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Whether buying a house after marriage belongs to common property.

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Whether buying a house after marriage belongs to common property.


        

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  • 2024-06-22 08:00:00

    After marriage, one parent will invest to buy a house for their children, which will be used for the married couple to live in. When the husband and wife divorce, the house purchased by one parent after marriage is the joint property of both husband and wife or the personal property of one party. The treatment of the house purchased by one parent after marriage at the time of divorce is basically divided into the following two situations:
    1、 If one parent invests to buy a house for his or her children and the property right is registered in his or her children's name, it shall be recognized as the personal property of the husband and wife. According to the feedback from the public solicitation of opinions in the Interpretation of the Marriage Law (III), both the male parents and the female parents, as contributors, expressed their concern about the loss of family property due to the divorce of their children. In real life, parents often invest all their savings to buy a house for their children's marriage, and generally do not sign a written agreement with their children. If the house is always recognized as the joint property of the husband and wife at the time of divorce, it is bound to go against the original intention and willingness of parents to buy a house for their children, and in fact, it also infringes the interests of parents who contribute to buy a house. Therefore, if the housing property right is registered in the name of the parents and children who contributed to purchase the house, it is considered that it is reasonable for the parents to make clear that only one of their children is given as a gift. Most people agree with this in their feedback, and think that this treatment takes into account China's national conditions and social norms, and is conducive to the settlement of disputes.

    Cai***

    2024-06-22 08:00:00

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