1. According to the provisions of the new marriage law, no matter the name of one party or the names of both parties on the real estate license, as long as the property rights of the house acquired by the husband and wife with the same investment (including loans) after marriage are the same property.

Two, the provisions of the new marriage law on the ownership of property after marriage:

1. After marriage, both husband and wife contribute (including loans) to acquire the property rights of the house, and the house will be divided after divorce.

First of all, it is clear that the real right, whether the name of one party or the names of both parties, is the same property. Secondly, it is clear that the output value, that is, the value of the house, is calculated according to the market price, not according to the original purchase contract amount. Third, distinguish the equity part from the debt part. If loans are involved, the loan part should be deleted first. That is to say, the party that obtains the house pays half of the house value to the party that does not obtain the house, and the party that obtains the house pays the remaining principal and interest separately.

2. One of the husband and wife pays off all the house payment before marriage and obtains the real estate license, and the house is divided at the time of divorce.

According to the Supreme People's Court's "Judicial Interpretation of Marriage Law (II)", the house belongs to premarital property because one of the husband and wife paid off all the house price and obtained the real estate license before marriage. Therefore, when divorcing, the other party has no right to ask for division.

3. One of the husband and wife bought a house through mortgage loan before marriage and obtained the real estate license. After marriage, the husband and wife jointly repay the loan, and the house is divided after divorce.

Although the house is purchased by one party before marriage, the value-added part and the repayment part of the house after marriage are regarded as the same property, unless otherwise agreed by the husband and wife. It should be noted that the repayment part of * * *, whether it is repaid by one party's personal salary or by the wages of both parties, should be recognized as the property of husband and wife. Of course, if one party can really prove that its repayment funds come from personal premarital property, then this part should not be recognized as marital property.

4. If one of the husband and wife paid part of the house price before marriage, but obtained the real estate license after marriage, both parties will repay after marriage, and the house will be divided after divorce.

Although the real estate license is a title certificate and a legal document to prove the ownership relationship of the house, it does not mean that the house that obtains the real estate license after marriage should be the property after marriage, or the source of property should be subdivided into two parts: pre-marriage and post-marriage.

5. One spouse pays part of the house payment before marriage and repays the loan after marriage, or one spouse repays the loan with personal property, but the house appreciates. At the time of divorce, the house did not have a real estate license.

According to the Supreme People's Court's "Judicial Interpretation of Marriage Law (II)", when divorcing, if both parties have disputes over the houses that have not yet obtained ownership or have not yet fully obtained ownership, and negotiation fails, the people's court should not judge the ownership of the houses, but should judge the use of the houses by both parties according to the actual situation. After obtaining the property right certificate, either party brings a lawsuit to the court alone. In addition, the First People's Court of the Supreme People's Court made it clear that it is not appropriate for the court to judge the ownership of the house, including: (1) buying welfare policy houses; (two) the purchase of commercial housing; (3) Purchase affordable housing. If the above three houses are purchased and the property ownership certificate has not been obtained at the time of divorce, the court should not directly make a judgment on the ownership of the house.