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房屋权属登记时间是区分该房屋是否属于夫妻共同财产的重要考量指标。在夫妻一方婚前购买并支付全款的房屋、婚后取得权属登记的情形下,该套房屋在夫妻双方离婚时可否作为共同财产进行分割。对此有两种不同认识,一是属于夫妻共同财产,可以分割;二是不属于夫妻共同财产,不能分割。透过考察《法国民法典》、《德国民法典》以及我国的《民法通则》,最后认定这种情况下,该房屋应认定为个人财产,而不是夫妻共同财产,离婚时不能加以分割。
Housing ownership registration time is to distinguish whether the house belongs to the common property of husband and wife is an important consideration indicators. In the case of a house purchased and paid in full by a spouse before marriage, ownership of the house is registered, and whether the house can be split as common property when the spouses divorce. There are two different understanding of this, one is the common property of husband and wife, can be divided; the second is not the common property of husband and wife, can not be divided. Through examining the French Civil Code, the German Civil Code and the General Principles of Civil Law in our country, we conclude that under such circumstances, the house should be recognized as personal property rather than common property of husband and wife, and divorce can not be divided.