Enquiring knowledgeable people Inquisitive education Hospital Treasury

How to Divide the Divorce when Parents Invest in Buying a House for Their Children

home page

How to Divide the Divorce when Parents Invest in Buying a House for Their Children


        

Submit answer
Favorable reply
  • 2024-06-24 14:01:42

    First, after marriage, one of the parents fully contributed to buy the house, and the property right was registered in the name of their children. In this case, the divorce house property can only be regarded as a gift from the contributing parents to their children, and the house property should be recognized as the personal property of the contributing children, not as the joint property of the husband and wife for division. The reason for this is that considering the national conditions of our country, parents contribute to buy a house so that their children can live a better life and spend all their money to help their children buy a house. It will be unfair if it is recognized as the joint property of husband and wife at this time.
    Second, after marriage, one parent pays for the house, and the property right is registered in the other party's name. How to divide the divorced house? After marriage, one parent pays for the house, and the property right is registered in the other party's name is the most common. In this case, how to divide the divorce property? Considering the reality, this kind of situation has the meaning of giving to both husband and wife. Therefore, unless there is evidence to prove that the house bought by one of the parents after marriage is a gift to their children, it is generally recognized as the joint property of husband and wife when the divorce house is divided.
    Third, after marriage, both parents contributed to buy a house, and the property right was registered under one person's name. How to divide the divorced house property is also common in practice, and there are most disputes. The marriage law of our country stipulates that the house property purchased is recognized as the ownership of the house by both parties according to their parents' share of capital contribution. In other words, the amount of contribution of parents should be taken into consideration when dividing the divorced property.
    Fourth, after marriage, both parents contribute to buy a house, and the property right is registered in both parties' names. How to divide the divorced house property? After marriage, both parents contribute to buy a house, and if it is registered in both parties' names, it is regarded as the joint property of the husband and wife. When the divorced house property is divided, it is divided according to the joint property of the husband and wife. Unless otherwise agreed by both parties for the property.
    Fifth, when purchasing a house by mortgage after marriage, if one parent makes a down payment, and the property right is registered in the name of his or her own children, and the husband and wife repay the loan jointly, how can the divorced house property be divided? The down payment can be regarded as a gift only to the children of the parents who contributed money. When the divorced house property is divided, the house property should be recognized as the joint property of the husband and wife. [Relevant basis] Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China
    (2) [201225] Article 22 Before the marriage of the parties, if the parents contributed to the purchase of houses for both parties, the contribution shall be recognized as a personal gift to their children, except for those that the parents clearly expressed to donate to both parties. After the marriage of the parties, if the parents contribute to the purchase of the house for both parties, the contribution shall be recognized as a gift to both parties, except that the parents clearly express that they will donate to one party.

  • civil Relevant knowledge

  • law

Related recommendations

Loading
Latest Q&A Recommendation Hot topics Hot spot recommendation
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
return
Top
help opinion
feedback

Confirm to report this problem

Reason for reporting (required):