Article 17 Property of Husband and Wife The following property acquired by husband and wife during the marriage relationship shall be owned by 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.
Extended data
Case:
Ms. Wang and Mr. Zhang bought a set of affordable housing in Beijing after they got married. Due to Mr. Zhang's financial difficulties, the down payment of 300,000 yuan was paid by Ms. Wang. Because Ms. Wang does not have the qualification to buy affordable housing in Beijing, the real estate license is under Mr. Zhang's name. Now Ms. Wang is suing for divorce and asking the court to award the property to herself. Mr. Zhang agreed to divorce, but said that the house was his own, because his name was registered on the real estate license.
The court held that although Ms. Wang paid all the down payment of the house, registering the house in Mr. Zhang's name was her contribution to giving personal property to the other party by her own behavior, so the house involved was treated as the property of both parties.
If one party purchases the house after marriage with personal property before marriage, and the house is in its own name and the down payment has been paid in full, it shall be treated as * * * first, and then as * * *; If paid in full, it will be regarded as personal property. If the house is under the name of both parties or the other party, the personal property contribution shall be regarded as a gift to the other party, and the whole house shall be treated as the same property.
People's Network-How to divide a house after marriage and divorce?