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离婚时房屋贷款没还完怎么分割

更新时间:2026-07-22 11:57:39 周记网3年前 (2023-09-06)百科中心2553

1、一方婚前以个人财产支付首付款并在**贷款,婚后用夫妻共同财产还贷,不动产登记于首付款支付方名下的,离婚时由双方协议处理,协议不成的,人民**可以判决该不动产归产权登记一方,尚未归还的贷款为产权登记一方的个人债务。双方婚后共同还贷支付的款项及其相对应财产增值部分,离婚时由产权登记一方对另一方进行补偿。

离婚时房屋贷款没还完怎么分割

1. One party pays the down payment with personal property before marriage and loans in the bank, and repays the loan with the couple's common property after marriage. If the real estate is registered in the name of the party who pays the down payment, it shall be dealt with by both parties through agreement at the time of divorce. If the agreement fails, the people's court can judge that the real estate belongs to the party who registers the property right, and the loan that has not been repaid is the personal debt of the party who registers the property right. The amount paid by both parties to repay the loan after marriage and the corresponding value-added part of their property shall be compensated by one party of the property registration to the other party at the time of divorce.

2、双方结婚后共同贷款购买的房产属于夫妻共同财产,离婚时由双方协议处理,协议不成的,人民**不宜判决房屋所有权的归属,应当根据实际情况判决由当事人使用。当事人就前款规定的房屋取得完全所有权后,有争议的,可以另行向人民**提**讼。

2. The house property purchased by the two parties through joint loans after marriage belongs to the common property of the couple, which shall be handled by the two parties through agreement at the time of divorce. If the agreement fails, the people's court should not judge the ownership of the house, but should judge the use of the parties according to the actual situation. After the parties have obtained full ownership of the houses specified in the preceding paragraph, if there is a dispute, they may bring a separate lawsuit to the people's court.

离婚时房屋贷款没还完怎么分割
离婚时房屋贷款没还完怎么分割

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