Legal basis: the Supreme People's Court's Interpretation on the Application of Marriage and Family in the Civil Code of People's Republic of China (PRC) (I).
Article 77 If the two parties have a dispute over a house that has not yet obtained ownership or full ownership at the time of divorce, and negotiation fails, the people's court shall not judge the ownership of the house, but shall judge that it should be used by both parties according to the actual situation.
After the parties have obtained the full ownership of the house specified in the preceding paragraph, if there is any dispute, they may bring a lawsuit to the people's court separately.
Article 78 If a husband and wife sign a real estate sales contract before marriage, pay the down payment with personal property and borrow money from the bank, and repay the loan with the same property after marriage, and the real estate is registered in the name of the down payment payer, the real estate shall be handled by both parties through agreement at the time of divorce.
If no agreement can be reached in accordance with the provisions of the preceding paragraph, the people's court may rule that the real estate belongs to the registrant, and the outstanding loan is the personal debt of the registrant. At the time of divorce, one party to the real estate registration shall compensate the other party according to the principle stipulated in the first paragraph of Article 1087 of the Civil Code.