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The name of the married son or grandson who has not yet reached the age of age can be written, and the name of the son or grandson can be written on the real estate deed, and it should be stated that the property is owned by one party. The parents then write an agreement stating that the property is a unilateral gift to their son alone.
In fact, this is already redundant, and it is nothing if you don't want to be so troublesome. According to the relevant provisions of the Judicial Interpretation of the Supreme Court on the Marriage Law published in the People's Court Daily on November 16, 2010, as long as the property right is registered in the name of the investor's children, the daughter-in-law has no right to divide the house at all in the event of divorce. The relevant provisions are attached:
Article 8 Where immovable property purchased 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 one of the children, and the immovable property shall be deemed to be the personal property of one of the husband and wife.
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Why don't you write under your own name? The daughter-in-law is not filial, it is not the son's habit, and the son's grandson's name is written, and the daughter-in-law should remember that it is not a way to get it sooner or later. Write in your own name, when you need money for an accident in the future, you can sell it, write in their name, you need money in the future, what should you do?
The filial piety of the child will be given to the filial child in the form of an inheritance in the future, and the child will have no great hope if he is not filial. The watchtower owner thinks twice!
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1. You can write. 2. It is stated that it is only a gift to the man personally, and has nothing to do with the woman.
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The daughter-in-law is not filial, and the son is also guilty of not buying it for him.
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If you think that if your son divorces in the future, your daughter-in-law will divide your property, and you will write the names of the husband and wife. If you want a harmonious family, it is not easy for a daughter-in-law to have a mustard in her heart.
Then write the son's name. But I'll be fair, other people's parents worked hard to plant a big girl, let everyone's children take away the ears, and take care of your children's laundry and cooking. As the tenant, the child has the right to deal with it independently, such as raising the name of the other half, selling, etc.
There may be damage to property of subject, or violation of the wish of the question. Therefore, the only option you can do is to do a maintenance of your investment. There are IOUs.
In the case, do not prevent the child from settling on the house. If the subject does not want the child to sell the house later, add another gesture: to apply for permanent residency, it is best to have an indefinite period (equivalent to permanence).
Although it still can't stop the sale of a house, the property sale is very difficult - no one wants to buy a house that can be lived in by others.
Write your best to prevent future disputes. I'm married, and I'm not saying anything discouraged. It is true that married life is unstable among young people today.
If they do have to name the house, at least wait until they have children. If your child has a big quarrel with your daughter-in-law, you can go back to them and talk about it when everyone has a child, which can also make them have a baby as soon as possible. You must explain this to your son at the beginning, and after all, all your belongings will belong to your children.
You don't know much about your daughter-in-law's personality, and you can also use this matter to test your daughter-in-law's integrity. If you write the names of the two people, it means financially that the house belongs to the husband and wife of Dayuan Jianji, and it has nothing to do with the son and daughter-in-law. From the perspective of family stability, after all, it is a "new house", so the daughter-in-law is likely to make a lot of noise in the future.
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That's to write the son's name, because this house is for the son when he is not born, and if he writes his name, he will definitely regret the relationship between his son and daughter-in-law. Clanna.
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If you bought the house in full, it is best to write your own name so that property disputes can be avoided.
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If it is for the child to get married and buy a house, I personally think it is better to write the child's name, if it is written in your name, there will be an additional cost for the transfer in the future.
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Hello, before marriage, parents need to analyze the purchase of their son according to different capital contributions;
1. Before marriage, the man's parents bought the house in full, and the house was registered in the man's name.
If the full contribution of one of the parents before the marriage is registered in the name of the funder child, the house is considered a gift from the parents to the child and therefore belongs to the pre-marital personal property of the party.
2. Buy a house before marriage, and after the man's parents give a down payment, both men and women will repay the loan together.
In practice, the house will be recognized as the man's personal property before marriage, and if the woman renovates the rent, the woman can only receive half of the joint loan repayment and half of the corresponding property appreciation of the house.
Home & Family Law Firm focuses on marriage and family matters, and can communicate further if you have other questions or related legal needs.
Legal basis] Article 29 of the Interpretation (1) of the Marriage and Family Section of the Civil Code: If 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, unless 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; 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.
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Of course, it belongs to the son, this has nothing to do with when the real estate certificate was done, only if there is no money, then it does not belong to anyone.
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Flowers] [Flowers] [Flowers] Hello, dear, I am happy to answer for you: before marriage, the parents just bought a wedding house for their son, and the real estate certificate writes the son's name, whose house is it. Legal Analysis:
If the house was bought by the parents with full funds before marriage, and the name of the son is written on the real estate certificate, it belongs to the gift of the parents to the son, that is, the man's personal premarital property; According to the law, pre-marital property is not included in the joint property of the husband and wife, and the other party does not have the right to own and dispose of the house, and has no right to claim division in the event of divorce. Legal basis: 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 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 party. "Interpretation 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 31: Article 1063 of the Civil Code provides that the personal property of one of the husband and wife shall not be converted into the joint property of the husband and wife due to the continuation of the marital relationship. Unless otherwise agreed by the parties.
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Haha, from a legal point of view, the marriage house that the father bought for his son with his relatives was originally the father's name, and the house was still the father's. The son just enjoys residency.
