Is the property donated by the parents part of the joint property of the husband and wife?

Is the property gifted by the parents part of the marital property?

According to the provisions of China's "Marriage Law", if the parents do not determine that only one party will belong to the parents when they don't make the gift, it will be regarded as the joint property of the husband and wife. The specific provisions are as follows:

Article 17 The following property acquired by husband and wife during the existence of their marital relationship shall be jointly owned by the husband and wife:

1) Wages and bonuses;

2) the income from production and operation;

3) income from intellectual property rights;

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

5) Other property that shall be jointly owned.

Husbands and wives have equal rights to dispose of jointly owned property.

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

1) the pre-marital property of one of the parties;

2) Medical expenses, living allowances for the disabled, and other expenses received by one party as a result of bodily injury;

3) Property that is determined in the will or gift contract to belong to only one of the husband or wife;

4) Daily necessities for the exclusive use of one side;

5) Other property that shall belong to one side.

Property inherited or donated by a husband and wife during the marriage relationship shall belong to the husband and wife, unless it is determined that only one party belongs to the husband and wife. Therefore, if the parents do not explicitly indicate that it is a gift to one of the parties, then it is the joint property of the husband and wife.

In general, gifts received by either party during the marriage are considered joint property.

Legal Analysis: Generally speaking, the property donated by the parents after marriage belongs to the joint property of the husband and wife unless otherwise specified. However, if it is clearly stated in the contract that the property is a gift to one of the spouses, the property donated by the parents belongs to the spouse and therefore can be considered as the personal property of one of the spouses, and the other spouse is not entitled to claim the division of this part of the property.

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

Article 308:Where the co-owners have not agreed on the joint ownership of immovable or movable property as joint ownership by shares, or the agreement is not clear, it shall be deemed to be jointly owned by shares, unless the co-owners have a family relationship, etc.

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) 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 1063 The following property shall be the personal property of one of the husband and wife:

1) the pre-marital property of one of the parties;

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 side.

Article 1065:A man and a woman may agree that property acquired during the existence of the marital relationship and property acquired before marriage shall be owned separately or jointly, or partly separately or partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is not clear, the provisions of articles 1062 and 1063 of this Law apply.

The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is legally binding on both parties.

If the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the counterpart, the personal property of the husband or wife shall be repaid.

Whether the house donated by the parents is considered joint property of the husband and wife needs to be determined according to the following circumstances, as follows:

1. The parents clearly indicate that it is the joint property of the husband and wife who are the gift to the husband and wife. The property of one of the spouses shall not be converted into the joint property of the husband and wife due to the continuation of the marital relationship;

2. Unless otherwise agreed by the parties.

The criteria for determining the joint property of the husband and wife are as follows:

1. Wages and bonuses refer to the salaries, bonus incomes and various welfare policy income and subsidies of one or both parties during the existence of the husband and wife relationship;

2. The income from production and operation refers to the income from production and operation of one or both husband and wife during the existence of the relationship between husband and wife;

3. The income of intellectual property rights refers to the income of intellectual property rights owned by one or both spouses during the existence of the husband and wife relationship;

4. Property obtained by inheritance or gift refers to the property obtained by one or both parties as a result of inheriting the inheritance and accepting the gift during the existence of the marital relationship. In the case of inheritance income, it refers to the acquisition of property rights, not the actual possession of property.

To sum up, if the parents contributed to the purchase of a house for both parties before they got married, the contribution should be deemed to be a gift to their children, unless the parents expressly expressed the gift to both parties. Husband and wife have equal rights to dispose of joint property. The man and the woman may agree that the property acquired during the marriage and the property before the marriage shall be owned separately or jointly or partly separately and partly jointly.

The agreement shall be in writing.

Legal basis]:

Article 1060 of the Civil Code of the People's Republic of China.

The following property is the personal property of one of the spouses:

1) the pre-marital property of one of the parties;

2) Compensation or compensation received by one party for personal injury;

3) Property that is determined to belong to only one party in a will, will, or gift contract;

4) Daily necessities for the exclusive use of one side;

5) Other property that shall belong to one side.

The property donated by the parents is registered in the name of the other party or both spouses. Where immovable property purchased by one of the parents for their children after marriage is registered in the name of the funder's children, it shall be deemed to be a gift to the parent who has only disturbed the defense of his or her own children, and the immovable property shall be deemed to be the personal property of one of the spouses. It is not clear whether the ownership of the immovable property is the personal property of one party or the joint property of the husband and wife, or if it is not clearly given to the children of one of the parties, it will be recognized as joint property.

Legal basis]:

Article 106 of the Civil Code of the People's Republic of China Article 12 The following property acquired by a 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) income from intellectual property rights; (4) Inherited or donated property, except as provided for in Article 106 of Article 13, Paragraph 3 of this Law; 5) Other property that shall be jointly owned.

Is the property gifted by the parents part of the marital property?

Property gifted by parents does not necessarily belong to the marital community.

