My parents house was transferred to me, is it my personal property?

Updated on society 2024-04-11
9 answers
  1. Anonymous users2024-02-07

    After the formal transfer, it is your personal property.

  2. Anonymous users2024-02-06

    If it has not been notarized, it should be regarded as the joint property of the husband and wife, and I don't know much about it.

    Joint property refers to the acquisition by one or both spouses of the joint property that is jointly owned by the husband and wife in accordance with the law during the marriage. According to Articles 17 and 18 of the Marriage Law, the following property shall be jointly owned by the husband and wife: (1) wages and bonuses; (2) income from production and operation; (3) income from intellectual property rights; (4) property acquired by inheritance or gift, except as provided for in Paragraph 3 of Article 18 of the Marriage Law; (5) Other property that shall be jointly owned.

    In any of the following circumstances, it shall be the property of one of the spouses: (1) the pre-marital property of one party; (2) Medical expenses, living allowances for the disabled, and other expenses received by one party due to bodily injury; (3) property in a will or gift to which it is determined to belong only to one of the husband or wife; (4) Daily necessities for one party; (5) Other property that shall belong to one party.

  3. Anonymous users2024-02-05

    Belong to your property as long as the house is in your name.

  4. Anonymous users2024-02-04

    The house given by the parents does not have to be personal property. If it is given to one party by the parents before marriage and the property rights have been registered and transferred, or it is a gift after marriage, but it is clearly stated that it is given to one party, it is personal property; If it is not explicitly expressed as a gift after marriage, it is generally the joint property of the husband and wife.

    [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 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 1063 of this Law; (5) Other property that shall be jointly owned. Husband and wife have equal rights to dispose of joint property.

  5. Anonymous users2024-02-03

    Recovery of property transferred by one party to the marriage in the name of the parents to buy a house: You can claim to divide the joint property during the marriage to recover. The joint property of husband and wife refers to the property acquired during the existence of the marital relationship and is provided for in the Civil Code of the People's Republic of China.

    The joint property of the husband and wife shall be jointly owned by the husband and wife, and the husband and wife shall have equal rights to dispose of the joint property.

    [The law is based on the department].

    Article 1066 of the Civil Code of the People's Republic of China.

    During the existence of the marital relationship, in any of the following circumstances, one of the husband and wife may request the people's court to divide the joint property:

    1) One party has conduct that seriously harms the interests of the joint property of the husband and wife, such as concealing, transferring, selling, destroying, or squandering the joint property of the husband and wife, or falsifying the joint debts of the husband and wife;

    2) A person with a legal obligation to support one party suffers from a serious illness and needs medical treatment, and the other party does not agree to pay the relevant medical expenses.

  6. Anonymous users2024-02-02

    Legal analysis: Depending on the situation of Lao Chai Liang, it depends on whether the parents clearly state whether the gift is given to both husband and wife or one of the husband and wife, and the gift to one party belongs to personal property, and the gift to Zhaochen and both husband and wife belongs to the joint property of the husband and wife.

    Legal basis: Article 1063 of the Civil Code of the People's Republic of China The following property shall be the personal property of one of the husband and wife: (1) the premarital property of one party; (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 party.

  7. Anonymous users2024-02-01

    Transferring money to your parents before a divorce is considered a transfer of property. According to the provisions, if one of the husband and wife conceals, transfers, sells, destroys, or squanders the joint property of the husband and wife, or falsifies the joint debts of the husband and wife in an attempt to encroach on the property of the other party, when the joint property of the husband and wife is divided in divorce, the other party may divide the property less or not at all. After the divorce, if the other party discovers that he or she has committed any of the above-mentioned acts, he or she may file a lawsuit with the people's court to request that the joint property of the husband and wife be divided again.

    Article 1067 of the Civil Code of the People's Republic of China: Where parents fail to perform their obligation to support them, minor children or adult children who are unable to live independently have the right to demand that their parents pay child support. Parents who fail to fulfill their obligation to support their adult children, or who lack the ability to work or who have difficulties in living, have the right to demand maintenance from their adult children. 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 jointly owned by the husband and wife:

    1) Wages, bonuses, and remuneration for labor services; (2) Income from production, operation, and investment in production, travel, 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.

  8. Anonymous users2024-01-31

    The house given by the parents is not necessarily personal property, if it is given within marriage, it is generally regarded as the joint property of the husband and wife, but if the woman's parents have clearly stated that it is only owned by one party, it shall be deemed to be a gift to their children, and it is not the joint property of the husband and wife, and the personal property is buried for the possession of one party.

    [Legal basis].Article 29 of the Supreme People's Court's Interpretation (1) on the Application of the Marriage and Family Section.

    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 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.

  9. Anonymous users2024-01-30

    Legal analysis: Depending on the situation, it depends on whether the parents clearly state whether the gift is given to the husband and wife or one of the husband and wife, and the gift to one party belongs to personal property, and if it is donated to both husband and wife, it belongs to the joint property of the husband and wife.

    Basis for legal moratorium: Article 1063 of the Civil Code of the People's Republic of China The following property is the personal property of one of the husband and wife: (1) the premarital property of one party; (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 the party fighting for envy.

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