How do parents make a down payment and divide the property in the event of a divorce? What does the

If the parents help to make the down payment before the marriage, the property is generally owned by the registered party in the case of divorce, and if the parents help to make the down payment after marriage, the property is generally jointly owned by the husband and wife at the time of divorce.

If the parents pay a down payment and divorce, in the case of real estate distribution, they should dig out the part of the parents' down payment, and then continue to have joint property with their husband and wife, so that it is okay.

If the mortgage is repaid by both parties after the marriage, the property needs to be divided equally so that it is fair to both parties. The new marriage law makes clear provisions, and at the same time, it also indicates the reasons for the distribution of real estate.

Generally, at the time of divorce, it will be divided equally, and it will be distributed according to the name on the real estate certificate, if it is a joint property of the husband and wife, two people should each occupy 1 2.

This is very simple, the house belongs to the down payment party, and compensates the other party with half of the total amount of repayment from the date of marriage registration, which is the fairest way to distribute.

If the immovable property purchased by one of the parents for the children after marriage is registered in the name of the child, it shall be regarded as a gift to only one of the children, and the immovable property shall be recognized as the personal property of one of the spouses and shall not be distributed in the event of divorce.

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.

The parents' down payment of the property, whether there are additional conditions is the key, the parents' down payment, designated as the marriage house, is a gift, for the joint property of the husband and wife, and half can be obtained at the time of divorce, of course, the parents see that the young couple is divorced, and the parents can also go against the original intention and revoke the gift, then only half of the premium income part of the mortgage can be obtained. If the property is owned by one of the children in the name of the parent with a down payment due to the property ownership deed, then the house belongs to their private property, but because of the mortgage balance, the remaining part is paid by the joint property, this part belongs to the joint property, and half of the property in addition to the down payment and premium can be obtained in the divorce. Premium money.

How to divide the house bought by parents with a down payment needs to be discussed in different situations: 1. If the house bought by the parents for their children before marriage, it belongs to personal premarital property and will not be divided at the time of divorce; 2. If the transfer of the immovable property occurs after the marriage of the child and the immovable property is registered in the name of the child of one of the contributing parents, it shall be regarded as a gift to one party and shall be personal property and shall not be divided in the event of divorce. 3. If the transfer of ownership of the immovable property occurs after the marriage of the children and the immovable property is registered in the name of one of the non-children of the husband and wife or in the name of both husband and wife, and the loan of the immovable property is repaid with the joint property of the husband and wife, the immovable property shall be recognized as the joint property of the husband and wife.

If the parents pay a down payment to buy a house registered in the names of both parties, it is the joint property of the husband and wife, and it is divided equally in the divorce, and if it is registered in the name of their own children, it is personal property, and if it is divorced, the part of the loan repayment and the appreciation of the house of the husband and wife are divided equally.

1.Strictly abide by the provisions of the law.

According to Article 1062, Paragraph 1 (4) and Article 1063 (3) of the Civil Code, the property inherited or donated by the husband and wife during the existence of the marital relationship shall in principle be jointly owned by the husband and wife, except for the property determined in the will or gift contract, which belongs to only one party. That is to say, under the premise that China's legal marital property system is a joint system of marital income, the property acquired by one of the husband and wife after marriage is in principle jointly owned by the husband and wife, unless the property of only one of the husband or wife is determined in the gift contract. Therefore, on the whole, paragraph 2 of Article 22 of Interpretation II of the Marriage Law is in line with the spirit of the legislation.

However, considering that the situation in practice is very complicated, there are cases of borrowing and there are cases of gifts; If the parties are willing to clarify the nature of the capital contribution and the ownership of the house through prior agreement, the occurrence of disputes can be minimized. To this end, we have reformulated paragraph 2 of Article 22 of Interpretation II of the Marriage Law. First of all, it is stipulated that 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; For those who have no agreement or are unclear, in strict accordance with the spirit of the law, it is directly transferred to the provisions of Article 1062, Paragraph 1 (4) of the Civil Code, that is, if there is no clear indication that it is a gift to one party, it shall be handled as the joint property of the husband and wife.

Legal analysis: 1. Before marriage, if the parents contribute to the purchase of a house for both parties, it shall be deemed to be a gift to their children and belong to the personal property of one of the husband and wife. 2. After marriage, 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 the joint property of the husband and wife.

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. Legal basis: Article 1076 of the Civil Code of the People's Republic of China Where a 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 mediation fails, a divorce shall be granted: (1) bigamy or cohabitation with another person; (2) Committing domestic violence or abusing or abandoning family members; (3) Having gambling, drug abuse, or other vices that have been repeatedly taught; (4) They have been 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 initiates divorce proceedings again, the divorce shall be granted. Article 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary. Article 1087: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 husbands or wives in the contracting and management of family land shall be protected in accordance with law.

Under the new marriage law, if one parent pays the down payment for the house and bears the subsequent loan, the house is owned by the funder or his or her children; If one of the parents pays the down payment for the house, and the house is registered in the name of the child of the funder, the husband and wife jointly repay the loan, or if the house is registered in the name of the other party's child and the house is registered in the name of the children of both parties, it shall be recognized as the joint property of the husband and wife.

Article 7 of the Interpretation (III) on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China Article 7 Where immovable property purchased for a child by one of the parents after marriage is registered in the name of the investor's child, it may be regarded as a gift to only one of his or her 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 both parents contribute capital to purchase the immovable property of Tangerine Concession, and the property rights 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 their respective parents' capital contributions, unless otherwise agreed by the parties.