After marriage, one parent buys a house in full.

After marriage, one parent buys a house in full. Nowadays, many young people will accept financial support from their parents. They got their own house at a young age before they got married. But if they divorce after marriage, there will be the problem of property division. The following shares the full purchase of the house by one parent after marriage.

After marriage, one parent buys a house in full. 1 After marriage, one parent buys a house in full. How to distribute housing ownership after divorce?

Interpretation III of the New Marriage Law Article 7 If the property right of the property purchased by one parent for their children after marriage is registered in the name of the investor's children, it can be considered as a gift to only one of their children according to Article 18 (3) of the Marriage Law, and the property should be considered as the personal property of the husband and wife.

If the property right of the house purchased by both parents is registered in the name of a child, the house can be regarded as shared by both parties according to their respective parents' share of capital contribution, unless otherwise agreed by the parties.

Article 8 If the spouse of a person without civil capacity maltreats or abandons, which seriously damages the personal rights or property rights of the person without civil capacity, other persons with guardianship qualifications may change the guardianship relationship according to special procedures; If the changed guardian brings a divorce lawsuit on behalf of the party without civil capacity, the people's court shall accept it.

Divorced real estate division

Houses purchased and built by husband and wife during the marriage relationship, or houses purchased and built by both parties before marriage, are owned by husband and wife, and should be divided into joint property of husband and wife when divorced.

According to the provisions of the Interpretation of Marriage Law (II), when the husband and wife fail to reach an agreement on the value and ownership of the house in the joint property of the husband and wife, the people's court shall handle it according to the following circumstances:

1. If both parties claim the ownership of the house and agree to bid, it shall be allowed;

2. If one party claims the ownership of the house, the evaluation institution shall evaluate the house according to the market price, and the party that obtains the ownership of the house shall compensate the other party;

3. If neither party claims the ownership of the house, the house shall be auctioned according to the application of the parties and the proceeds shall be divided. The usual practice in judicial practice is: * * * There are houses that can actually be used separately, and they can be used separately.

If it cannot be used alone, the price can be fixed to one party, and the other party can get compensation. When deciding which party to allocate the house to, we should consider the housing situation of both parties and take care of the parents who are raising the children. On the condition that both parties are equal, the woman should be taken care of.

The house that one parent buys in full after marriage depends on whose name it is registered in, whether parents can go back and so on. The ownership of a specific house should actually be distinguished according to the actual situation.

After marriage, one parent buys a house in full. 2 After marriage, does one parent contribute to buying a house and belong to the same property?

Interpretation of Marriage Law III

Article 7 If the property right of the house property purchased by one parent for their children after marriage is registered in the name of the investor's children, it can be regarded as a gift to only one of their children according to the provisions of the third paragraph of Article 18 of the Marriage Law, and the house property shall be recognized as the personal property of one spouse.

What should one parent pay attention to when buying a house after marriage?

First of all, if parents buy their children's wedding room in their own name and agree to their children's residence, then the ownership of this house belongs to the parents who buy the house.

Secondly, if parents buy a house in the name of their children, then it is necessary to determine whether the property has been given to both husband and wife. If it is for both husband and wife, declare that the property is for their children and spouses. If you just give the property to the children, you don't need to make a statement.

Finally, when buying a wedding room for children, we need to consider the impact of this property on both husband and wife. If there is no understanding between husband and wife or between husband and wife and parents because of the house, that is not good. Therefore, when parents buy a house for their children, they should discuss it with their children to avoid family discord.

How to divide the property purchased by one parent after divorce?

Parents invest in buying a wedding room for their children, and the treatment after divorce is different. The following are five ways to divide the house bought by parents after divorce.

(a) after the marriage, one of the parents invested the full amount to buy a house, and the property right was registered in the name of the child.

If the house is purchased in full by one parent and the property right is registered in the name of their children, the house shall be deemed as the personal property of the investor's children at the time of divorce. In fact, everyone should understand this judgment. Parents buy houses for their children in order to let them live a better life. Even the property after marriage is the personal property of the investor.

