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How to prove that the house I bought before marriage and mortgaged after marriage is my personal property?
Author: Xie fen

Link:/question/20330444/answer/14782307

Source: Zhihu.

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To be notarized, the more complete the materials prepared, the better.

1. Proof that the house was purchased before marriage: purchase contract and invoice (date), marriage certificate (date).

Just like Lenz upstairs.

2. Bank payment records, which prove that the source of your down payment is not your spouse.

3. Mortgage repayment record, which proves that the house loan was repaid with your personal property.

This is more difficult, because after marriage, your personal income and the value-added property used for repayment are the joint property of husband and wife.

According to Article 11 of Interpretation III of Marriage Law, it is completely feasible for you to sell a house, and you only need to divide the property when dissolving the marriage relationship. So, you don't have to worry at all.

P.S. can also sign a property agreement after marriage, which is equally valid in writing without notarization.

Does P.S. need notarization to entrust the sale of houses?

Suggestion: sign a property agreement with your spouse first, stipulate the ownership of the existing property, state that the house belongs to you personally, and the rest can be drawn up according to the actual situation. With this agreement, you can sell the house.

Article 10 If the husband and wife sign a contract for the sale of real estate before marriage, pay the down payment with personal property and borrow money from the bank, and repay the loan with the joint property of the husband and wife after marriage, and the real estate is registered in the name of the down payment payer, the real estate shall be handled by both parties through agreement at the time of divorce.

If no agreement can be reached in accordance with the provisions of the preceding paragraph, the people's court may decide that the real estate belongs to the party with registered property rights, and the unpaid loan is the personal debt of the party with registered property rights. In case of divorce, one party to the property right registration shall compensate the other party in accordance with the principle stipulated in the first paragraph of Article 39 of the Marriage Law.

Article 11 If one party sells the house jointly owned by husband and wife without the consent of the other party, the third party buys it in good faith, pays a reasonable consideration and goes through the formalities of property right registration, and the other party claims to take back the house, the people's court will not support it. If one spouse arbitrarily disposes of the shared house, causing losses to the other spouse, and the other spouse requests compensation for losses during divorce, the people's court shall support it.