Should the property of a house where the parents give a down payment after marriage be unilateral or

The purchase of a house after marriage is generally the joint property of the husband and wife.

However, if the name of the parents is written in the house book, it is generally not considered marital property.

But it also depends on the actual situation, and you also involve your parents and your husband and wife to repay the loan together, so if you really want to divide the property, your husband and wife are at least the actual users of the house, even if it is the property of your parents, if you don't have real estate in your name, you can't just kick it out, and the judge will generally mediate, more or less get some money, that is, how much.

I don't think you wrote anything like a gift agreement before you got married, or you wouldn't be asking that question now.

Pay attention to gathering evidence of repayment.

It should be your own.

As long as you can prove that the house was given to you by your parents.

However, you should refund the amount of your spouse's mortgage payment.

Who is the owner of the house? If you are a husband and wife, then according to the judicial interpretation of the Marriage Law of the Supreme People's Court, if the parents buy a house for their children after marriage, unless there is evidence to prove that the house is a gift to one of their children, it is a gift to both husband and wife, and it belongs to the joint property of the husband and wife. For "unless there is evidence that the house is a gift to one of the children", the evidence is mainly a gift agreement and the like.

Did the owner of the house write it from both of you? If so, then according to the relevant provisions of the Marriage Law, if your parents do not make it clear that this money is for you, it will be treated as a gift to both of you.

Article 18 of the Marriage Law In any of the following circumstances, it shall be 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.

If it can't be proved that only one person is gifted to you, or the real estate deed is in the name of both of you, it is joint property.

It is also a reason to help repay the loan in the future, and if it cannot be proved to one person, it is considered joint property.

Even if it can be proved that it is your personal and the woman is involved in repaying the loan, then she has to repay the part of the loan (market value) to the woman.

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.

There is currently no clear legal provision for this situation. In practice, it depends on the judge's tendency to adjudicate cases.

Whether the down payment of a house purchased by one of the parents after marriage is the joint property of the husband and wife needs to be judged according to the actual situation such as whether the parents and children have agreed, and whether the parents have clearly stated that they are the gift to both parties or to one party alone.

Paragraph 2 of Article 29 of the Interpretation of the Marriage and Family Section of the Civil Code of the People's Republic of China clearly stipulates that after the parties get married, if the parents contribute to the purchase of a house by both parties, it shall be handled in accordance with the agreement, and if there is no agreement or the agreement is not clear, it shall be handled in accordance with the principles provided for in Article 1062, Paragraph 1, Item 4 of the Civil Code. That is to say, if the parents contribute to the purchase of a house after marriage, if there is no clear agreement that it is a loan or a gift to one party, it will be regarded as a gift to both husband and wife, and it belongs to the joint property of the husband and wife.

Legal basis] Civil Code of the People's Republic of China

Article 1062: [Joint Property of Husband and Wife] 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 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: [Personal Property of Husband and Wife] The following property is 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.

Interpretation (1) of the Supreme People's Court on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China

Article 29: Where before the parties get married, the parents contribute to the purchase of houses by both parties, the contribution shall be found to be a gift to their children, except where 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.

After obtaining the certificate, one party pays a down payment for the purchase of the house, which is a joint property. According to Article 1062 of the Civil Code, 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, 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.

If the parents make a down payment to buy a house after marriage, it is not necessarily a joint property, if the parents make a down payment after marriage, the husband and wife repay the loan together, or the name of the husband and wife registered on the real estate certificate belongs to the joint property of the husband and wife; If the parents repay the loan after the marriage and it is clearly stated that the house belongs to only one of the spouses, it is the personal property of one of the spouses.

1. Is buying a house with a mortgage before marriage a joint property?

If the two parties take out a joint mortgage loan before marriage to purchase a house for living together after marriage, or if the husband and wife jointly contribute capital or repay the loan after marriage, it is jointly owned by the husband and wife; If one party has paid the full amount of the house before marriage and has applied for the real estate certificate, then it belongs to one party personally.

2. Whether the parents' contribution to the purchase of a house after marriage is considered as the joint property of the husband and wife.

