Parents pay the down payment, and the young couple pay the mortgage together.
A parent paid a down payment, bought a wedding room in advance, and only wrote the name of the child. After the marriage, the young couple paid the mortgage together. In reality, this situation is also very common. In this case, relatively speaking, it is unfavorable to the party who has not written the name.
According to Article 3 of the Judicial Interpretation of the Marriage Law, one spouse signs a real estate sales contract before marriage, pays the down payment with personal property and borrows from the bank, and repays the loan with the joint property of the husband and wife after marriage. If the real estate is registered in the name of the down payment, the real estate shall be handled by both parties through agreement at the time of divorce.
If no agreement can be reached, in reality, the court will usually rule that:
1. The house belongs to the parties listed in the house ownership certificate, and the outstanding loan is their personal debt.
2. The other party can claim that the loan principal and interest paid after marriage can be the joint property of husband and wife, and demand equal share.
3. The other party may request to divide the value-added part of the house during the marriage. Due to the uncertainty of the housing market and other factors, this part is difficult to be guaranteed in actual operation.
Suggestion: notarize the gift and give it only to your own children.
What if one parent pays a down payment and the property is registered in the names of two people?
With this scheme, the house will be recognized as the property of husband and wife, and the loan will also be recognized as the debt of husband and wife. If there is no other evidence such as "IOUs", the parents' contribution will also be considered as a gift to the couple and belong to both parties. In case of divorce, parents have no right to claim back their capital contribution.
Under special circumstances, if the "prospective husband and wife" break up after buying a house instead of getting married, then the house will still be considered as the property of both parties, and the loan is also the same debt of both parties. If there is corresponding evidence to prove that the parents' contribution is based on the purpose of "prospective husband and wife" getting married, the court will also consider this part of the contribution as a gift with additional conditions, provided that both parties get married. If both parties are not married, parents have the right to claim back the money they paid.
Parents buy a house in full, and the prospective daughter-in-law should add her name.
It is not uncommon for parents to buy a wedding room in advance for their children. The lawyer said that the most common situation in reality is that the man's parents bought a wedding room for their son in advance and only wrote his son's name. Before getting married, the prospective daughter-in-law urged to add her name.
"There are many customers who come to consult this question, and the man's parents are also very embarrassed. Adding a name is risky; Don't add it, I'm afraid it will affect the feelings of the young couple. " The lawyer said, unfortunately, many young couples broke up because they didn't agree to add names to their prospective daughters-in-law.
Suggestion: whoever pays to write his name, it is best to write his parents' names.
Follow a principle, whoever pays will write the name. Parents pay to buy a house, especially in the case of an only child, it is best to write their parents' names, which is the best way to protect the rights and interests of investors. Don't write parents' names, try to write only children's names.
The capital contribution of one party or one parent is only registered in the name of the child of that party. According to the provisions of the new marriage law, this belongs to the personal property of one of the children before marriage and will not automatically become the joint property of husband and wife after marriage. In case of divorce, the property still belongs to the original owner.