If a child contributes to his parents to buy a house and writes the name of the elderly, does the fu

It is necessary to divide the situation:

1) For children to contribute to their parents to buy a house, real estate certificate.

The name is written in the name of the parents, then the ownership of the house belongs to the parents.

2) Parents can sign an agreement with their children, indicating that the children pay for the purchase of the house, the real estate certificate writes the names of the parents, and when the parents die, the property belongs to the children. Inherit the property according to the amount of capital contribution.

Tranche. 3) You can also sign an agreement, the real estate certificate writes the name of the child, and the property belongs to the child. Returned to their parents for the duration of their parents' lifetime. After the death of a parent, the property goes to the child.

Parents and children are, legally, completely independent civil subjects; The property is registered in the name of the parents, and the property is legally the property of the parents; The children's contributions, if there is evidence to prove them, can be legally recognized as loans; If there is no evidence to prove it, it is regarded as a gift in law. For example, if you lend or donate a sum of money to another person, and the other person uses it to buy a house, you cannot say that the other person's property has your own share.

This is clearly different from the situation of whether one of the spouses accepts the gift during the marriage and whether it is the joint property of the husband and wife.

1. Article 17The following property acquired by the husband and wife during the marriage shall be jointly owned by the husband and wife:

4) Property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law;

2. Article 18In any of the following circumstances, it is the property of one of the husband and wife:

(iii) Property identified in a will or gift contract as vesting only to one of the husband or wife;

After buying a house, you can ask your parents to do a notarization for you, and then you have the right to deal with the property, if there are brothers and sisters, it is best to do a good job of other brothers and sisters to give up the inheritance of the house before buying a house, so as not to cause unnecessary disputes later.

If the parents invest in the purchase of a house, and then the real estate certificate is written in the name of the child, the parents can keep a copy of the invoice, or a bank card of their own, which is a proof of capital contribution, if there is a dispute in the future, it is still beneficial to themselves.

In order to ensure the rights and interests of the parents, the parents can write their own names or give them away, so that the children cannot be dealt with privately without the consent of the parents.

In addition to writing the names of the children, the names of the parents can also be added to the houses funded by the parents.

If the house is bought by the parents before the child's marriage, then it is itself a pre-marital property and is protected by the law.

You pay to buy a house, in fact, you have a receipt for this contribution, because you should have this evidence to leave this transfer or this fund sorted out for him, so you can prove that you bought this house. If your child wants to sell a house, he must also ask for your consent.

Parents pay to buy a house, and the real estate certificate writes the names of their children, then, as children, you must care about your parents and support your parents, and your parents do not want any so-called house rights.

If the parents are paying for the house, then the name of the child should not be written on the property. If the child's name is written, then the parents should collect all the bills and proof of payment when buying the house.

As long as the parents keep the proof of contribution, it is fine. Be able to prove that you paid for the house. Your rights will be secured.

If the parents are paying to buy a house, if the name of the child is written on the real estate certificate to ensure the rights and interests of the parents, I think it is best to even write the name of the parents, so that as long as the parents do not agree to sell the house, the house cannot be sold.

If the parents pay to buy a house, and only the name of the child is written on the real estate certificate, then it is difficult for the parents to guarantee this right, unless the parents keep some of the proof of paying for the house at that time, in fact, the best way is to write the parents' names on the real estate certificate.

How to ensure the rights and interests of parents when parents pay to buy a house with the names of their children written on the certificate. If you want to protect the rights and interests of your parents, you should add your parents' names at the end of the real estate book.

Parents pay to buy a house, write their names on the real estate deed, how to ensure that your parents are strong about this you can refuse When buying a house, ask him to show a detailed list of your payment for the purchase of a house, and the invoice is **Your bank transfer.

Now, if the name of the child is written on the real estate deed, then if the child is very young, due to various things that cause some unforeseen things, then as a parent is already very sad. Therefore, in view of this situation, it is better to write the names of the parents on the real estate deed.

