However, the name of the man s parents is written on the real estate certificate, and how to divide

It stipulates that housing rights and interests belong to the registrant of the real estate certificate.

When a husband and wife divorce, they can only agree to divide the property that belongs to the two parties in common, and cannot divide the property that belongs to the legal ownership of others.

The registrant of the house is the parents, and the property rights of the house are legally owned by the parents. When a young couple divorces, they cannot divide the property rights of the house. If the young couple actually buys the house with their contributions, they can claim the debt against their parents with the proof of capital contribution, and after they want to return the capital contribution, the two parties can agree to divide and distribute it.

Marriage Law: Article 39 In the event of divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman.

The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

Judicial Interpretation III of the Marriage Law:

Article 12: During the existence of a marital relationship, where both parties use the joint property of the husband and wife to purchase a house in the name of one of the parents, and the property rights are registered in the name of one of the parents, and at the time of divorce the other party claims that the house be divided according to the joint property of the husband and wife, the people's court will not support it. The capital contribution made at the time of purchase of the house can be treated as a creditor's right.

Property Law: Article 17 The certificate of ownership of immovable property is the proof that the right holder enjoys the right to the immovable property. The matters recorded in the certificate of ownership of immovable property shall be consistent with the immovable property register; In the event of inconsistencies in the records, the immovable property register shall prevail unless there is evidence to prove that there is an error in the immovable property register.

The property belongs to the man's parents, and the divorce has nothing to do with you.

After the divorce of the spouses, the property of the spouses needs to be divided, and if the house where the spouses live together is the joint property of the husband and wife, then the court will divide the property in accordance with the relevant laws. Regarding the divorce of the husband and wife, the real estate certificate is the name of the man's parents, how to divide the property? I think there are the following main aspects.

First of all, if the property is registered in the name of the husband's parents, then it is not part of the joint property of the husband and wife. In the event of divorce, the spouses do not have the right to divide it. Secondly, the joint property of the husband and wife before the divorce shall be negotiated by both parties, and if the negotiation fails, a public prosecution may be filed with the court, and the people's court will make a judgment according to the specific circumstances of the case.

Finally, the definition of marital community property is the property that arises during the existence of the marital relationship, which belongs to the joint property of the husband and wife, and the property is not named on the title certificate by either the man or the woman, so the property has no legal relationship with the husband and wife.

If the property is registered in the name of the husband's parents, it is not part of the joint property of the husband and wife. In the event of divorce, the spouses do not have the right to divide it.

2. The people's court will make a reasonable judgment on the claims of the parties.

Before the divorce, the joint property of the husband and wife shall be negotiated by both parties, and if the negotiation fails, a public prosecution may be filed with the court, and the people's court will make a judgment according to the specific circumstances of the case.

3. Legally, the property does not belong to either of the spouses.

The definition of joint property is the property that arises during the existence of the marital relationship, which belongs to the joint property of the husband and wife, and the property is not named on the real estate certificate by either the man or the woman, so the property has nothing to do with the husband and wife in legal terms.

The name of the man's parents is written on the real estate certificate, so this property belongs to his parents and has nothing to do with your husband and wife, and now you have no right to divide the house if you divorce.

You said that the house is in the name of your parents, that is, the property of the old couple, and you two will definitely not be able to divide this if you divorce. But if you are a young couple who pay for the house when you buy a house, then you can advocate that the old couple repay the money first when you divorce, which is okay.

If the husband and wife want to divide the property after the divorce, then the real estate certificate must be in the name of one of the husband and wife to have the right to divide, if the real estate certificate is in the name of the man's parents, then the woman has no right to get it.

It should be owned by the man's parents, because the ownership of the real estate certificate depends on the owner of the real estate certificate, so it should be the man's parents.

No one can divide the property, because the name of the man's parents is on the real estate deed, so the house can only belong to the man's parents.

Hello. Please ask whether the husband's parents have signed a loan agreement with both spouses or one of the spouses, stating that the contribution of the husband's parents is a loan to the husband and wife. If not, then the house is registered in the names of both parties, and the parents' contribution is regarded as a gift to both husband and wife, and it is also the joint property of the husband and wife.

However, it should be reminded that when splitting, it is also possible that the party with the most contributions will be tilted according to the contributions of both parties. For the determination and division of specific contributions, it is recommended that you consult a professional lawyer about your own situation, and you can also contact me directly if necessary.

Relevant Laws] 1 Article 29 of the Interpretation of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on the Marriage and Family Part of the Civil Code of the People's Republic of China (1) If the parents contribute to the purchase of a house by both parties before they get married, the capital contribution shall be deemed to be a gift to their children, unless the parents expressly express the gift 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.

2 Article 1062 of the Civil Code The following property acquired by 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 labor remuneration are not good;

2) Income from production, operation and investment;

3) income from intellectual property rights;

4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law;

5) Other property that shall be jointly owned.

Husband and wife have equal rights to dispose of joint property.

Legal analysis: If the divorce real estate certificate has the names of the parents, it generally does not belong to the joint property of the husband and wife and cannot be divided. Because of the freedom of property registration, the names of the parents are registered on the real estate certificate, or the names of the children are directly registered by the husband and wife, etc., if the divorce cannot be resolved by agreement, it may go to the court.

However, how to divide the property rights must first determine the part that belongs to the husband and wife.

Legal basis: Civil Code of the People's Republic of China

Article 1062 The following property acquired by husband and wife during the existence of their 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) Imitation of income from production, operation, and investment;

3) income from intellectual property rights;

4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law;

5) Other property that shall be jointly owned.

Husband and wife have equal rights to dispose of joint property.

Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

In any of the following circumstances, if the mediation fails, the divorce shall be granted

1) bigamy or cohabitation with another person;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party files a lawsuit for divorce again, the divorce shall be granted.

According to the law, when a husband and wife divorce, the title deed is in the name of the parents, and the property distribution stipulates that the property belongs to the parents, and if there is no other arrangement, neither spouse has the right to divide it. If you want to divide it, you need the owner of the house to issue relevant supporting materials.

Article 1062 of the Civil Code stipulates that the following property acquired by a husband and wife during the existence of a 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) income from intellectual property rights; 4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law; 5) Other property that shall be jointly owned.

Legal analysis: The house is written in the name of the man's parents, and the divorce cannot be divided. Only the joint property of the husband and wife is divided.

Legal basis: 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 agreement between the two parties; If an agreement is not reached, the people's court shall 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 husbands or wives in the contracting and management of family land shall be protected in accordance with law.