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案例侯先生与马女士于2003年3月26日登记结婚。婚前侯先生办理按揭贷款,购买了一套商品房,并于2003年1月30日向房产登记部门申请登记,2005年2月18日拿到了《房地产权证》,产权所有人登记在侯先生名下。2008年5月双方因感情不和离婚,但对房屋的所有权认定存在分歧。侯先生认为该房是结婚之前购买的,且登记在自己名下,属婚前个人财产;马女士则认为该房屋是夫妻共有财产,理由是该房屋的产权证是在他们结婚登记后取得的,且婚后共同还贷。
Case Hou and Ma on March 26, 2003 registration of marriage. Mr. Hou handled the mortgage loan and purchased a set of commercial housing before his marriage. He applied for registration with the real estate registration department on January 30, 2003 and obtained the “real estate title certificate” on February 18, 2005. The owner of the property right was registered under the name of Mr. Hou. In May 2008, both parties divorced because of their feelings of displeasure, but they disagreed about the ownership of houses. Hou believes that the room was purchased before marriage, and registered in his own name, is a pre-marital personal property; Ms. Ma believes that the house is the husband and wife have common property on the grounds that the housing title certificates obtained after their marriage registration, And common repayment after marriage.