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How to Divide Divorce after Parents Invest in Buying a House

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How to Divide Divorce after Parents Invest in Buying a House


        

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  • 2024-06-26 15:01:42

    After marriage, parents contribute to buy a house. The division of this kind of house property during divorce needs to be analyzed in combination with different situations:
    1. If the parents of both parties make capital contributions after marriage and the property right is registered in the name of one person, in this case, according to the provisions of the judicial interpretation of the Marriage Law, the house property shall be deemed that both parties hold corresponding shares according to their respective parents' proportion of capital contributions.
    2. If the parents of both parties make capital contributions after marriage and the property right is registered in the name of both parties, it shall be deemed as the joint property of the husband and wife.
    3. If one parent contributes in full after marriage and the property right is registered in the name of the contributor's children, it shall be deemed as a gift to their children, and the property shall be deemed as the personal property of the contributor's children.
    4. If one party's parents make capital contributions during marriage and the property right is registered in the other party's name, it is generally considered as a gift to both parties. Unless the parents' written agreement or statement at the time of contribution proves that the contribution is only for their children.
    5. If one parent makes a down payment for the mortgage purchase after marriage, and the property right is registered in the name of his or her children, and the husband and wife jointly repay the loan, in this case, the down payment can be deemed to be only given to the children of the investor. At the time of divorce, the property is the joint property of the husband and wife, and the down payment should be deemed to be the personal property of the children who contributed.

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