If one of the parents fully contributes to the purchase of the house, if the real estate is registered in the names of both husband and wife, it shall be regarded as a gift from one parent to both husband and wife, and the real estate shall be recognized as the joint property of the husband and wife; If the real estate is registered in the name of one party, it will be regarded as a gift from the parents to one party and shall be deemed to be the personal property of one party.

If both parents contribute to the purchase of the house, the husband and wife shall share in the same share according to the share of their respective parents.

If one or both parents make a down payment and the husband and wife jointly repay the loan after marriage, the property is recognized as the joint property of the husband and wife. If one of the parents makes a down payment and one of the spouses uses his or her own property to repay the loan after marriage, the property right shall be deemed to be the personal property of one party when it is registered in the name of one party, and it shall be recognized as the joint property of the husband and wife when it is registered in the name of both husband and wife.

3. How to distribute the house bought by the parents before marriage and divorce.

If the parents pay for the purchase of a house before marriage, if it is registered in the names of both parties, it belongs to the joint property of the husband and wife, and the two parties need to negotiate the division in the event of divorce. If it is only registered in the name of one's own children, it belongs to the personal property of the registered party and does not need to be divided in the event of divorce. If the parents make a down payment, register it in the name of one of the parties, and then the children repay the loan themselves after marriage, the part of the loan repayment and the part of the loan appreciation need to be separated at the time of divorce.

Article 29 of the Interpretation (1) of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family: Where 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's personal companions, 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 1062 of the Civil Code.

After marriage, the parents make a down payment to buy a house, which is generally the joint property of the husband and wife, but if the parents make a down payment after marriage, the parents also repay the loan after marriage, and it is clearly stated that it is only owned by one party, it is owned by one party personally; If the husband and wife have a property agreement stipulating the ownership of the house, it shall be determined in accordance with the agreement.

[Legal basis].

Article 1062 of the Civil Code of the People's Republic of China.

The following property acquired by the 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) 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 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, the principle provided for in item 4 of the first paragraph of Article 1062 of the Civil Code is to be handled.

If the parents make a down payment to buy a house after marriage, it is not necessarily a joint property, if the parents make a down payment after marriage, the husband and wife repay the loan together, or the name of the husband and wife registered on the real estate certificate belongs to the joint property of the husband and wife; If the parents repay the loan after the marriage and it is clearly stated that the house belongs to only one of the spouses, it is the personal property of one of the spouses.

[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, except where 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 to suppress the disorder; 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 analysis: if the parents make a down payment to buy a house after marriage, it is not necessarily a joint property, if the parents make a down payment after marriage, the husband and wife repay the loan together, or the name of the husband and wife registered on the real estate certificate belongs to the joint property of the husband and wife; If the parents repay the loan after the marriage and it is clearly stated that the house belongs to only one of the spouses, it is the personal property of one of the spouses.

Legal basis: Interpretation of the Supreme People's Court on the Application of the Marriage and Family Section (1) Article 29: Where before the parties get married, their parents contribute to the purchase of a house for both parties, and the contribution shall be deemed to be a gift to their children, except where the parents expressly express that they are giving a double disadvantage. After the parties get married, if the parents contribute to the purchase of a house for both parties, it shall be handled according to the agreement of the accompanying Bu Lu; 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 analysis: if the parents make a down payment to buy a house after marriage, it is not necessarily a joint property, if the parents make a down payment after marriage, the husband and wife repay the loan together, or the name of the husband and wife registered on the real estate certificate belongs to the joint property of the husband and wife; If the parents repay the loan after the marriage and it is clearly stated that the house belongs to only one of the spouses, it is the personal property of one of the spouses.

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. If the parties are married, if their 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.

After marriage, the parents who buy a house make a down payment, and the real estate certificate is registered in the name of their son, Qingbian, and the daughter is regarded as a gift to their children and belongs to personal property. However, if one or both spouses repay the loan after marriage, the part of the loan shall be repaid by the joint property of the husband and wife, and the part of the loan shall be repaid by the joint property of the husband and wife.

Article 1062 of the Civil Code [Joint Property of Husband and Wife] 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, 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 Paragraph 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.