Under the Chinese legal system, the ownership of real estate is generally determined in accordance with the relevant provisions of the joint property system and the individual property system. For the house you mentioned, if the down payment was made by the husband before the marriage and was registered in the husband's name, then the down payment portion of the house may be considered the husband's personal property. However, if the spouses make joint mortgage payments during the marriage, the value of the property for that part of the payment may be considered community property.
First, let's take a look at the legal requirements. According to the Marriage Law of the People's Republic of China, the property acquired by the husband and wife during the existence of the marital relationship, regardless of whose name it is registered, generally belongs to the joint property of the husband and wife. At the same time, if the spouses agree otherwise, or if there is a presumption in accordance with the relevant law, it can also be determined as personal property.
In your case, if the house was made by the husband before the marriage with a down payment and was registered in the husband's name, then the down payment portion may be considered the husband's personal property. However, if you make joint mortgage payments after the marriage, the value of the property may be considered joint property. In practice, the ownership and division of real estate need to be judged according to the specific circumstances, including the time of purchase, payment method, and the agreement on the joint property of the husband and wife.
So, if you want a share of the property, there are a few ways to do so:
Negotiate a settlement: You can negotiate with your husband to reach a reasonable division plan based on the actual situation. If the parties can reach an agreement, it can be resolved by signing an agreement or dividing the property.
Court Decision: If you are unable to negotiate a settlement with your husband, you can file a lawsuit with the court to ask the court to divide the property. The court will make a judgment based on the actual circumstances to determine the share of the property to which each party is due.
Appraisal: If no agreement can be reached through negotiation or court decision, you can consider asking a professional appraisal agency to appraise the property, and then divide it according to the appraisal results.
It should be noted that the issues involved in the division of real estate are relatively complex, and the specific situation needs to be comprehensively judged according to multiple factors such as the time of purchase, payment method, joint property agreement between husband and wife, and house value evaluation. Therefore, it is advisable to seek the help and advice of a professional lawyer before considering dividing the property to ensure that your rights and interests are properly protected.
To sum up, for the house you mentioned, if the husband made a down payment before the marriage and registered it in the husband's name, whether you can get a share of the property depends on the specific situation. If you make joint mortgage payments after the marriage, the value of the property may be considered joint property. You can negotiate a settlement with your husband or file a lawsuit in court to ask the court to divide the property. At the same time, it is recommended that you seek the help and advice of a professional lawyer to ensure that your rights and interests are reasonably protected.