The man asks if the money borrowed by the parents is counted as the joint property of the husband an

1. If the house is purchased before marriage, if the husband and wife jointly mortgage the house, the joint mortgage part is regarded as joint property;

If it is purchased after marriage, the house is considered joint property, regardless of whether the husband and wife repay the mortgage together.

The above point of view is correct.

2. If you write an IOU to your father to get a down payment, come and buy a house. Or understand that the money is a debt of yours, and if you are married, it is still your personal debt, not a joint debt of the couple.

3. This house was bought after you got married and is joint property. Suppose there is a divorce after n years, the property is divided equally, and the debts are paid together.

Question addendum: Although it was bought after marriage, the situation where the parents made the down payment and the son paid the mortgage will not be divided equally, right?

The house was bought after marriage, and if the title deed is written in the name of the parents, then the ownership of the house is the parents'.

If the title deed is written in the name of the husband or wife, it is the joint property of the husband and wife. The parents make a down payment, and the husband and wife are in a creditor-debtor relationship. The son also paid the mortgage, which was joint property.

Article 19 A house rented by one party before marriage and purchased with joint property after marriage shall be recognized as the joint property of the husband and wife if the certificate of ownership of the house is registered in the name of one party.

Article 20: When the two parties are unable to reach an agreement on the value and ownership of the house in the joint property of the husband and wife, the people's court shall handle it separately according to the following circumstances:

1) If both parties claim the ownership of the house and agree to obtain it through bidding, it shall be permitted;

2) If one party claims the ownership of the house, the appraisal agency shall evaluate the house according to the market, and the party that obtains the ownership of the house shall give the other party corresponding compensation;

3) If neither party claims the ownership of the house, the house shall be auctioned according to the application of the parties, and the proceeds shall be divided.

Article 21: Where at the time of divorce, the parties have a dispute over a house that has not yet been taken ownership or has not yet obtained full ownership and the negotiation fails, the people's court should not make a judgment on the ownership of the house, and shall make a judgment to be used by the parties based on the actual circumstances.

Where there is a dispute between the parties after they have obtained full ownership of the houses provided for in the preceding paragraph, they may separately file a lawsuit with the people's court.

Article 22: Where before the parties get married, the parents contribute to the purchase of a house by both parties, the contribution shall be found to be a personal gift to their children, except where the parents expressly express that the gift is made to both parties.

After the parties get married, where the parents contribute to the purchase of a house for both parties, the contribution shall be deemed to be a gift to both husband and wife, except where the parents expressly express that the gift is made to one of the parties.

Why are you thinking about getting a divorce, don't think about that kind of problem, do your job well, divorce is good, really.

Legal Analysis: Count, unless otherwise agreed.

1. The deposit given by the parents to the children after marriage shall be regarded as the joint property of the husband and wife, unless the parents determine in the gift contract that the money shall be given to their children only.

2. After marriage, parents give money to their children as gifts.

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. Salary, bonus, 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; Carry the shout.

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.

The husband and wife agree that the property acquired during the existence of the marriage relationship shall belong to each other, and if the husband or wife is aware of the debts owed to the outside world, the personal property of the husband or wife shall be paid off with the personal property of the husband or wife.

Civil Code. Article 1062 stipulates the scope of property acquired by husband and wife during the existence of the marital relationship and which shall be jointly owned by the husband and wife, that is, the following property acquired by the husband and wife during the existence of the marital relationship shall be jointly owned by 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) Income from production and business operation refers to the income from production and business operation of one or both husband and wife during the existence of the husband and wife relationship;

3) The income of intellectual property rights refers to the income of 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 obtained by one or both parties as a result of inheriting the inheritance and accepting gifts during the period of the existence of the marital relationship. In the case of inheritance income, it is the acquisition of property rights, not the actual possession of property. Even if there is no actual possession before the termination of the marriage, as long as the inheritance takes place during the existence of the marital relationship, the inherited property is the joint property of the husband and wife.

Except as provided for in item 3 of Article 1063 of this Law;

5) Other property that should be jointly owned.

According to the provisions of the relevant law, in this case, it is also the joint property of the husband and wife. Therefore, everyone needs to understand that there are similar situations in life, and for borrowing money from parents, it is also a joint debt.

It is part of the joint property and belongs to the husband and wife.

If the money borrowed from the husband's parents is used for family life, it is a joint debt of the husband and wife, and the joint debt of the husband and wife must have a common expression of intent such as the joint signature of the husband and wife or the subsequent recognition of one party, or the debt borne by one party for family life during the marriage.