Write an agreement for parents to borrow money from their children and notarize it.

Write a gift agreement between the parents. That is to say, the house was given to the children by the parents.

Lu Meng said: "Qing should be in charge of things today, you must not learn!" "I resigned to do many things in the army.

Quan said: "How can you be lonely and want to govern the scriptures as a doctor!" But when dabbling, see the past.

There are many things to do, which one is lonely? Lonely reading, thinking that it is very beneficial. "Monnai began to learn.

and Lu Su went to Xunyang, discussed with Meng, and exclaimed: "Qing is only a little bit now, not Wu Xia Ameng!" Meng said:

Shibei three days, that is, more impressive, the eldest brother is too late to see things! "Worship your mother and make friends.

It's very simple, that is, how much money your parents pay, you write as many IOUs to them.

Parents contribute to the purchase of a property for their children, who is the owner of the house needs to be judged according to the actual situation:,1If the full contribution of the parents is not registered, (1) if one of the parents contributes to the purchase of the house before the marriage of the child, the contribution is deemed to be a gift to the child.

The child of the donee acquires ownership of the immovable property. (2) If one of the parents pays for the purchase of a house after the marriage of their children, it is deemed that the contribution is a gift to both husband and wife, unless there is no evidence that the parents expressly gave the gift to one of the children. ,2.

(1) After marriage, one of the parents shall purchase real estate for their married child, and the property right shall be registered in the name of the child, and shall be regarded as a gift to only one of their children. (2) If the immovable property purchased by both parents is registered in the name of one of the children, the immovable property may be deemed to be jointly owned by both parties in accordance with the share of their respective parents' contributions, unless otherwise agreed by the parties. OK.

You can negotiate and sign an agreement with your significant other to notarize the property as the joint property of the husband and wife at a notary office, 1One of the parties has obtained the title certificate before the marriage. ,2.

If the house you live in after marriage is your parents' house or a rented public house, the standard of judgment is based on the house ownership certificate. ,3.If you have paid all the money before the marriage, you can only get the real estate certificate after the marriage.

4.Before the marriage, the mortgage purchase has been completed, and the purchase contract and the bank loan contract are signed in their own name. Both parties must jointly submit a notarization application in person to a notary office and fill in the notarized application**.

Generally, it is not allowed to entrust another person** or a person to do the notarization of premarital property. ,1.Prepare the required documents for notarization.

2.Both parties must jointly submit a notarization application in person to a notary office and fill in the notarized application**. Generally, it is not allowed to entrust another person** or a person to do the notarization of premarital property.

3.After the notary application is accepted by the notary public, the notary examines the proof of property rights on the content of the property agreement; Inquire whether the parties have been deceived or misled in their contract. ,4.

Both parties sign the prenuptial property agreement in the presence of a notary public.

It is not possible to unilaterally write the child's name on the real estate certificate when buying a house with joint property, because the property is jointly owned by the husband and wife, and the husband and wife have equal rights to dispose of the joint property. Article 1062 of the Civil Code of the People's Republic of China (effective January 1, 2021) [Joint Property of Husband and Wife] The following property acquired by husband and wife during the existence of their marital relationship is the joint property of the husband and wife and is jointly owned by the husband and wife: (1) wages, bonuses, and remuneration for labor services; (2) Income from production, operation and investment; (3) the income from the travel of intellectual property rights; (4) Inherited or donated property, except as provided for in item 3 of Article 163 of this Law; (5) Other property that shall be jointly owned.

Husband and wife have equal rights to dispose of joint property. Article 1063: [Personal Property of Husband and Wife]The following property is the personal property of one of the spouses: (1) the premarital property of one party; (2) Compensation or compensation received by one party for personal injury; (3) Property that is determined in a will or gift contract to belong to only one party; (4) Daily necessities for the exclusive use of one side; (5) Other property that shall belong to one party.