My father only buried the sedan chair and had the ownership of the house!
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Legal advice.
Questions. If the parents buy a house for their son to get married, it is better to write the name of the parents or the name of the son on the real estate certificate.
Property disputes. 10w+ Browse Help 5 people2020-09-18Jilin Songyuan.
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Lawyer's answer: 1 in total.
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Legal advice.
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Consult me. If the money to buy the house is paid in full by your family, of course, it is most secure to only write the name of your family. If the son can complete the purchase transaction before receiving the marriage certificate, you can write the son's.
But it's best to write about the parents, anyway, if there is only one son, the house will still be the son's in the end. But if the son has already received a marriage certificate, if the son's name is written, it is basically half of the house for the daughter-in-law. If the house only has the son's name, whether he gets a marriage certificate or not, he also has the right to add the daughter-in-law's name in private.
Therefore, if the son has no opinion, it is best to write the house to the parents, and if the parents pay to buy it, don't be soft-hearted or anything, and protect yourself first.
You don't have to worry about how complicated and troublesome it will be to transfer the house to your son in the future. In fact, as long as you give some money to the real estate agent, and then directly do a house transaction with your son, you can get the cost of the transfer.
If the house was bought by two families together, or if one party pays the down payment, the other party pays the loan, or even repays the loan together. Anyway, on the premise that both parties give money to buy together, just write the names of the son and daughter-in-law, which is fair and just, and no one is greedy for anyone. Anyway, the proportion of possession can be written on the real estate certificate, and whoever gives more money will occupy more.
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The house is the father's name, the house is the father's new, the son only has the right of residence, if this right of residence is signed by the agreement, the right of residence is more effective than the house, the father can't just kick his son out and can't live, he can only negotiate with the son to move out, if the son doesn't agree, no one can do anything, and the house book is not.
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The father buys a house for his son to get married, and the father's name is written in the house book, and the house is the father's, but the son can use it.
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In the name of the father, so is the legal process.
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Before marriage, the parents bought a matrimonial house for their son, and at this time, the parents unilaterally gifted the son's personal property, and the ownership of the property belonged to the son. Because the real estate certificate is a one-copy certificate, the names of two people should be the joint ownership of the property, since the names of the two people are written on it, it is equivalent to the joint property of the husband and wife. Whether it is a real estate certificate before marriage or after marriage, it is considered a gift from parents to both husband and wife.
If you want to avoid this situation, you can declare when you buy the house that the house is only registered in the name of the son and daughter-in-law, and there is no gift relationship. At this time, it is equivalent to a creditor's right and debt relationship, and the property is essentially the property of the parents. In this case, evidence needs to be preserved, and it is best to do a notarization.
1. There are several circumstances in the law that belong to joint property, which can be directly determined as joint property of husband and wife. For example, one party buys a house in full before marriage and registers it in the name of the prospective couple; Before marriage, one of the parents buys a house and registers it in the name of the prospective couple; The down payment made by one party before the marriage and the joint repayment of the loan after the marriage shall be registered in the name of the lender. In these cases, the property is owned by the husband and wife.
In fact, this is also understandable, when parents buy a wedding house for their son, it is equivalent to giving the property to their son. Then after the two parties get married, the woman's name is added to the real estate certificate, which is equivalent to the son giving half of the property to the woman. In this case, it is naturally the joint property of the husband and wife.
2. How to avoid that if we only want the property to be written with the names of our son and daughter-in-law, and we don't want to give the property to our daughter-in-law, we need to make a declaration at the time of registration. Both parties can sign an agreement or find someone to notarize, and at this time the property is the son's own. However, how the son will operate in the future, whether he wants to give it to his daughter-in-law, the parents have no right to ask.
This is generally not recommended and may make the daughter-in-law feel guilty.
It is better to take the property into your own hands, and you can only register it in the name of your son and daughter-in-law, and do not exercise the right to donate. This also needs to be declared or notarized, at this time the property belongs to you, and who you want to leave it to in the future depends entirely on your own wishes. Be a bad person yourself and don't embarrass your son.
3. Provisions on the joint property of husband and wifeIn the Civil Code, there are provisions on the joint property of husband and wife, one of which is "inherited or donated property". A parental gift, in the absence of an explicit gift to that party, is by default the law is a gift to the joint property of the husband and wife. Most people in life want to write the names of both parties on the title deed and hold the property in their own hands at the same time.
This idea is feasible, as long as it is notarized, but the other party will definitely know about it after notarization. Between husband and wife, there is no need to engage in such small actions, just refuse directly if you don't want to send it, the premarital property itself belongs to the individual, and no one has the right to ask for it.
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The house belongs to the son and daughter-in-law, because the names of the son and daughter-in-law are written on the real estate certificate, and half of the property must be divided between the other party when the property is divided at the time of divorce.
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This house is actually the parents', because the money is given by the parents, if the notarization of this house is given to the son and daughter-in-law, the house belongs to two people.
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The house belongs to the son and daughter-in-law, and the house follows the name on the title deed, and these are legally enforceable.
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The house belonged to his parents, and although the house was bought for his son to marry, the decision on the house was still in the hands of his parents.
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