对于夫妻一方婚前财产于婚后所生利益在离婚时的归属由于法律规定不明确和不具体,历来较有争议。笔者认为婚前个人按揭房产权应该归属于个人,但是对于在婚姻关系存续期间房屋的增值部分,只要双方在婚姻关系存续期间对房贷进行了共同偿还,离婚时应该对这部份的增值享有对等的权利。国家相关部门应该尽快制定并出台相应的法律法规或司法解释,以在司法实践中统一做法,减少争议。 As for the vested interests of a spouse’s pre-marital property after marriage at divorce, the law has always been unclear and unspecified, it has always been more controversial. The author believes that the pre-marital personal mortgage property rights should belong to individuals, but for the duration of the marriage during the value-added part of the house, as long as the two parties during the marriage of the mortgage co-repayment, divorce should enjoy this part of the value-added s right. Relevant departments of the state should formulate and promulgate corresponding laws, regulations or judicial interpretations as soon as possible so as to unify their practices in judicial practice and reduce disputes.