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婚前一人購買,婚後共同還貸,離婚房屋如何處理

任小姐問：你好，我有個問題，我99年購買了一套住房，首付款是16萬，剩余12萬是貸款，2000年結婚，2002年將貸款還完。2004年我離婚，那房屋是不是夫妻共同財産，如何處理？

答：嚴格來講不是夫妻共同財産，根據婚姻法第第十八條“一方的婚前財産爲夫妻一方的財産”因此您婚前支付的房款應當是您的婚前財産，而婚後雙方所得財産，除法律規定的其他情形外應當屬于夫妻共同財産，同時如果雙方沒有約定財産歸各自所有，那麽婚後所産生的債務應當屬于夫妻共同債務。因此，您從2000年至2002年貸款的部分應當作爲償還夫妻共同債務的出資。所以婚後的貸款部分夫妻雙方應當平均分擔。

王鵬

上一篇律師堅持的兩個條款爲委托人多掙6個億

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