The house that the parents pay for their children after marriage is not the joint property of the hu

It mainly depends on whose name the house is registered, if it is registered in the name of two people, it is the joint property of the husband and wife, otherwise it is not. According to Article 7 of the Interpretation (3) of the Marriage Law of the People's Republic of China, the property rights of immovable property purchased for the children by one of the parents after marriage are registered in the name of the children of the investor.

Legal analysis: Parents contribute to the purchase of a house for their children after marriage, which should be recognized as a gift from the parents to both husband and wife, unless the parents explicitly donate one of their children, which needs to be proved by evidence at the time of the gift, and it is best to go through notarization. If the parents are willing to pay for the purchase of an unmarried house for their children, such as an investment home, and it belongs to one of the children, then this should be considered the property of the child.

For the ownership of the mortgage house purchased after marriage. According to the Civil Code of the People's Republic of China, there is no clear provision on the ownership of the property purchased by mortgage, but it can be regarded as a debt relationship to the bank, that is, the part of the down payment and loan repayment by one party before marriage is owned by one party, and the part of the loan repaid by both parties after marriage is jointly owned by the husband and wife.

Therefore, if one party buys a property with a mortgage as part of the down payment of personal property before the marriage, the title deed is in the name of the other party, and the loan is repaid jointly with the other party after the marriage. Even if there is a divorce later, when the property is divided and sold, the property right of the house is still the individual who pays the down payment, and the remaining bank debts are also borne by the individual who bears the down payment, but the part of the property that one party and the other party jointly repay the loan after the marriage should be treated as the joint property of the husband and wife. Even if one party makes a down payment on a portion of the house price with personal property before the marriage, and one party makes personal contributions to the bank after the marriage, due to the difficulty in obtaining evidence, it may be regarded as a joint repayment of the loan during the marriage period and treated as joint property of the husband and wife.

Therefore, the money paid by parents for the purchase of a house after marriage to their children is not necessarily the joint property of the husband and wife, and should be considered on a case-by-case basis.

Legal basis: Article 1062 of the Civil Code of the People's Republic of China 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 owned by the husband and wife: (1) wages, bonuses, and remuneration for labor services; Base (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.

Legal Analysis: Regarded as a gift to only one of his children, the immovable property should be recognized as the personal property of one of the spouses. Where the immovable property is purchased with the capital of both parents, and the property right 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.

Legal basis: Article 1087 of the Civil Code of the People's Republic of China Article 1087 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 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 contracting and management of family land shall be protected in accordance with the Wheel Law.

1) After marriage, if one of the parents of the base potato contributes to buy a house for the children, and the property rights are registered in the name of the children of the investor, it is the personal property of one of the husband and wife;

2) If the parents of the two elders buy a house after marriage, both parties shall share according to the share of their parents' capital contribution, and divide it according to the share in the divorce.

Legal basis] 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 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 and destroyed.

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

Legal Analysis: Depends on the circumstances. After the parties get married, the parents will pay for the purchase of a house for both parties, and the failure 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 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, unless 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 the first paragraph of Article 162 of the Civil Code.

Since parents contribute to the purchase of real estate for their children in different situations, when the parents divorce, the way to deal with the house is also different. If the house is funded by one of the spouses' parents, then the house is a gift to the children and the house will be recognized as the personal property of one of the spouses. However, if the husband and wife jointly contribute to the capital, and the property right is registered in the name of the stupid brother and the child, then the house belongs to the joint property between the husband and wife, and it is generally divided according to the proportion of capital contribution in the divorce.

If the purchase of the house is registered in the parents' own name and not in the name of the children, then the ownership of the house will be considered to be the parents' and not the joint property of the husband and wife. Many couples have many conflicts because of the division of the house, and some people even move towards suing for divorce, so when dealing with divorce issues, it is best to hire a professional divorce lawyer to deal with it, because it is more professional, and can better protect the rights and interests of the parties and reduce unnecessary conflicts.

When buying a house, the amount of capital contributed by both parents may be different, and the house is also regarded as the joint property of the husband and wife, and when it is actually divided, it is divided according to the proportion of the parents' dusty contributions, and this method is also more in line with the actual situation, and also in line with the principle of fairness and justice in the civil law, that is to say, the more money is paid at that time, then after the divorce, the more money will be shared by one of the husband and wife.

