1, before marriage, both parties contributed to buy a house, and the property rights were registered in the name of one party. In practice, it often happens that both parties contribute to buying a house, and the man registers the house in the name of the woman in order to please her. Who owns the divorced house? This situation is more troublesome. If the registered party refuses to recognize the other party's contribution, or considers the other party's contribution as a gift, it will be difficult for the court to support the unregistered party's request. In other words, the unregistered divorce party can request the division of property, unless there is evidence to prove that it has contributed, and the contribution is not a gift, otherwise it may eventually be both human and financial. 2. One spouse pays down payment to buy a house before marriage, and both spouses repay the loan after marriage. The house is registered in the name of the down payment person, and the divorced property belongs to the new marriage law. One of the husband and wife signed a house sales contract before marriage, paid the down payment with personal property, and borrowed money from the bank. After marriage, the husband and wife use the same property to repay the loan. The real estate is registered in the name of the down payment party, and the divorced real estate belongs to the registered party. Therefore, in this case, how to divide the registered real estate has laws to follow. The outstanding loan is the personal debt of the party who obtains the real estate. Because the husband and wife repay the loan together after marriage, the other party needs to be compensated when the divorced property is divided. Of course, according to the principle of agreement priority, if both parties reach an agreement on the property, they can divide the property according to the agreement when divorcing. 3. If one party fully invests in buying a house before marriage and obtains the real estate license, who owns the divorced property? If one party buys a house in full before marriage and obtains the real estate license, there is no doubt that the property belongs to the one before marriage, and it is not included in the joint property of husband and wife when the property is divided during divorce, and the other party has no right to ask for the division of property. 4. If one party fully invests in buying a house before marriage and obtains the real estate license after marriage, which party owns the divorced property before marriage and obtains the real estate license after marriage. We can't simply think that property is shared by husband and wife. In fact, one party has already fulfilled the contractual obligation of buying and selling houses by investment before marriage, and the property right certificate only confirms the property right of the buyer. Therefore, when divorce property is divided, the property belongs to the premarital party and does not participate in the division of the same property of husband and wife; 5. Before marriage, one parent contributed capital, and the property right was registered in the name of the child. Who owns the divorce property? When buying a house before marriage, if one of the parents fully contributes to the purchase of the house by their children, and the property right is registered in the children's name, the property belongs to the registered party's personal property before marriage. When the divorce property is divided, the other party has no right to request the division of the registered property. If parents help their children to buy a house before marriage, they will only pay part of the purchase price, and the remaining purchase price will be repaid by the husband and wife's marital mortgage. When the divorce property is divided, the house will generally be awarded to the waiting room, and the one who gets the house will compensate the other for the loan repaid during marriage and the appreciation of the house. 6. Before marriage, one parent contributed capital and the property rights were registered in the names of both parties. Who owns the divorce property? Before marriage, one parent sponsored their children to buy a house, and the property rights were registered in the names of both parties. When the divorce property is divided, it should be recognized as the joint property of husband and wife. If both parties have an agreement on the share of real estate, they shall enjoy the property right of the house according to the agreement. 7. Parents subsidize their children to buy a house. Before marriage, both parents contributed, and the property rights were registered in the name of a child. Who owns the divorce property? Even if the property right is registered in the name of one of the children before marriage, it should be considered as a gift to their respective children at the time of divorce, but not as a gift to both parties, nor as a gift to one party. Therefore, when the divorced real estate is divided, it enjoys the share of real estate according to the proportion of parents' investment.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 1076 If a husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office. The divorce agreement shall specify the expression of willingness of both parties to divorce and the consensus on matters such as child support, property and debt disposal.
Article 1079 If one of the spouses requests a divorce, the relevant organization may mediate or directly file a divorce lawsuit with the people's court. When trying divorce cases, the people's court shall conduct mediation; If the relationship has indeed broken down and mediation is ineffective, divorce should be granted. In any of the following circumstances, if mediation fails, divorce shall be granted:
(a) bigamy or cohabitation with others;
(2) committing domestic violence or abusing or abandoning family members;
(three) gambling, drug abuse and other bad habits;
(four) separated for two years due to emotional discord;
(5) Other circumstances that lead to the breakdown of the marriage relationship. If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted. After the people's court ruled that divorce is not allowed, if the two parties have separated for one year and one party files a divorce lawsuit again, divorce shall be granted.
Article 1085 If a child is directly raised by one party after divorce, the other party shall bear part or all of the alimony. The amount and duration of the expenses shall be agreed upon by both parties; If the agreement fails, the people's court shall make a judgment.
The agreement or judgment stipulated in the preceding paragraph shall not prevent the children from making reasonable demands to either parent over the original agreement or judgment when necessary.
Article 1087 At the time of divorce, the property of husband and wife shall be handled by mutual agreement; If the agreement fails, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children, the woman and the innocent party. The rights and interests enjoyed by husband and wife in the contracted management of family land are protected according to law.