Case 1: Buying a house after marriage is funded by one parent and the house is in the name of the children.
Miss Yang sued for divorce from Mr. Feng, and divided up a house shared by husband and wife. Mr. Feng agreed to divorce, but said that the two sides had no common property and the house was their own.
It was found through trial that although the house involved was purchased by both parties after marriage, it was jointly funded by Mr. Feng, his father and his sister. Combined with the bank payment voucher, the statements of his father and sister and the registration in Mr. Feng's unilateral name, the court found that the house involved was owned by Mr. Feng alone.
If one parent buys a house after marriage, the house is in the name of the child. If it is all the house payment or all the down payment, according to the provisions of the Judicial Interpretation of Marriage Law (III), if one parent buys a house after marriage and registers it in the name of the child, it is regarded as a personal gift to the child and belongs to the child's personal property. * * * For the repayment part, half compensation will be given to the other party after accounting. If it is a partial down payment, then according to the provisions of Judicial Interpretation of Marriage Law (II), if the parents contribute to the purchase of houses for both parties after marriage, the contribution shall be considered as a gift to both husband and wife, unless the parents clearly indicate that it is a gift to one party.
Case 2: Buying a house after marriage is funded by one parent, and the house is registered in the name of the other or both parties.
Mr Wu and Ms Li got married in 2009. On 20 12, Ms. Li's parents bought a house for the young couple to live in and registered the property in the name of her son-in-law Mr. Wu. 2065438+September 2004, Ms. Li sued the court for divorce and confirmed that the house involved belonged to her.
According to Article 22 of Judicial Interpretation of Marriage Law (II), if both parents contribute to the purchase of a house, the contribution shall be recognized as a gift to both husband and wife. In this case, Ms. Li's parents bought the house involved after her daughter and son-in-law registered marriage, in order to ensure the family stability of her daughter and son-in-law. It is a gift to both Mr. Wu and Ms. Li and should be regarded as joint property of husband and wife.
Buying a house after marriage, which is funded by one parent and registered in the name of the other or both parties, is regarded as a gift from parents, and the property belongs to both husband and wife.
Case 3: Both parents contribute, and the house is under the name of the investor's child.
Mr. Wang and Miss Chen got married in 2007. After the marriage, both parents invested to buy a house worth 400 thousand. Due to emotional disharmony, Mr. Wang asked for a divorce and division of property. Miss Chen agrees to divorce, but does not agree to divide the property, thinking that the property belongs to her, because she is the only one on the property certificate.
It was found through trial that the house involved was purchased by both parents after the marriage of Mr. Wang and Miss Chen, and only the name of Miss Chen was registered on the real estate license. However, according to Article 7 of Judicial Interpretation of Marriage Law (III): "The property purchased by one of the parents for their children after marriage shall be recognized as the personal property of the husband and wife. If the property rights purchased by both parents are registered in the name of a child, the property can be recognized as owned by both parents according to their respective share of capital contribution, and the property can be divided according to the proportion of capital contribution of both parents at that time. "
When buying a house after marriage, both parents contribute, and the house is in the name of one of the contributors' children, and both parents * * * pay the down payment, the children will repay it. According to the provisions of Judicial Interpretation of Marriage Law (II), it is generally recognized as * * * and * *. If the parents are sole proprietorships, the judicial interpretation of the Marriage Law (III) is generally applicable and is recognized as * * *. If both parents and their children's married property jointly contribute to form the down payment, the parents' contribution is regarded as a gift to the other party, and the judicial interpretation of the Marriage Law is generally applicable (2) The house is recognized as owned by the husband and wife.
Case 4: Buying a house after marriage is funded by both parents, and the house is under the names of both children.
Ms. Zhang said that after she married Mr. Wang, both parents invested in buying a house, and now she is asking the court to decide on divorce and award the house to herself. Mr. Wang refused to accept the prosecution and asked the court to award the house to himself.
The court found through trial that the disputed house was purchased after marriage and should be recognized as the joint property of husband and wife. According to the statements, evidence and cross-examination of both parties, as well as the nature of work and income of both parties, it can be confirmed that Ms. Zhang's parents contributed 960,000 yuan and Mr. Wang's parents contributed 8 1 10,000 yuan, but neither of them clearly indicated to which side. According to the second paragraph of Article 22 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (II), if the parents contribute to the purchase of houses for both parties after marriage, the contribution shall be regarded as a gift to both husband and wife, except that the parents expressly give it to one party. So the property belongs to all and should be divided equally.
Buying a house after marriage is funded by both parents, and the house is in the name of both children. Even if the amount of investment is not equal, it is equally divided.
Case 5: After marriage, one party buys a house with personal property.
Ms. Wang and Mr. Zhang bought a set of affordable housing in Beijing after they got married. Due to Mr. Zhang's financial difficulties, the down payment of 300,000 yuan was paid by Ms. Wang. Because Ms. Wang does not have the qualification to buy affordable housing in Beijing, the real estate license is under Mr. Zhang's name. Now Ms. Wang is suing for divorce and asking the court to award the property to herself. Mr. Zhang agreed to divorce, but said that the house was his own, because his name was registered on the real estate license.
The court held that although Ms. Wang paid all the down payment of the house, registering the house in Mr. Zhang's name was her contribution to giving personal property to the other party by her own behavior, so the house involved was treated as the property of both parties. If one party purchases the house after marriage with personal property before marriage, and the house is in its own name and the down payment has been paid in full, it shall be treated as * * * first, and then as * * *; If paid in full, it will be regarded as personal property. If the house is under the name of both parties or the other party, the personal property contribution shall be regarded as a gift to the other party, and the whole house shall be treated as the same property.
Case 6: When buying a house after marriage, both parties borrow all or part of the purchase price.
After the marriage, Ms. Wang and Mr. Hu borrowed 860,000 yuan to pay all the purchase price, of which Ms. Wang borrowed 600,000 yuan and Mr. Hu borrowed 200,000 yuan. Now Ms. Wang is suing for divorce and asking the court to order the property to be her own, because she invested a lot in that year. Mr. Hu said that the house is shared by both parties, because the names of both parties are registered on the real estate license, and he also contributed when he bought it.
Both parties submitted the loan receipt and real estate license at that time to prove the current condition of the property. The court held that after the marriage, both parties * * * borrowed part of the purchase price, which belongs to * * * contingent liabilities, and the house purchased by * * * belongs to * * owned real estate. If you buy a house after marriage and both parties borrow all or part of the purchase price, the house belongs to the same property and the debt belongs to the same debt.
Case 7: After marriage, one party borrows all the house purchase money or all the down payment.
Ms. Yang and Mr. Wu bought a house after marriage. Mr. Wu borrowed a down payment of 390,000 yuan, and Ms. Yang helped Mr. Wu pay his debts together. This year, Mr. Wu sued the court for divorce and confirmed that the house belonged to him. Ms. Yang believes that the house was bought after marriage. Although Mr. Wu borrowed the down payment, she also helped pay it back.
It was found through trial that the down payment of the house involved was all borrowed by Mr. Wu, but there was a witness to prove that Ms. Yang helped repay the loan. When buying a house after marriage, if one party borrows all the purchase price or all the down payment, if one party borrows it privately and the other party agrees to repay it, then the house is the same property, and of course the debt is also the same debt. If one party borrows money privately, the house is in the borrower's name, and the borrower's parents repay the loan, if there are no other factors, it is personal property.
(The above answers were published on 20 17-0 1-06. Please refer to the actual situation for the current purchase policy. )
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