Now there are many cases of real estate division, and all kinds of situations have happened, so many people have more reference cases when they divorce, because of real estate entanglements, don't be Buddhist for a long time because of the interests of the house, how to divide it, if the two parties have been unable to communicate because of the division of the problem, then take the legal way, don't use violence to solve it in private, which will only affect the feelings of the husband and wife more, but I think once two people choose to be together, don't easily choose divorce, It's a very troublesome and painful thing.

The outcome of a house belonging to the joint property of the husband and wife will be different in different cases.

Under normal circumstances, most parents will prepare a wedding house and a wedding car for their children, at this time, a certain group of parents buy a house for their children, the parents provide a down payment for the children, and the house is purchased before the marriage. After the children get married, one party independently bears the mortgage for the house, and the other party's funds are used to maintain the family life. The down payment purchased by the parents for them is not part of the joint property, and the remaining part of the marriage is part of the joint property.

In another case, after the two get married, the parents buy a house for the child in full and register it in the child's name, at this time, the house belongs to the personal property of one party. In addition, the parents pay for the house in full, the name of the other party is registered, and the house is the joint property of the husband and wife. In order to avoid problems with pre-marital personal property and post-marital joint property, both parties can make a good agreement plan and retain the formalities of the large pure local amount.

Many young couples get married without a suitable house for them, and young couples do not lose their relationship because they do not have a house. After the joint efforts of both parties to jointly complete the payment of the mortgage and the payment of the down payment funds, at this time, the house belongs to the joint property of the husband and wife. Even when the spouses divorce, the division of property is on the agenda.

However, the parents bought the house wholly owned, and the names in the different real estate certificates presented different property ownership issues. If the relationship between the husband and wife is very good, even if the house is the joint property of the husband and wife, both parties will maintain their lives well. When there is a conflict between the husband and wife, the joint property of the husband and wife becomes the focus of contention between the two parties.

In general, the parties can adopt the AA system, which does not need to consider the impact of joint property on the marital relationship after marriage, and can reasonably arrange each amount of funds. However, most couples do not adopt the AA system, and when they divorce, they cannot smoothly distinguish between personal property and joint property. At this time, some couples will file divorce proceedings and divide the property.

If the parents do not specify who will donate the contributed property, then Sakura Ryo is considered the joint property of the husband and wife. After marriage, no matter what income is earned, it is joint property. If the parents designate the asset to be given to a separate party, then it is not the joint property of the husband and wife, but only the property of the recipient.

The property purchased by the parents for their children after marriage cannot be regarded as the joint property of the husband and wife, and if the other party wants to be counted as joint property, the other party must pay the corresponding obligation to act as a deed.

It is also considered the joint property of the husband and wife, because according to the law, everything purchased after the marriage belongs to the joint property of the husband and wife.

Summary. Hello dear, glad for your question oh <>

Regarding whether the parents' contribution to the purchase of a house for their children after marriage is joint property: if there is no clear agreement, it belongs to joint property, legal analysis: if there is no agreement or the agreement is not clear, the parents contribute to buy a house after marriage, and it is joint property.

According to the law, 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.

Is it joint property for parents to fund a house for their children after marriage?

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Regarding whether the parents' contribution to the purchase of a house for their children after marriage is joint property: if there is no clear agreement, it belongs to the joint property, legal analysis: if there is no agreement or the agreement is not clear and clear, it belongs to the joint property.

According to the law, after the parties get married, if the parents purchase a house for both parties to contribute to the tomb, 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.

Legal basis: Article 29 of the Civil Code of the People's Republic of China, if the parents contribute to the purchase of a house for both parties before they get married, the scattered chain of such capital contribution shall be recognized as a gift to their children, unless 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 shall be handled in accordance with the principles provided for in item 4 of the first paragraph of the first paragraph of the Civil Code.

Article 1062 of the Civil Code of the People's Republic of China The following property acquired by husband and wife during the existence of the marital relationship is 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.