The most important prerequisite for marriage in China is to own a home. And as the divorce rate increases, disputes about home ownership have become the most common part of divorce lawsuits. The topic was again thrust firmly into the public spotlight on November 11, 2010, when the Supreme People's Court released a significantly different interpretation of several contentious aspects concerning the application of China's Marriage Law in the hope of addressing several divisive issues. Attracting the most attention is the section on who owns the home after divorce.

The new regulations said that if one party of the couple paid the down payment, secured the home loan and registered the house under his or her name, he or she would have the right to keep the house after a divorce. The mortgage then becomes this party's personal debt. In addition, if the property is purchased by one party's parents and is registered under his or her name, it can be regarded as donated property and should be kept by that party after a divorce.

Current Marriage Law states that property bought by one party of the couple before marriage will become to the couple's joint property after eight years of marriage.

Public opinion on this new regulation is divided. Those in favor of it believe that is a protection of personal legal property. However, others maintain that it may lead to a higher divorce rate and is making women more vulnerable in wedlock.