Whether the house belongs to common property and how to divide it are mainly judged and handled in the following situations:
1. The house purchased by the husband and wife after marriage and the property right of the house are obtained. Because the house was obtained during the marriage, whether the name of one party or both parties on the property certificate is common property.
2. One party of the couple paid all the house money before marriage and obtained the house property certificate. The house is pre marital property.
3. The house purchased by one party before marriage through mortgage loan and obtained the house property certificate, and the house repaid by both parties after marriage, although the house was purchased by one party before marriage, the part of the house repaid by both parties after marriage, unless otherwise agreed by both parties, shall be regarded as common property.
4. Both parties paid for the house before marriage, but the property certificate obtained before marriage only has one party's name. In this case, if it cannot be confirmed that they have contributed and are not donated to the other party, it can only be the pre marital personal property of one party on the property certificate.
Article 17 of the Marriage Law of the People's Republic of China stipulates that the following property acquired by husband and wife during their marriage shall be jointly owned by the husband and wife:
（1） Salary and bonus
（2） Income from production and operation;
（3） Income from intellectual property;
（4） Property derived from inheritance or donation, except as provided for in Item 3 of Article 18 of this Law;
（5） Other properties that should be jointly owned.
Article 18 stipulates that under any of the following circumstances, it shall be the property of the husband and wife:
（1） Premarital property of one party;
（2） Medical expenses, living allowance for the disabled and other expenses received by one party due to physical injury
（3） The property determined in the will or gift contract to belong to the husband or wife only;
（4） Daily necessities for one party;
（5） Other properties that should belong to one party.
The first paragraph of Article 19 stipulates that the husband and wife may agree that the property acquired during the marriage relationship and the pre marital property shall belong to their own ownership, joint ownership, or part of their own ownership, part of their joint ownership. The agreement shall be in writing.
