Case introduction Shimou and Zhao were introduced in 2005 and registered to get married in 2006. After marriage, they invested 200,000 yuan to buy a house. Due to his own lack of conditions, Shimou borrowed his brother's provident fund and paid off the bank loan in his name. At the same time, the property registrant is also a brother and sister. Subsequently, Shimou and his wife lived in the disputed house. Lawyer Zhang Lei's legal analysis (1) First of all, the house was purchased by Shimou and his wife at a cost of 6.5438+0.6 million yuan after their marriage. Although it was purchased by Shimou's brother's provident fund loan, the mortgage was also made by Shimou and his wife. Although the property right is registered under the name of Shimou's brother, Shimou's brother and wife did not actually contribute, so this house should belong to Shimou and his wife. Shimou's brother and wife have no right to divide the house when they get married. (2) The fact that they borrowed their brother's provident fund to repay the loan can be recognized as a loan-debt relationship. The money owed should be returned to Shimou's younger brother. According to relevant laws and regulations, the provident fund belongs to the joint property of husband and wife. If Shimou and his wife return their brother's provident fund, the provident fund can be divided as husband and wife's property. Legal basis Article 17 of the Marriage Law The following property acquired by husband and wife during the marriage relationship shall be owned by both husband and wife: (1) wages and bonuses; (2) Income from production and operation; (3) Income from intellectual property rights; (4) Inherited or donated property, except as provided for in Item 3 of Article 18 of this Law; (five) other property that should be owned by * * *. Husband and wife have equal rights to dispose of all property. Interpretation of Marriage Law (II) Article 11 During the marriage relationship, the following property belongs to "other property that should be owned by * * * *" as stipulated in Article 17 of the Marriage Law: (1) income obtained by one party through personal property investment; (2) Housing subsidies and housing accumulation funds actually obtained or should be obtained by both men and women; (three) the old-age insurance and bankruptcy resettlement compensation actually obtained or should be obtained by both men and women.