- How to Split Houses in Divorce in China?
- December 30, 2015
- Law Firm: YingKe Law Firm - Beijing Office
- For houses which have no ownership title yet
By related interpretations of PRC Supreme Court, where a couple has not got full ownership title of their house when divorce, the court shall not make a ruling to decide the belonging of the house. However the court may decide who can use the house. After the title is issued, the divorced couple may bring another lawsuit to split the house.
For houses with mortgage
Where the couple pay down payment and mortgage loan together after marriage for the house, it is joint tenant and shall be split half to half.
One spouse buys a house before registry of marriage by mortgage, and pays loan by incomes after marriage, the house could belong to the buyer. But the buyer shall compensate the other party in the amount of loans paid after marriage and corresponding added value.
For houses bought with help of parents
If one spouse’s parents buy a house with lump sum and the house is registered under the name of the spouse, no matter before or after marriage, the house belongs to the spouse only.
If one spouse’s parents pay down payment after marriage, and the couple pay the loan periodically, the house is joint tenant.
If both the spouses’ parents buy together a house for the couple, the house is tenant in common in accordance with shares injected by each spouse’s parents.
If one spouse’ parents pay down payment for their child before marriage, and the couple pay the loan together after registry, the house may be ruled to belong to the spouse only. But they shall compensate the other party for loans together they paid.