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The rent is from the house rental income, so the rent is the joint property of husband and wife problem, should be divided into two kinds of circumstances:

(a) the house is the joint property of husband and wife, the rent is the joint property of husband and wife

If the house belonging to the joint property of husband and wife, for example, is the couple married the co financed the purchase, then the husband and wife both of the house ownership, so the rent rental housing, should be the joint property of husband and wife.

(two) the house of personal property, the rent is in principle a personal property

If the house does not belong to the joint property of husband and wife, and belongs to the spouse's personal property, for example, is one of the spouses of property purchase, registration of property rights in a person, then the house belongs to one of the spouses of personal property.

Article fifth the new marriage law judicial interpretation, one of the spouses in the marriage of personal property gains, except fruits and natural value, should be identified as the joint property of husband and wife.

Fruits are divided into two kinds, one is called the natural fruits: such as tree fruit, cow calf born. One is the legal fruits: such as bank interest rates, housing rent.

Natural appreciation: refers to such a full personal to buy a house, after the house prices rose, the price difference is natural appreciation.

Therefore, housing rent, is a kind of legal fruits. In accordance with the law, should be identified as a party to the husband and wife personal property.

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