Marriage law divides the property of husband and wife, so the division of real estate must first make clear what is the joint property of husband and wife and the scope of the joint property of husband and wife. It is clear that husband and wife * * * have property. Let's talk about how to divide the property in the new marriage law. How to divide the property can be divided into the following situations. (a) the new marriage law stipulates that one party gives the other real estate, how to divide the divorced real estate? Article 6 of Judicial Interpretation III of Marriage Law: Before marriage or during the marriage relationship, if the parties agree to give the property owned by one party to the other party, and the donor cancels the gift before the registration of the change of the donated property, and the other party requests the order to continue the performance, the people's court may handle it in accordance with the provisions of Article 186 of the Contract Law. At this time, if one party gives the other party real estate, even if they have been married for many years, as long as the real estate has not been transferred, the donor can cancel the gift, and the real estate will still be owned by the donor at the time of divorce and will not be divided. (two) the new marriage law stipulates that one parent contributes to the purchase of a house, how to divide the divorced property? Article 7 of Judicial Interpretation III of Marriage Law If the property right of the property purchased by one parent for their children after marriage is registered in the name of the investor's children, it can be considered as a gift to only one of their children according to the provisions of Item (3) of Article 18 of Marriage Law, and the property should be considered as the personal property of the husband and wife. At this time, if one parent invests in buying a house after marriage, the registration of property rights in the name of their children is a gift to their children, which has nothing to do with the other parent during the period of sealing up the marriage relationship. When divorced, it is not divided as the personal property of husband and wife. (3) According to the provisions of the new marriage law, how to divide the divorced property when both parents contribute to buying a house? "Judicial Interpretation of Marriage Law III" The property purchased by both parents, whose property rights are registered in the name of a child, can be recognized as shared by both parties according to their respective parents' share of capital contribution, unless otherwise agreed by the parties. Houses purchased by parents after marriage, no matter which party is registered, will be divided according to the share of capital contribution when divorced. (d) The new marriage law stipulates that if one party buys a house before marriage, how will the divorced property be divided? Article 10 of Judicial Interpretation III of Marriage Law: 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. If the real estate is registered in the name of the down payment, 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 decide that the real estate belongs to the party with registered property rights, and the unpaid loan is the personal debt of the party with registered property rights. After marriage, the amount paid by both parties to repay the loan and the corresponding value-added part of the real estate shall be compensated to the other party by the party handling the property right registration according to the principle stipulated in the first paragraph of Article 39 of the Marriage Law. At this time, for the house purchased before marriage, even if it is repaid after marriage, the house belongs to the husband and wife's personal property, and the property will not be divided when divorced. (5) The new Marriage Law stipulates how to divide the divorced property when buying a house in the name of parents. Article 12 of Judicial Interpretation III of Marriage Law: During the marriage relationship, if both parties buy a house in the name of one parent with the joint property of husband and wife, and the property right is registered in the name of one parent, if the other party advocates dividing the house according to the joint property of husband and wife at the time of divorce, the people's court will not support it. The capital contribution when buying a house can be treated as creditor's rights. At this time, both parties use the same property and buy a house in the name of their parents. If the property right is registered in the name of one parent, the property right of the house belongs to the parents. Divorce does not belong to the property of husband and wife and cannot be divided. Only the capital contribution can be repaid according to the capital contribution. (six) the new marriage law stipulates that how to divide the house and real estate bought by mortgage loans? The ownership of the house purchased by mortgage loan is special. During the marriage relationship, both parties repay the principal and interest of the bank loan with the same income, so it can only be assumed that the existing value of the house belongs to both husband and wife. For the division of housing property rights, in practice, the division of husband and wife property should be equally divided in principle. According to the actual needs of production and life, the source of property, etc. , handled by both parties through consultation. According to Article 2 1 of Interpretation of Marriage Law (II) in China, it is only stipulated that: "If both parties have a dispute over the house that has not yet obtained ownership or full ownership at the time of divorce, and negotiation fails, the people's court should not judge the ownership of the house, but should judge that it should be used by the parties according to the actual situation." But it should be treated differently in two situations: first, before marriage, one of the husband and wife has paid the house price before marriage, so the house must be the personal property of the husband and wife before marriage. Second, the mortgage loan to repay the house after marriage is paid by both parties, which belongs to the common property of both parties and is divided according to the mortgage amount. For the related division of divorced property, it is best for both parties to negotiate and finally deal with it. If both parties can't negotiate the divorce property, they can divorce through court proceedings. Generally speaking, for the division of real estate, the division of real estate needs to be judged according to the actual purchase of real estate.