(two) after marriage, one or both parties purchased the house with the joint property of the husband and wife and obtained the real estate license. After marriage, one party buys a house with the joint property of husband and wife, and repays the loan with the joint property of husband and wife. No matter which name the real estate license is registered in, the real estate should be shared by husband and wife. Divorce property is divided according to the joint property of husband and wife.
(three) one parent pays the down payment, the property right is registered in the name of the child, and the husband and wife jointly repay the loan. In this case, the down payment can be considered as a gift only for the children of investors. At the time of divorce, the real estate is the joint property of husband and wife, and the down payment should be recognized as the personal property of the investor's children. * * * The repayment part belongs to the husband and wife * * * to repay the loan with real estate, which is inseparable when divorced.
Legal basis: Article 1087 of the Civil Code of People's Republic of China (PRC). At the time of divorce, the joint 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.