(two) after marriage, one parent invested in buying a house, and the property right was registered in the name of the other parent.

In this case, it can generally be considered that the investor's parents gave the property to the husband and wife. At this time, the property belongs to both husband and wife, so the property should be divided by both husband and wife when divorced. Unless there is evidence that the house was bought by the investor's parents after marriage, and the house bought by the investor's parents was only given to their children alone, it will be regarded as the joint property of husband and wife.

(three) after the marriage, both parents invested in buying a house, and the property rights were registered in the name of one of the children.

After marriage, it is very common for both parents to contribute money to buy a house for their children, and there are also many disputes over property judgment during divorce. According to the relevant provisions of China's marriage law, the property purchased by both parents should enjoy the ownership of the house according to their respective parents' share of capital contribution, so the property division at the time of divorce should be carried out according to the share of capital contribution of both parents.

(4) After marriage, the parents of both parties contribute to buying a house, and the property rights are registered in the names of their children.

If both parents buy a house for their children and the property rights are registered in the names of both children, then the house is regarded as the joint property of husband and wife, and will be divided according to the provisions of the joint property of husband and wife when divorced. Of course, if both parties have other agreements on real estate, the real estate shall be handled as agreed by both parties.

(5) For the house purchased by mortgage after marriage, one parent pays the down payment, the property right is registered in the name of their children, and the husband and wife jointly repay the loan.

If so, the down payment paid by one parent can be regarded as property only for children. When the house is divided by divorce, the house will be regarded as the joint property of husband and wife.

The Legal Basis in the Civil Code

Article 1062 The following property acquired by husband and wife during the marriage relationship is the property of husband and wife and belongs to husband and wife:

(1) Wages, bonuses and remuneration for labor services;

(2) Income from production, operation and investment;

(3) Income from intellectual property rights;

(4) Inherited or donated property, except as provided for in Item 3 of Article 1063 of this Law;

(five) other property that should be owned by * * *.

Husband and wife have equal rights to dispose of the same property.

Article 1063 Personal property of husband and wife The following property is the personal property of one of the spouses:

(1) one party's premarital property;

(2) Compensation or compensation obtained by one party for personal injury;

(3) Property that is determined to belong to only one party in the will or gift contract;

(4) Daily necessities used exclusively by one party;

(five) other property that should be owned by one party.

After marriage, one parent buys a house in full. 1. Does the house that one parent bought in full after marriage belong to the same property?

First, the property purchased by one parent for their children after marriage, if the property right is registered in the name of the investor's children, can be regarded as a gift to only one of their children, and the property should be recognized as the personal property of the husband and wife;

Second, before the parties get married, if the parents contribute to the purchase of houses for both parties, the contribution shall be recognized as a personal gift to their children, unless the parents explicitly express that the gift is given to both parties; After the parties get married, if the parents contribute to the purchase of houses for both parties, the contribution shall be regarded as a gift to both husband and wife, unless the parents explicitly express that it is a gift to one party.

Second, the specific situation analysis

The above judicial interpretation stipulates two different situations, that is, parents buy a house for their children in full and partly contribute. Next, analyze the situation of several common parents investing in buying a house, and apply the above judicial interpretation.

(1) Buying a house before marriage

1. One parent made a full contribution before marriage, and the property right was registered in the name of the investor's children.

Example: Xiao Ming and Xiao Li are getting married, and Xiao Ming's parents bought them a wedding room in full and registered it under Xiao Ming's name.

Before the parties get married, if the parents contribute money to buy a house for both parties, the contribution shall be regarded as a personal gift to their children, except that the parents clearly indicate that it is a gift to both parties. Because the parents paid the full amount before marriage, and the house was registered in Xiaoming's name, Xiaoming owned the absolute property right of the house, and this premarital property did not run away.

2. If one parent makes a down payment before marriage, the property right shall be registered in the name of the investor's children.

Xiao Ming and Xiao Li are getting married. Xiaoming's parents paid a down payment to buy them a wedding room and registered it in Xiaoming's name. After the marriage, Xiaoming repaid the loan by himself.

