How to calculate the value added part of joint repayment
Update time：2017/9/19 12:23:44 Browse times：347
We accept the entrustment of client a to represent her in divorce disputes, property division disputes after divorce, and her parents sue her for loan disputes. The three disputes about divorce are not rare in real life. The property division disputes between the two parties after divorce is a typical property of one husband and wife, but the other party participates in joint loan repayment after marriage. When divorce, it is required to divide the joint repayment part and the value-added part of loan repayment. For the value-added part of loan repayment, there are many calculation methods in the current judicial practice. Through consulting the case and the court's judgment on this case, we will summarize the more common calculation methods as follows for your reference.
First, determine the total amount of the principal and interest of the couple's joint repayment of the loan after marriage; at this stage, the judge will examine the funding source of the loan repayment. In principle, the party who advocates the value-added division must prove to the court the source of the capital that he contributed to repay the loan. If both parties can not prove to the court that they have contributed more, the court generally presumes that the contributions of both parties are equal.
Second, determine the down payment, necessary taxes and intermediary fees, total loan repayment principal and interest (hereinafter referred to as the total cost of house purchase). At this time, the court will review the total price of the purchase contract, down payment, loans, taxes and fees.
Third, determine the proportion of the loan repayment principal and interest to the total cost of house purchase.
Fourth, to determine the value-added housing, the couple can negotiate to determine, or entrust an evaluation agency to assess the value-added of the house between marriage and divorce. The cost of the latter is certainly higher than that of the former.
Fifthly, through the product of the third and fourth items, we can calculate the final value-added of joint repayment.
Sixth, in principle, half of the value-added part of the joint repayment is the appreciation compensation due to one party. However, the final amount is not absolute, and the court can consider the ability of both parties to repay the loan, how much, and take care of the woman and children.
