When my husband bought a house before marriage, his wife repaid the loan of the provident fund before marriage.The court was sentenced

Image source: Xiamen Intermediate People's Court Rong Media Center

During the trial, after identification, the appreciation part of the real estate generated by Aqin used a personal pre -marital housing provident fund in the aforementioned real estate was 370,000 yuan. Observation.

A Kun said that Aqin voluntarily devoted her personal pre -marital property to the common life of our husband and wife after marriage, and should be regarded as voluntary gifts. Her personal pre -marital property has been converted into the common property of our husband and wife after marriage. The value -added part should also be the common property of the husband and wife. Take a step back, even if it is not transformed into a common property after marriage, the income generated by her personal pre -marital property after marriage should be identified as the common property of the husband and wife.

Aqin said, "These 370,000 yuan are the value -added generated by my personal housing provident fund 80,000 yuan before marriage. All 450,000 yuan should be owned by me."

The court believes that A Kun advocates that Aqin withdraws from the personal housing housing provident fund for 80,000 yuan to repay Akun's personal pre -marital real estate mortgage loan, but it fails to confirm that Aqin means that the amount has the meaning of gifts. It is said that this part is still owned by Aqin according to law.

Akun also advocated that even if the 80,000 yuan did not belong to the common property of the husband and wife, the value -added part of the house corresponding to the money was 370,000 yuan due to the marriage of the husband and wife after marriage. However, the value of the house is a natural value -added rather than the interest or the husband and wife after marriage. Aqin uses his personal pre -marital property to repay the mortgage loan of Akun's personal pre -marital property. , It should be owned by Aqin.

Therefore, A Kun should pay Aqin on the case involved in the case, compensating for a total of 450,000 yuan.

The judge said that in the case of divorce division of property, one party purchased a house before marriage and after marriage, and the situation of the two parties repaid the loan is more common. For example, one party in the case using the personal pre -marital property to repay the other party's pre -marital property loan is relatively rare. For personal pre -marital property, it should be owned by the party. Due to the clear provisions of the law, the general controversy is generally not large; and the attribution of the appreciation part of the real estate incurred by the personal pre -marital funds is prone to major controversy in practice.

How to determine the belonging of the real estate value -added part

First of all, Article 1062 of the "People's Republic of China" stipulates that the "production, operation, and investment income" obtained by the husband and wife during the existence of the marriage relationship is the common property of the husband and wife. Explanation (1) "Article 25 stipulates that" one party is obtained by personal property investment "as the common property of the husband and wife. In this case, Akun believes that the value -added part of 370,000 yuan is born after the marriage, and should be owned by both husband and wife. In fact, the value -added of real estate is regarded as the result of the investment and operation of husband and wife, but it should be realized that the value of real estate value is essentially reflected in investment in investment. The natural growth of funds due to changes in market factors is different from the active appreciation of the couple or two parties to invest in renting houses, buying and selling stocks, and business business. Therefore, the value -added of real estate is the natural value -added generated by the funds invested, not the business income.

Secondly, Article 26 of the "Supreme People's Court on the Application of Marriage and Family Editors (1)" stipulates that "the income generated by the personal property of the husband and wife after marriage, in addition to the interest and natural value -added, should be identified as the common property of the husband and wife . "Therefore, the natural value -added of the property before marriage after marriage is still owned by its own.

In this case, A Kun failed to confirm that Aqin had the intention of the pre -marital provident fund, and the real estate appreciation belonged to the natural value -added rather than the interest or the husband and wife after marriage. Part of the money repayment part and the corresponding real estate appreciation part belongs to Aqin's individual.

Daily Economic News Comprehensive Xiamen Middle Court

Daily Economic News

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