Case review:
There was such a divorce real estate dispute in 20 18. Uncle Cheng and Sister Rong of Shunde bought their son Xiao Zhi a property of 800,000 yuan. Xiao Zhi's name is written on the property certificate. After obtaining the mortgage approval in Xiao Zhi, Xiao Zhi's parents paid the housing loan to Xiao Zhi in the form of transfer and cash respectively, and Xiao Zhi repaid the loan to the bank and paid the renovation fee. On February 20 16, 16, Xiao Zhi paid off all the mortgage and got a little red book.
On March 20 17, Xiao Zhi married his girlfriend Xiaoyao. On the day of marriage registration, Xiao Zhi added Xiaoyao's name to the real estate license, but didn't tell his parents. The young couple have only been married for eight months and have no children yet. Daughter-in-law proposed to distribute value-added property because of her personality disharmony and divorce. Shunde court found that this suite belongs to the joint property of husband and wife, and the woman gets half of the property. Cheng Shu and Rong Jie refused to accept it. Apparently, they bought it all before their son got married. In order to recover the property, they took their son and daughter-in-law to court together. At the end of the case, Shunde court rejected all the claims of Cheng Shu and Rong Jie.
Why don't the parents who pay back the property?
First of all, we are not targeting at women, but talking about the case objectively. When the roles of men and women change, parents may encounter such a situation when buying a house for their daughter. It is the same. Then this case has such a result, not to mention that the parents who paid the money felt sad. According to the words of netizens, "people are suspected of cheating on marriage." This case is in Shunde. Imagine that if a suite in Shenzhen is worth hundreds to tens of millions, the hard-earned money of the elders is really not easy. Heartache ... There have been different opinions and changes in regulations on the issue of pre-marital real estate in China's legal and judicial interpretations, but today this 20 18 case is basically the same judgment. Now let me explain the logic here.
1. Although the house was bought wholly by the old couple, only the name of the son Xiao Zhi was written on the property certificate at the beginning. As for the details, the evidence that the parents paid off the mortgage for Xiao Zhi was not sufficient (subject to oral cash), and there was no written document to prove that the house was bought in his own name, so it was recognized as a gift by the court, and the property rights belonged to Xiao Zhi.
2. Xiao Zhi's "pig teammate" added his name to the real estate license on the day he got the marriage license, which took a crucial step and made his parents even have no chance to consult a lawyer.
The increase of marital property is a gift from Xiao Zhi to Xiaoyao. The old couple also had no evidence to prove that they and their son had agreed on the actual property rights of the house involved.
How to protect children's interests when buying a house as a gift?
1. Both parents owe money to buy a house:
There is little controversy, because it is generally registered in the names of both children and repaid by * * *.
2. If one parent pays to support the purchase of a house, it will only be registered in the name of one parent:
In this case, children's divorce is prone to disputes, and they often advocate the property rights of real estate or the value of dividing houses. If the parents buy a house entirely for their children, they need to specify the recipient through a written agreement, or prove that there is a clear expression of intention and the spouse of the child knows it.
3. The elders buy houses in the name of their children:
You need a written agreement to buy a house under your name, and then you need to pay attention to these evidences: the reason for buying a house under your name, the payment and repayment of the house, the actual occupation and use of the house (rent collection), the ownership certificate of the house, and who will keep the purchase certificate.