This situation is similar to the above. Before marriage, parents invested in buying a house, and the house was registered in the name of the investor, and the property rights of the house belonged to Xiaoming. The repayment after marriage belongs to the joint property of husband and wife. In case of divorce, Xiaoli can claim to return the same property used for repayment.

3. Before marriage, both parents pay the full amount, and the property rights are registered in the names of their children.

Example: Xiaoming and Xiaoli are getting married, and their parents each paid 500,000 yuan to buy them a wedding room, which was registered under the names of Xiaoming and Xiaoli.

The property right of the real estate purchased by both parents is registered in the name of one child. According to their respective parents' share of capital contribution, the real estate can be recognized as shared by both parties, unless otherwise agreed by the parties.

Both parents invested in buying a house for them, and their names were registered on the real estate license. The property right of the house belongs to both husband and wife, and each party contributes 500,000 yuan as a gift to Xiaoming and Xiaoli. If you are worried about future accidents, you can stipulate certain conditions in the gift contract, such as breaking up. Once the conditions are met, both parents can claim to return the donated funds.

4. Before marriage, both parents make a down payment, and the property rights are registered in the names of both children.

Example: Xiaoming and Xiaoli are getting married, and their parents each paid a down payment of 65,438+10,000 yuan to buy them a wedding room, which was registered under the names of Xiaoming and Xiaoli.

(2) Buying a house after marriage

1. After marriage, one parent pays the full amount, and the property right is registered in the name of the investor's children.

Example: After Xiao Ming and Xiao Li got married, Xiao Ming's parents bought them a wedding room in full and registered it in Xiao Ming's name.

"If a property purchased by one parent for their children after marriage is registered in the name of the investor's children, it shall be deemed as a gift to only one of their children, and the property shall be deemed as the personal property of one spouse."

Capital contribution here refers to full capital contribution, which is mainly explained by considering the actual national conditions in China: housing prices are soaring, and parents often spend their life savings to buy a house for their children and invest in their children on the premise of a long and happy marriage. Therefore, Xiaoming's parents contributed all the capital, and the house is Xiaoming's personal property, not the property of husband and wife.

2. After marriage, one parent pays a down payment, and the property right is registered in the name of the investor's children.

For example, after Xiao Ming and Xiao Li got married, Xiao Ming's parents paid a down payment to buy them a wedding room and registered it under Xiao Ming's name. After the marriage, Xiao Ming and Xiao Li repaid the loan.

After the parties get married, if the parents contribute to the purchase of houses for both parties, the contribution shall be regarded as a gift to both husband and wife, unless the parents explicitly express that it is a gift to one party. Capital contribution here refers to partial capital contribution.

Although only Xiaoming's name was registered in the house, the two people repaid the loan after marriage, and the parents did not have a clear written certificate. The capital contribution was only given to Xiaoming, which is generally considered as a gift to the husband and wife.

3. After marriage, both parents pay the full amount, and the property rights are registered in the names of their children.

For example, after Xiao Ming and Xiao Li got married, Xiao Ming's parents bought them a wedding room in full and registered it under the names of Xiao Ming and Xiao Li.

This is easy to understand. If there is no other agreement to the contrary, it shall be deemed as a gift to both parties, and the house shall be owned by the husband and wife.

4. After marriage, both parents make a down payment, and the property rights are registered in the names of both children.

For example, after Xiao Ming and Xiao Li got married, Xiao Ming's parents each paid a down payment of 65,438+10,000 yuan to buy them a wedding room, which was registered in the names of two people. After marriage, two people repaid the loan.

The house belongs to Xiao Ming and Xiao Li. Unless otherwise agreed, the deposit of capital contribution shall be regarded as a gift to both parties.

After the couple get married, they may want to buy a house because of financial difficulties, but they can't afford that much money. At this time, they often rely on their parents to buy their own houses.

Parental contribution may be made by both parents or by one parent. Whether the real estate at this time belongs to the husband and wife * * * jointly, but also to distinguish between different situations to analyze and discuss.