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夫妻一方婚前签订不动产买卖合同,以个人财产支付首付款并在银行贷款,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,离婚时双方协议不成的,人民法院应当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,由产权登记一方对另一方进行补偿。
One of the husband and wife signed a contract for the sale of real estate before marriage, with personal property to pay the first payment and loans in the bank, after marriage with the common property repayments by the couple, real estate registration in the name of the payer, the divorce, the two sides failed to agree, the people’s court should decide The realty property right registration side, has not yet returned the loan for the property registration party’s personal debt. Both parties pay the amount due after the joint repayment of their marriage and the corresponding part of the added value of the property, the property registration party shall compensate the other party.