1. In the first case, Lao Zhang and his wife voluntarily buy real estate for their son Xiao Zhang, so in principle, the property belongs to Xiao Zhang's personal property.
What do you mean? The most important principle of civil law is to respect the true wishes of the parties. Lao Zhang registered the house he bought in the name of his son Xiao Zhang. What he really means may be that there are two kinds. One is to buy a house for his son, which is equivalent to giving his own property to his son. The other is because of some consideration, although the property is registered in the name of the son, and the son is only the nominal owner, it is actually the property of husband and wife.
If Lao Zhang and his wife just want to buy a house for their son and have no other considerations, then this house belongs to Xiao Zhao.
2. In the second case, Lao Zhang and his wife take their son as the nominal owner for some reasons, but they are actually the property of husband and wife.
In this case, both husband and wife should sign a written agreement stipulating that the property is actually the property of both husband and wife. In this case, both husband and wife have the right to dispose of property, and they can divide the property when they divorce. However, when Xiao Zhang reaches the age of 18, Lao Zhang and his wife should ask their son's opinion to see if Xiao Zhang agrees to hold it. If the son agrees to hold it, he shall sign a written holding agreement. Otherwise, there may be disputes over housing property rights with your son in the future.
3. Here, we should also distinguish the internal effectiveness and external effectiveness of the registration of house ownership.
The registration of real right of immovable property has the effect of presumption that the registered obligee is the real obligee, which can be divided into external effect and internal effect. External effect refers to protecting the legitimate interests of bona fide third parties according to the principle of publicity and credibility of real rights; Internal effect means that between the obligee and the interested party, the real obligee should be determined according to the true meaning of the parties.
For example, Xiao Zhang, the son of Lao Zhang and his wife, holds the property on their behalf, but Xiao Zhang sells the property at a reasonable price without telling Lao Zhang and his wife when he is an adult. Lao Zhang and his wife can't terminate the contract as the owner or claim that the sales contract is invalid, but they can only ask Xiao Zhang to compensate for the losses, except that a third person knows that Xiao Zhang is the holder on his behalf.
In a word, regarding the owner, on the one hand, the law respects the true intention of the parties, on the other hand, it also maintains the public trust of real estate registration to safeguard the interests of bona fide third parties.