Whether the housing accumulation fund belongs to the personal property of one spouse.

According to the Marriage Law of the People's Republic of China and relevant judicial interpretations, the housing accumulation fund obtained by husband and wife during the marriage period belongs to the joint property of husband and wife, but after divorce, the housing accumulation fund still belongs to the original personal property without consultation and judgment.

During the marriage relationship, the housing accumulation fund paid by both husband and wife belongs to the common property of husband and wife, and both parties have the right to use and distribute it. However, after divorce, if there is no negotiation or court judgment, the housing provident fund still belongs to their personal property. It is worth noting that if the husband and wife agree on the allocation of housing provident fund in the divorce agreement, then this agreement should be respected and implemented. However, if there is no clear agreement in the divorce agreement, it needs to be handled with reference to relevant laws and regulations. In addition, if one of the husband and wife once purchased the property separately during the marriage relationship and used the housing provident fund for partial payment, then this part of the provident fund also belongs to the common property of the husband and wife and needs to be distributed.

What should I do if there is a dispute between husband and wife on the distribution of housing provident fund after divorce? Disputes over the allocation of housing provident fund after divorce can be resolved through consultation or litigation. In consultation, the two sides can reach a consensus according to the specific situation; In litigation, you need to follow the relevant legal procedures.

The ownership of housing accumulation fund is an important part of divorce property distribution, which needs to be judged in combination with specific conditions. If both husband and wife can reach a consensus through equal consultation, it is best to solve the distribution problem in the negotiation process. If negotiation fails, it shall be handled according to relevant laws and regulations.

Legal basis:

Article 38 of the Marriage Law of the People's Republic of China After divorce, the provisions of Article 37 of this Law shall apply to the disposal of the joint property of husband and wife. At the time of divorce, one party's personal property includes the property listed in the preceding paragraph, and the other party has no right to share it.