Article 1066:[Division of Joint Property of Husband and Wife During the Existence of Marital Relationship]In any of the following circumstances during the existence of a marital relationship, one of the husband and wife may request the people's court to divide the joint property: (1) One party has acts that seriously harm the interests of the joint property of the husband and wife, such as concealing, transferring, selling, destroying, or squandering the joint property of the husband and wife, or forging the joint debts of the husband and wife; (2) A person with a legal obligation to support one party suffers from a serious illness and needs medical treatment, and the other party does not agree to pay the relevant medical expenses.

Article 1062 of the Civil Code stipulates that the following property acquired by the husband and wife during the existence of the marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife: (1) wages, bonuses, and remuneration for labor services; (2) Income from production, operation and investment; (3) the proceeds of intellectual property rights; (4) Inherited or donated property, except as provided for in item 3 of Article 163 of this Law; (5) Other property that shall be jointly owned. Husband and wife have equal rights to dispose of joint property.

Legal analysis: the property rights belong to the children, and the establishment of real estate rights becomes legally effective after registration, and if it is registered in the name of the children, they enjoy the ownership.

Legal basis: Article 209 of the Civil Code of the People's Republic of China The creation, alteration, transfer and extinction of real estate rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law.

Legal Analysis: Confirmation of the ownership of the parents' contribution to the purchase of the house for their children: If the capital contribution is made before marriage, it shall be recognized as the personal property of the child, unless otherwise agreed by the parties.

If the capital contribution is made after the marriage registration, the ownership shall be confirmed in accordance with the agreement of the parties, and if the agreement fails, it shall be deemed to be the joint property of the husband and wife.

Legal basis: Interpretation of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family (1) Article 29: Where before the parties get married, the parents contribute to the purchase of a house by both parties, the contribution shall be deemed to be a gift to their children, except where the parents expressly express that the gift is made to both parties.

After the parties get married, if the parents contribute to the purchase of a house for both parties, it shall be handled in accordance with the agreement; Where there is no agreement or the agreement is not clear, it is to be handled in accordance with the principles provided for in item 4 of paragraph 1 of article 1062 of the Civil Code.

Article 1087 of the Civil Code of the People's Republic of China In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.

The rights and interests enjoyed by the husband or wife in the contracted operation of the family's land transportation socks shall be protected in accordance with law.

Legal analysis: "If the parents participate in the purchase of a house, it does not necessarily belong to the personal property of the children, if the parents contribute to the purchase before marriage, it clearly indicates that the house is only owned by one of the husband and wife, and it belongs to the personal property of one party; Otherwise, it is the joint property of the husband and wife. ”

Legal basis: Article 22 of the Interpretation (II) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China Where the parents contribute to the purchase of a house for both parties before they get married, the contribution shall be deemed to be a personal gift to their children, unless the parents expressly express that the gift is made to both parties; Where, after the parties get married, the parents contribute to the purchase of a house for both parties, the contribution shall be deemed to be a gift to both husband and wife, except where the parents clearly indicate that the gift was made to one party.

After the promulgation of the Civil Code, there are two points about the parents' contribution to the purchase of the house: first, the house was bought before marriage, and as long as the name of the other party is not added, the house is the personal property of his children; Second, the house was bought after marriage, and if there is no agreement, regardless of whether only the names of their children are written, the house has half of the other party's.

Legal basis. Article 29 of the Supreme People's Court's Interpretation (1) on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China: Where before the parties get married, their parents contribute to the purchase of a house for both parties, the contribution shall be deemed to be a gift to their children, except where the parents expressly express that the gift is made to both parties. After the parties get married, if the parents contribute to the purchase of a house for both parties, it shall be handled in accordance with the agreement; Where there is no agreement or the agreement is not clear, it is to be handled in accordance with the principle of destroying the wheel collision as provided for in item 4 of the first paragraph of Article 1062 of the Civil Code.