Related case
Netizen "Zantan" (a pseudonym) said that she and her husband are free to fall in love. She is a foreigner, her husband is from Jinhua, and there are several houses at home. In preparation for the wedding, my parents-in-law renovated one of the houses, and the name on the property certificate was changed to her husband's. However, the loan for the house was paid by her husband.
Now, the family conflicts of the "three-year-old" couple have not been properly handled, and both families are involved. The contradiction became more and more serious, which led to the crisis of their marriage. "Tan Tan" asked if she could divide the house in this situation.
Coincidentally. A few days ago, my mother-in-law came to consult the legal matters of the house. She said that before her son Xiaohua (pseudonym) got married, she and her husband invested in buying a house for her son, and the real estate license was in his name. Shortly after the son got married, the son and daughter-in-law made a * * * ownership certificate for the property. Now my son and daughter-in-law have emotional problems and are clamoring for a divorce. She is worried that if her son and daughter-in-law really divorce, the house will be divided into half.
Lawyer's suggestion: there is a "law" for housing division.
Lawyer Zhang Lirong said that before Tan Zan married her husband, her parents-in-law gave the house to her son, so the house belonged to her husband's personal property before marriage. Although the house is repaid by the husband personally, the money repaid after marriage belongs to the joint property of the husband and wife and can be divided into half when divorced.
For Xiaohua's mother's worry, Mr. Zhang thinks it is actually necessary. According to paragraph 1 of Article 7 of Judicial Interpretation III of Marriage Law, "if the property right of the property purchased by one spouse 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 own children according to paragraph 3 of Article 18 of Marriage Law, and the property should be considered as the personal property of the husband and wife". In other words, if the property purchased by Xiaohua's parents is registered in Xiaohua's personal name, according to the regulations, "the property should be recognized as the personal property of husband and wife", which is Xiaohua's personal property.
But later, Obana's wife made a * * * certificate, which means that Xiaohua gave his wife a share of the house, so that the property right of the house would be shared by both of them. Therefore, the property that parents gave Xiaohua became the common property of Obana's wife. Once they get divorced, the daughter-in-law can share the property. As for the number of points, it depends on whether there is a specific proportion when housing property rights are registered. If there is, it can be divided in proportion. If there is no proportion, the daughter-in-law can generally get half.
In addition, lawyer Zhang said that notarization of real estate donation is a legal act of citizens giving their real estate to the donee. This gift behavior is often based on mutual blood, friendship or moral reasons, rather than commodity exchange in the market. The real estate donor must have a true expression of will and must have ownership of the real estate he donated. In reality, although obtaining a gift certificate can quickly handle the formalities of property right transfer, you may need to pay attention to the following matters when deciding on the gift:
1. Gift is a free legal act, and its legal consequences are different from paid transfer.
Two, after the gift of property rights change registration tax and inheritance change standards are different, should be fully negotiated with the Housing Authority, local taxation bureau and other relevant departments before handling.
Third, the general gift behavior, the donor can revoke the gift before the transfer of the right to donate the property, except for the notarized gift contract, that is to say, the notarized gift behavior can not be revoked generally. Unless the following situations occur:
(a) serious infringement of the donor or the donor's close relatives;
(two) the donor has the obligation to support and fails to perform;
(3) Failing to perform the obligations stipulated in the gift contract.
(The above answers were posted on 2015-11-29. Please refer to the actual purchase policy. )
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