Is the house given to the daughter by the parents after marriage the joint property of the husband a

We know that after two people get married, all the property after marriage is jointly owned by two people, because husband and wife should be transparent with each other, should trust each other, regardless of yours or mine, this is husband and wife. Is the house given to the daughter by the parents after marriage the joint property of the husband and wife?

1. After marriage, the house that the parents give to the daughter belongs to the daughter's private property.

We know that property belongs to movable property and immovable property, such as furniture, household appliances and cars in the house, etc., all belong to movable property, while houses and land belong to immovable property. Many parents want their children to live happily, and will do their best to supplement their children, if the young couple does not buy a house, the parents see it in their eyes, hurt in their hearts, and will use all their savings to buy a house for their children, after all, this is the house that parents bought for their daughter, therefore, parents want to give the house to their daughter, so that the daughter is also confident in her in-law's house, and will not be angry with the man, and even if the two people can't come together, the daughter will not have nothing if she has a house, It can be said that the parents are particularly thoughtful and long-term for their daughters. Generally, parents will make clear their wishes, the house is given to their daughter, although the son-in-law also has the right to live, but he cannot have the right to buy and sell the property, as well as the right to own.

2. If two people are married, the parents buy a house for their daughter, but there is no gift contract, and it is the joint property of the husband and wife.

If the parents bought a house for their daughter after they got married, but did not state that it was given to their daughter, then even if it is a lot of real estate, it also belongs to the joint property of the husband and wife, because all the property of the husband and wife after marriage is jointly owned, whether it is valuable or cheap.

In fact, in many cases, real estate can affect the relationship between two people, sometimes it can make the husband and wife intimate, and sometimes it will make the husband and wife feel guilty, and the husband and wife must treat each other sincerely in order to gain true love.

Hello! Personal property belonging to the woman. However, in order to avoid disputes, it is recommended that parents can write a gift agreement before the gift, making it clear that the property is donated to the children individually and not as joint property of the husband and wife.

According to Article 1063 of the Civil Code, the following property is the personal property of one of the spouses: (3) property that is determined in the will or gift contract to belong to only one party; Therefore, the property donated to one party will not be converted into joint property by virtue of the marriage. However, when parents donate, they must issue a gift agreement, otherwise there will be potential legal risks.

In addition, if the property is donated to one party and the other party adds a name, it will be considered as joint property of the husband and wife.

[Relevant Laws].Article 29 of the Interpretation (I) of the Marriage and Family Section of the Civil Code: If the parents of the parties contribute to the purchase of a house for both parties before they get married, the 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.

Article 1062 of the Civil Code: The following property acquired by the husband and wife during the marriage 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 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 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.

Yes, it belongs. Because after marriage, the property of both the daughter and the husband and wife belongs to the joint property, and the property donated to the daughter also belongs to the two parties.

If it does not belong, if it is given to the daughter alone, it is the private property of his daughter, and the husband has no right to divide it.

No, this is clearly stipulated, if the other party clearly stipulates who the beneficiary is, then it will not be joint property.

Legal Analysis: No, if the immovable property purchased by one of the parents for the children in full after marriage, and the property rights are registered in the name of the investor's children, it can be regarded as a gift to only one of the children, and the immovable property should be recognized as the personal property of one of 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) 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.

Legal analysis: The property donated by the father to the daughter belongs to the husband and wife. 1. The real estate donated by the father before the marriage of the daughter generally belongs to the daughter, except where the father expressly agrees in the gift contract to give it to both husband and wife.

2. If the father gives the property to the daughter during the existence of the daughter's marital relationship, the parties may agree on the owner of the property, and if the agreement is not clear, unless the father clearly indicates that it is the property donated to the daughter, the property shall be the joint property of 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 the marital relationship is the joint property of the husband and wife and is jointly owned by the husband and wife: 1. Wages, bonuses, remuneration for labor services2, income from production, operation and investment3, income from intellectual property rights4, inherited or donated property, except as provided for in paragraph 3 of Article 1063 of this Law5, other property that shall be jointly owned.

According to the law, whether the property given to the child by the parents is jointly owned by the husband and wife depends on the fact that if one of the parents contributes to the purchase of the property for both parties, it is a personal gift to their children, and the property belongs to the personal property of the child, but if one of the parents clearly indicates that it is a gift to the new couple, it belongs to the joint property of the husband and wife.

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 27.

Where a house rented by one party before marriage and purchased with joint property after marriage is registered in the name of one party, it shall be found to be the joint property of the husband and wife.

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 for both parties, 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.

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.

According to the law, whether the property given by the parents to the children is jointly owned by the husband and wife depends on the fact that if one of the parents contributes to the purchase of the property for both parties, it is a personal gift to their children, and the real estate belongs to the personal property of the child, but if one of the parents clearly indicates that it is a gift to the couple, it belongs to the joint property of the husband and wife.

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, 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.