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 and the house is in the name of his children, if it is all the house payment or all the down payment, according to the provisions of Judicial Interpretation of Marriage Law (III), if one parent buys real estate after marriage and registers it in the name of his children, it is regarded as a personal gift to the other child and belongs to his 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 money to buy a house for both parties after marriage, the contribution shall be deemed as a gift to both husband and wife, except that the parents explicitly express that the gift is given 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.
(The above answers were published on 20 17-07- 10. Please refer to the current actual purchase policy. )
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