1. How to determine the creditor's rights in divorce cases.

Divorce cases shall be adjudicated in the manner prescribed by law, stipulating that the debts incurred by both husband and wife shall be jointly signed by the husband and wife or the debts shall be recognized by one of the husband and wife after the fact; debts incurred for the common life of the family; Debts incurred jointly from production and business activities, or debts incurred by one party engaged in production and business activities, and the business income is used for family life or spouse sharing, are joint debts of husband and wife.

2. Is gambling debt considered a joint debt of husband and wife?

Gambling debts are not considered debts of husband and wife, gambling debts are illegal debts, the debts are not protected by law, and gambling is a personal act, not a joint debt of husband and wife, and the joint debts of husband and wife must be jointly signed by the husband and wife or recognized by one party afterwards and other common expressions of intent, or debts borne by one party for family life during the existence of the marriage.

Article 1064 of the Civil Code.

Debts incurred by the husband and wife as a joint signature or a subsequent recognition by one of the husband and wife, as well as debts incurred by one of the husband and wife in their own name for the daily needs of the family during the existence of the marital relationship, are joint debts of the husband and wife.

Debts incurred by one of the spouses in his or her own name during the existence of the marital relationship in excess of the daily needs of the family are not joint debts of the husband and wife; However, the creditor can prove that the debt was used for the husband and wife's common life, joint production and business, or based on the common intention of the husband and wife.

Legal analysis: According to the provisions of China's Civil Code, it can be seen that the debts borne by the husband and wife jointly signed or the subsequent recognition of the husband and wife, as well as the debts incurred by one of the husband and wife in their own name during the existence of the marital relationship, for the daily life of the family, belong to the joint debts of the husband and wife. Debts incurred by one party in his or her own name during the existence of the marital relationship in excess of the daily needs of the family are not joint debts of the husband and wife; However, unless the creditor can prove that the debt is used for the husband and wife's common life, joint production and operation, or based on the common intention of the husband and wife.

Legal basis: Article 1064 of the Civil Code of the People's Republic of China Debts borne by the husband and wife as jointly signed or recognized by one of the husband and wife after the fact, as well as debts incurred by one of the husband and wife in his or her own name for the daily needs of the family during the existence of the marital relationship, are joint debts of the husband and wife.

Debts incurred by one of the spouses in his or her own name during the existence of the marital relationship in excess of the daily needs of the family are not joint debts of the husband and wife; However, the creditor can prove that the debt was used for the husband and wife's common life, joint production and business, or based on the common intention of the husband and wife.

Calculate. Debts borne by both husband and wife in the joint signing of the model or post-mortem recognition by one of the husband and wife, as well as debts incurred by one of the husband and wife in their own name for the daily needs of the family during the existence of the marital relationship, are joint debts of the husband and wife. Legal basis:

Civil Code of the People's Republic of China Article 1064 Debts incurred by both husband and wife in the joint signature of the husband and wife or by one of the husband and wife in the subsequent recognition of the common expression of intent, as well as debts incurred by one of the husband and wife in their own name during the existence of the marital relationship for the daily needs of the family, are joint debts of the husband and wife. Debts incurred by one of the spouses in his or her own name during the existence of the marital relationship in excess of the daily needs of the family are not joint debts of the husband and wife; However, the creditor can prove that the debt is used for the husband and wife's common life, joint production and operation, or based on the joint intention of the husband and wife.

It depends on what the purpose of the borrowed money is, and it depends on the situation.

According to Article 1064 of the Civil CodeCouplesThe joint signature of both parties or the subsequent recognition of one of the husband and wifeand other common intentions, as well as the period during which one of the spouses has a marital relationshipIn the name of personal ashwagandha for the daily needs of the familydebts,BelongsJoint debts of husband and wife.

During the marriageActing in an individual capacity that exceeds the daily needs of the familydebts,It doesn't belongJoint debts of husband and wife. However, the creditor can prove that the debt was used for the husband and wife's common life, joint production and business, or based on the common intention of the husband and wife.

If there is no relevant evidence to prove that the loan is a joint loan between the husband and wife and used for the husband and wife to live together, it may not be recognized as a joint debt of the husband and wife. If the money is borrowed in the name of both husband and wife and has the joint signature of both parties or one party later recognizes it, it is a joint debt of the husband and wife.