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Focusing on the field of marriage inheritance for 22 years, Beijing's "Top Ten Lawyers in Marriage and Family Law", President of the "Marriage and Family Law Research Association" of Haidian District Lawyers Association, "Excellent Professional Lawyers" of Haidian District, and "Excellent Lawyer Party Members" have undertaken typical cases in recent two years. 1. The divorce case between Ms. Wang of Beijing and her husband, who served as the chairman of a large foreign trade company in Beijing, Divide eight houses (including two villas) of the couple's common property and RMB 60 million in cash; The liquidation case of Mr. Liu in Tangshan, Hebei, saved more than 80% of the company's property, worth tens of millions of yuan; 2. Rectification of real estate (villa) sales contract between Mr. Zhang in Shanghai and Ms. Li in Beijing

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Lawyer of Beijing Yingke Law Firm

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Whose child's name is the down payment made by parents?

ask****648 Jiangsu Huai'an Inheritance Consultation 2024.05.21 14:00:23 413 people read

Whose child's name is the down payment paid by parents

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Region: Jiangsu Huai'an Answers: 2746

Is it the name of both husband and wife?

2024-05-21 15:04:02 Reply
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Region: Jiangsu Huai'an Consultation answer: 1202

The down payment paid by parents, whose children's names are written, children

2024-05-21 14:14:43 Reply


1、 The property certificate is the son's name
1. If the house property certificate is obtained before the marriage certificate, the house property is owned by the son. The down payment before marriage belongs to the son, and the repayment after marriage is considered as common property, which is shared equally by the husband and wife
2. The house property certificate is obtained after marriage, and the house property belongs to the husband and wife. The married repayment belongs to the joint property of the husband and wife (generally, the married property ownership certificate is jointly signed)
2、 The house property certificate is the name of the husband and wife
The house is jointly owned by the husband and wife, and the repayment of loans after marriage is considered as joint property, which is shared equally by the husband and wife
Equal distribution only refers to the common property of the husband and wife, and the premarital property and the premarital house are not equally divided.
When the house was worth 600000 yuan, it rose 700000 yuan a few years later. Divide the current 700000 yuan value minus the down payment of the year by 2?
No, yes (the value of the house at divorce - the value of the house at marriage)/2, provided that the house is jointly owned

If both parents have contributions, it is divided according to the share; If one parent contributes to the fund, the investor can be divided into several parts.

If the parents pay the parents down to repay the loan, the ownership of the house is generally subject to the wishes of the parents.
    
    
First of all, if the parents contributed to the purchase of a house for both parties before the marriage of the parties concerned, the contribution should be recognized as a personal gift to their children, except for those whose parents explicitly expressed that they would donate to both parties.
    
    
Secondly, after the parties get married, if their parents contribute to the purchase of houses for both parties, they shall be dealt with in accordance with the agreement; If there is no agreement or the agreement is not clear, it shall be handled in accordance with the principle set forth in Item 4, Paragraph 1, Article 1062 of the Civil Code.
    
    
[Legal Basis]
    
    
Article 29 of the Interpretation of the Marriage and Family Code of the Civil Code of the People's Republic of China (I): If the parents of the parties contributed to the purchase of houses for both parties before marriage, the contribution should be recognized as a personal gift to their children, except for those whose parents explicitly gave to both parties.
    
    
After the parties get married, if their parents contribute to the purchase of a house for both parties, the matter shall be handled in accordance with the agreement; If there is no agreement or the agreement is not clear, it shall be handled in accordance with the principle set forth in Item 4, Paragraph 1, Article 1062 of the Civil Code.

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