Article 18 of the Marriage Law stipulates that the property belonging to personal property, the property determined in the will or gift contract to belong to only one of the husband or wife, and for the purchase of immovable property by the parents for their children after marriage, even if the subjective wish is for the one of the children, it is generally not clearly stated for the children, and if a divorce dispute arises, it is unclear whether the ownership of the immovable property is the personal property of one party or the joint property of the husband and wife. In the actual acceptance of a case, if there is no favorable evidence to show that it was only given to one's children, it is generally considered to be the joint property of the husband and wife.

Article 7 of the Interpretation (3) of the Marriage Law clearly stipulates that if the immovable property purchased by one of the parents for the children after marriage is registered in the name of the investor's children, it may be regarded as a gift to only one of the children in accordance with the provisions of Article 18 (3) of the Marriage Law, and the immovable property shall be recognized as the personal property of one of the spouses.

Paragraph 2 of Article 7 stipulates that if the property rights of the immovable property purchased by the parents of both parties are 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 the capital contribution of each parent, unless otherwise agreed by the parties.

According to article 13 of the Marriage Law, the property acquired by the husband and wife during the marriage relationship is the joint property of the husband and wife. The so-called period of marriage refers to the period between the marriage of the husband and wife and the death or divorce of one of the spouses, and the property acquired by the husband and wife during this period, unless agreed, belongs to the joint property of the husband and wife. Husbands and wives have equal rights to dispose of jointly owned property.

According to Article 17 of the Marriage Law of the People's Republic of China, the joint property of husband and wife is the property or income obtained by one or both parties during the existence of the marital relationship, and the specific scope is: 1. Wages and bonuses, as well as all kinds of movable and immovable property purchased with wages and bonuses. Regardless of the income of the spouses, whether they have income or not, it does not affect their joint ownership of property.

2. Income from business activities. Regardless of whether one or both husband and wife are engaged in business activities such as contracting, leasing, shares, or individuals, the income derived from their production and business activities shall be the joint property of the husband and wife. 3. Income from intellectual property rights.

During the existence of the marital relationship, one or both parties shall belong to the joint property of the husband and wife from the corresponding economic benefits obtained by copyright, patent right, trademark right, invention right, discovery right and other intellectual property rights, regardless of whether the right holder is one party or both husband and wife. 4. Property obtained by inheritance or gift. Regardless of whether the heir or donee is one party or both husband and wife, the inherited and donated property is the joint property of the husband and wife, but the property specified in the will or gift contract belongs to one of the parties and belongs to the heir or donee personally; 5. The income generated by the property investment of one party.

6. Housing subsidies and housing provident funds actually obtained or should be obtained by both parties. 7. The endowment insurance and bankruptcy settlement compensation actually obtained or should be obtained by both parties. 8. The part of the marital relationship that should be shared by the husband and wife during the existence of the marital relationship, such as the demobilization allowance and the self-employment fee, which are paid to the military personnel in the name of the soldier.

To sum up, if one of the parents gives the child real estate after marriage, and it is not clearly specified that it belongs to one party, it is considered to be the joint property of the husband and wife; Otherwise, it is the personal property of one party.

It's all about the same.

Inheritances and gifts received before marriage are personal property and do not have to be shared among the other party in the event of divorce.

Inheritances and gifts received after marriage are the joint property of the husband and wife unless otherwise specified, and the property shall be divided in the event of divorce. For example, it will be easier to understand: if the old man dies without leaving a will, the way of inheritance is legal inheritance, then the inherited inheritance is the joint property of the husband and wife; If the old man leaves a will stating how much property will be left to the husband or wife, then the property belongs to the husband or wife alone, and there is no need to divide it among the other party in the event of divorce.

The same is true for gifts, if the gift is not explained or the gift contract says that it is given to the husband and wife, then it is the joint property of the husband and wife, if it is written on the gift contract that it is given to whom, then it is personal property, and it will not be given to the other party in the divorce.

The difference between a gift and an inheritance is not whether the property is obtained in full or in part, but if there is only one heir, the inheritance is of course the full amount. In fact, the difference between gift and inheritance is that the way of obtaining property is different, the gift takes effect when the contract is formed or the time of delivery, while the inheritance takes effect after the death of the decedent, and the scope of the donee and the heir is different.

The statement is completely incorrect, the gift of parents is not necessarily joint property, and the property gifted before marriage and explicitly written after marriage to the individual is not joint property, but personal property. In addition, inheritance is different from notarization, which can only indicate high effectiveness and cannot expand the scope of inheritance. To put it bluntly, inheritance can only be inherited by those who have the right to inherit, and if it is said in the will that property is given to people who do not have the right to inherit, it is called a bequest, not an inheritance or gift!!

It's completely confusing!

This depends on how your real estate deed is written, if it is written in the names of two people, it is joint property.

The key point to the registration of property rights for one spouse is to return to the source of both parties, and the applicable legal provisions are as follows:

According to the Interpretation (III) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China

Article 7: Where immovable property purchased by one of the parents for their children after marriage is registered in the name of the investor's child, it may be regarded as a gift to only one of their children in accordance with the provisions of Article 18 (3) of the Marriage Law, and the immovable property shall be recognized as the personal property of one of the husband and wife. Where 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 respective parents' share of the capital contribution, unless otherwise agreed by the parties.