Whether the house transferred by parents belongs to the joint property of husband and wife depends on the specific situation:
1. If the house transferred by parents is not assigned to any party, it belongs to the joint property of husband and wife;
2. If the parents explicitly give only one child when the house is transferred, it does not belong to the same property of the husband and wife.
How to distribute the house when the husband and wife divorce?
Divorced houses are distributed as follows:
1. If you buy a house and mortgage it before marriage and repay it after marriage, the property belongs to the down payment payer, but the part repaid by * * * * should compensate the other party;
2. The property mortgaged after marriage belongs to the joint property of husband and wife. If the real estate license is not obtained, both parties shall negotiate how to divide it. If negotiation fails, the people's court shall make a judgment.
When dividing the house, the source of the house should be properly considered, and the ownership should be awarded to the demolished person, but the other party should be given corresponding economic compensation.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 1062 of the Civil Code of People's Republic of China (PRC).
The following property acquired by the husband and wife during the marriage relationship is the common property of the husband and wife and belongs to the husband and wife:
(1) Wages, bonuses and remuneration for labor services;
(2) Income from production, operation and investment;
(3) Income from intellectual property rights;
(4) Inherited or donated property, except as provided for in Item 3 of Article 1063 of this Law;
(five) other property that should be owned by * * *.
Husband and wife have equal rights to dispose of the same property.