专业团队

一、按揭买房离婚如何分割

(一)对于产证登记在一方名下，但配偶方有证据证明婚前购房时，其也共同出资的，在离婚分割财产时，该房屋仍为产证登记人的个人财产，剩余未还的债务为其个人债务，但对首付款和已归还的贷款中属于配偶一方出资和清偿的部分，应当予以返还。

(二)夫妻一方婚前以个人财产按揭购买房屋并按揭贷款，产权登记在自己名下，该房屋属于个人财产，同样的，按揭贷款为个人债务。婚后配偶一方参与清偿贷款，并不改变该房屋为个人财产的性质，因此，在离婚分割财产时，该房屋为个人财产，剩余未归还的债务为个人债务，对已归还的贷款中属于配偶一方清偿的部分，应当予以返还。

(三)对于产证登记在一方名下，配偶方有证据证明婚前购房时其也共同出资，且同时有证据证明其婚前是基于双方均认可所购房·屋为共同所有的前提下进行出资的，则虽然该房产登记在一方名下，仍宜认定为夫妻共同财产，分割时应按共同财产的分割原则进行处理，同样的，其按揭贷款债务为共同债务。但在分割共同所有的房产时，对于存在当事人出资数额比例悬殊，且婚后确未共同生活或婚姻关系存续期间较短等情形的，也应一并考虑，可参考当时的出资比例对房产进行分割，而不是平分房屋。

二、房改房离婚时怎么分割

售后公房，也称房改房，是指职工单位将公房以工资性货币分配方式出售给职工，职工以标准价或成本价购买，从而对购买的房屋享有部分产权或全部产权的住房。公房实际上是卖给夫妻双方而不是仅向夫妻中的一方出售。根据一定的福利政策所购买的房屋，往往与夫妻双方职务、级别、工作年限等相挂钩，购买价格常远远低于房屋的市场价值，而当初分得房屋的情形又有许多具体情况，使得处理此类房屋争议十分棘手。对于售后公房如何分割呢，根据《婚姻法解释(二)》的规定，主要由以下几种分割办法：

(一)双方竞价取得。双方均主张房屋所有权并且同意竞价取得的，应当准许;

(二)拍卖房屋双方分割方价款。即双方均不主张房屋所有权的，根据当事人的申请拍卖房屋，就所得价款进行分割。

(三)一方取得所有权，另一方给对方相应的经济补偿。即一方主张房屋所有权的，由评估机构按市场价格对房屋作出评估，取得房屋所有权的一方应当给予另一方相应的补偿;

1、 How to Divide Mortgage Purchase and Divorce

（1） If the property certificate is registered in the name of one party, but the spouse has evidence to prove that they also jointly contributed to the purchase of a house before marriage, the property will still be the personal property of the property certificate registrant at the time of divorce division, and the remaining unpaid debt will be their personal debt. However, the down payment and the portion of the returned loan that belongs to the spouse's contribution and repayment should be returned.

（2） Before marriage, one spouse purchased a house with their personal property mortgaged and took out a mortgage loan. The property rights were registered in their own name, and the house belongs to personal property. Similarly, a mortgage loan is considered a personal debt. After marriage, one spouse's participation in repaying the loan does not change the nature of the house as personal property. Therefore, when dividing the property in divorce, the house becomes personal property, and the remaining unpaid debt is personal debt. The portion of the loan that has been repaid that belongs to the spouse's repayment should be returned.

（3） If the property certificate is registered in the name of one party, and the spouse has evidence to prove that they also jointly contributed to the purchase of a house before marriage, and there is also evidence to prove that their pre marriage contribution was based on the premise that both parties recognized the purchased house and house as jointly owned, then although the property is registered in the name of one party, it should still be recognized as joint property of the couple. When dividing, the principle of dividing common property should be followed. Similarly, Its mortgage loan debt is a joint debt. However, when dividing jointly owned properties, if there is a significant difference in the proportion of contributions made by the parties involved, and if there is no shared life after marriage or the duration of the marriage relationship is relatively short, it should also be considered. The property can be divided according to the proportion of contributions at that time, rather than dividing the property equally.

2、 How to Divide Housing Reform and Divorce

After sale public housing, also known as housing reform housing, refers to housing where the employee unit sells public housing to the employee in a wage based monetary distribution method, and the employee purchases it at standard or cost price, thereby enjoying partial or full ownership of the purchased property. Public housing is actually sold to both spouses rather than just one of them. According to certain welfare policies, houses purchased are often linked to the positions, levels, and years of work of both spouses, and the purchase price is often much lower than the market value of the house. Moreover, there are many specific situations in which the house was originally divided, making handling disputes over such houses extremely difficult. According to the Interpretation of the Marriage Law (II), there are several main methods for dividing after-sales public housing:

（1） Both parties bid to obtain. If both parties claim ownership of the house and agree to obtain it through bidding, it shall be allowed;

（2） Divide the price between both parties in the auction house. If neither party claims ownership of the house, the proceeds from the auction of the house shall be divided based on the application of the parties involved.

（3） One party obtains ownership, and the other party provides corresponding economic compensation to the other party. If one party claims ownership of the house, the evaluation agency shall evaluate the house at market price, and the party who obtains ownership of the house shall provide corresponding compensation to the other party;