation and the undertake of loan debts. These legal difficulties due to the long period of the performance of the individual housing loan contract and the time interval between the signing of real estate sales contracts and the obtainment of house property.According to the analysis in the paper, the author believes that the main judgment basis of the ownership of house property is the relation between the time of real estate registration and marriage registration, as well as the consideration of capital source. In situations like renovation and repair, the increment of house property dues to personal estate. So the real estate owner should compensate for the costs. If the unearned increment of house property incarnates the opposite party’s efforts, in this case, paying for the loan, it should be marital property, otherwise still as personal property. The identification of loan debts of house property should be based on the ownership of the property. At the same time, the compensation mechanism between marital property and personal property should be built, in order to achieve substantive fairness.