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How to divide the house bought by parents

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How to divide the house bought by parents


        

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  • 2024-06-17 01:00:48

    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, it 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 husband and wife for division. After marriage, the parents of one party invested to buy a house, and the property right was registered in the other party's name. In this case, considering the reality, this 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.

    Legal basis

    Article 1062 of the Civil Code of the People's Republic of China [Common property of husband and wife] The following property acquired by husband and wife during the period of marriage shall be the common property of husband and wife, and shall be jointly owned by husband and wife:
    (1) Wages, bonuses and labor remuneration;
    (2) Income from production, operation and investment;
    (3) Income from intellectual property;
    (4) Inherited or donated property, with the exception of the third item of Article 1063 of this Law;
    (5) Other properties that should be jointly owned.
    Husband and wife have equal rights to dispose of their common property.

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