(I) Welfare housing
A welfare house rented by one party before marriage and purchased with the couple's joint property after marriage, and whose ownership is registered in the name of one party, should also be recognized as the couple's joint property.
(II) Public housing reformed from state-owned housing
① Unless otherwise agreed by both parties, the housing reformed by the state that an individual purchased before marriage belongs to the individual's premarital property and will not be divided as the couple's joint property during the divorce.
② The public housing purchased and obtained ownership during the continuation of the marriage relationship shall be deemed as the couple's joint property. If the registered party claims that the public housing is his/her personal property, he/she shall provide evidence to prove that the acquisition of the public housing has nothing to do with the other party and the other party has not suffered any losses from it. Otherwise, it shall be deemed as joint property. At this time, the party who contributed the funds may be appropriately awarded a larger share according to the actual circumstances;
③ For houses where the ownership has not been obtained or where only partial ownership is enjoyed, in divorce litigation, judgments cannot be made on the ownership and division of the house, but only on the right to inhabit and use the house. After obtaining the ownership of the house, the parties can resolve the dispute through separate litigation;
④ During the continuance of the marriage relationship, if the couple uses their jointly owned property to purchase a house participating in the housing reform under the name of one of the parents, and the property is registered under the name of one of the parents, the court will not support the other party's claim to divide the house as marital joint property during the divorce. However, the funds invested in the purchase of the house can be treated as a creditor's claim.
(III) Houses on residential plots
① A house built by one party before marriage and used by both spouses after marriage. If there is no contrary agreement between the two parties, the property belongs to the builder's premarital personal property and is owned by the builder. If the debt incurred during the construction of the house before marriage is paid off with the couple's joint property, the party who obtains the property shall compensate the other party with half of the total amount of the debt repaid;
② If a parent builds a house on the homestead for their children to use as a residence after marriage, and the house is registered in the children's name, whether the property can be recognized as the couple's joint property of the children depends on the time of construction of the house: if it is built before marriage, it is generally regarded as a gift from the parents to the children, and the children's spouse has no right to divide it; if it is built after marriage, it is generally regarded as a gift from the parents to both the children and their spouse, and the house is the couple's joint property of the children. However, this does not apply if the parties have agreed otherwise.
③ Houses on residential plots approved by the government and built and jointly inhabited by families belong to the common property of the family. In the event of divorce, the share of the property belonging to the couple should be firstly separated out, and then the portion belonging to the couple's property should be divided;
④ For houses on residential plots that have not obtained ownership certificates, the court generally does not deal with ownership issues, but only makes rulings on the right to inhabit or use them;
⑤ For residential land houses that have already obtained ownership certificates, due to their restricted transferability, they cannot be disposed of through sale or auction. In divorce cases, the usual approach is to award ownership to one party and provide compensation to the other party at the same time.