If the husband and wife buy a house with joint property after marriage, the name of the man s parent

Where the real estate purchased by the husband and wife during the existence of the marital relationship is registered in the name of the husband's parents, it shall be deemed to be a gift from the husband and wife to the man's parents, and is not part of the joint property of the husband and wife.

According to the Marriage Law of the People's Republic of China:

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.

Article 19: Husband and wife may agree that property acquired during the existence of the marital relationship and property 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 unclear, the provisions of articles 17 and 18 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 binding on both parties.

Article 39: At the time 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.

If the title deed is written in the names of the husband's parents, even if it is purchased with the joint property of the husband and wife, it is not the joint property of the husband and wife, but it is deemed to have given the house to the parents.

Legal analysis: If you buy a house after marriage and write your parents' names, it does not belong to the joint property of the husband and wife. If the husband and wife buy a house after marriage and register the house in the name of their parents, the parents shall obtain the ownership of the house and no longer belong to the joint property of the husband and wife, because if it belongs to the joint property of the husband and wife, the property right of the house must be registered in the name of both parties or one of the parties, and if the house is registered in the name of the parents, it cannot be disposed of according to the joint property of the husband and wife, but can only be disposed of according to the property of the parents.

Legal basis: Article 209 of the Civil Code of the People's Republic of China The creation, alteration, transfer and extinction of immovable property rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law. The ownership of natural resources that belong to the State in accordance with the law may not be registered.

Article 1062:The following property acquired by husband and wife during the existence of their marital relationship is the joint property of the husband and wife and is 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 163 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 name of the parents is written on the house bought after marriage, it means that it is donated to the parents, then the house does not belong to the property, and it is not the joint property of your husband and wife. The following cases are the case of joint property of the husband and wife:

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 spouses during the existence of the relationship between husband and wife; (3) The income from intellectual property rights refers to the income from intellectual property rights owned by one or both spouses during the existence of the marital relationship; (4) Property obtained by inheritance or gift refers to the property acquired by one or both parties as a result of inheritance and acceptance of gifts 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. Even if the marriage is not actually in possession before the termination of the marital relationship, as long as the inheritance occurs during the existence of the marital relationship, the inherited property is also the joint property of the husband and wife, except as provided for in paragraph 3 of Article 18 of this Law; (5) Other property that shall be jointly owned.

6) Housing subsidies and housing provident funds actually obtained or should be obtained by both parties. (7) The endowment insurance money 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 demobilization allowance and self-employment allowance paid to the name of the soldier.

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 is the joint property of the husband and wife and is 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 163 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 house is purchased with the joint property of the husband and wife after marriage, even if it is only registered in the name of the man, in principle, it belongs to the joint property of the husband and wife and is jointly owned by both parties. If it is purchased with personal pre-marital property after marriage and is only registered in one's own name, it is personal property and does not belong to the joint property of the husband and wife, and the other party is not allowed to participate in the distribution.

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 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 1063, Paragraph 3 of this Law;

5) Other property that shall be jointly owned. Husband and wife have equal rights to dispose of joint property.