New Marriage Law The house my parents gave me is mine?

Your name alone is your personal property.

Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (III).

Article 7: Where immovable property purchased by one of the parents for their children after marriage is registered in the name of the investor's child, it may be regarded as a gift to only one of their children in accordance with the provisions of Article 18 (3) of the Marriage Law, and the immovable property shall be recognized as the personal property of one of the husband and wife.

Marriage Law of the People's Republic of China

Article 18: In any of the following circumstances, it is the property of one of the husband and wife:

3) Property that is determined in the will or gift contract to belong to only one of the husband or wife.

That's right, according to the interpretation of the new marriage law, it belongs only to you.

Hello, the provisions of Interpretation 3 of the Marriage Law do not apply to the situation you have mentioned. However, if you wish to acquire a property that you own yourself, you can do so. This is because the Marriage Law clearly stipulates that the property donated or inherited during the existence of the marital relationship belongs to the joint property of the husband and wife, except where the donor or testator expressly donated it or inherited it by one person.

Therefore, as long as your parents make a clear statement, you can make a notarization to make it clear that the house is given to you personally. then you will be able to achieve your goal.

OK. Article 7 of the Interpretation (III) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law: If the immovable property purchased by one of the parents for the children after marriage is registered in the name of the funder's children, it may be regarded as a gift to only one of the children in accordance with the provisions of Article 18 (3) of the Marriage Law, and the immovable property shall be recognized as the personal property of one of the spouses.

Lawyer Wei Feng.

Regardless of whether the property is given to you by your parents before or after marriage, it is personal property.

Make it clear that you own it alone.

Is it reasonable to marry in the name of the other party's parents? In the rules of society, the house has your father's name written on it, indicating that the so-called new house is not the two of yours, maybe your father bought it for the wedding house, or maybe the father was right. Don't believe it, buy a house in advance, write his name just in case.

Regardless of your father's house, your siblings live together, there is no problem, how to use it, how this house is used, ask your father how to arrange it. If it is determined that it is your wedding room, it is actually the best sister and also an adult, you do not have any difficulty, even your brother to help her rent a rent. After getting married, the best couples can take advantage of both worlds, and such feelings will grow deeper and deeper, not because something else is dying.

If your father agrees with your sister living here and asks you to accept the reality that you have to live here, I feel that this time your husband and wife will put the money into a new house, or you will rent out a room. I bought a new house. The method of this move is simpler than the relationship between your wife and sister.

It doesn't want to live here, you don't want to move out, you don't want to go against your father's will. I don't want my wife to be angry. Many times the reason is very weak, no way, not really no way, but what you want, there is nothing to do.

The relationship between husband and wife is always the most important in family relationships, so the most critical thing for you in this matter is to deal with the relationship between your wife. The wife is pregnant, and it is necessary to have a stable home environment.

If you don't lose money, your sister is not suitable for someone else. If it is difficult for your sister to say that this is a dad and you cannot control it, then you can only do it in jurisprudence and avoid more disputes and disputes in the state of Tong, after all, there is a contradictory controversy, and you are the most uncomfortable contradiction in the middleman. In fact, before getting married, you should figure it out.

Whether it's you, or your wife, how to arrange your house, you can accept this arrangement, if there is a contradiction, how to resolve it, you have to expect these things before marriage, there are still a lot of troubles. These two people have a long time, and they will not have more time to look forward to the future. Women must have wisdom at home, understand, listen and advise, and men must have wisdom at home, understand decisiveness and mediation.

Being the middle of the middle, you don't always feel like you're having a hard time doing it. In fact, as long as you decide to make a decision, everyone else is fine, it's such a simple thing.

After marriage, you must be filial to each other's parents, and one parent Qi Zhengxiang's name. After marriage, the relationship between the parents of both parties should be dealt with.

After marriage, the relationship between the parents of both parties must be dealt with, and there is no agreement for their son. The marital house clearly expresses the man's prepared attitude in the name of the man's parents and the requirements that should be met, because although the house is a down payment from the man's parents, but do not look down on the elderly, so the woman has no right to deal with the house but has no right to decide. If this new house is prepared by the parents for the oranges, then find a way to solve this matter.

If the parents' house is used as the marriage room, the parents will build a house for both parties after the marriage, because the person who regards it as a relative will only live for a month.

What does it mean, if you don't pay the mortgage and don't renovate, then it's naturally the property of the other party's parents.

Answer, from the description to the analysis, the front and socks.

Explain that you have been granted the right of residence, Yinji.

But it's not your shack's property.

If the new house is in the name of your parents, then the property that belongs to your parents is lent to you to live in, and you have no property rights.

Legal analysis: If the property purchased by the parents is registered in the name of the parents, it belongs to the parents and does not belong to the joint property of the husband and wife; If it is registered in the name of the contributing child, it shall be recognized as the personal property of one of the spouses; If it is registered in the name of the husband and wife, it shall be recognized as the joint property of the husband and wife, unless otherwise agreed by the parties.

Legal basis: According to Article 29 of the Judicial Interpretation 1 of the Marriage Section of the Civil Code of the People's Republic of China, if the parents 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 own 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.

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

Legal analysis: if it is registered in the name of the parents, it does not belong to the joint property of the husband and wife; 2. If it is registered in the name of the contributing child, it shall be recognized as the personal property of one of the husband and wife; 3. If it is registered in the name of the husband and wife, it shall be recognized as the joint property of the husband and wife, unless otherwise agreed by the parties.

Legal basis: Article 1065 of the Civil Code of the People's Republic of China A man and a woman may agree that property acquired during the marriage relationship and property before marriage shall be owned separately or jointly, or partly separately or partly jointly. The agreement shall be in the form of a dry and resistant surface.

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 marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world shall be paid off with the personal property of the husband or wife if the counterpart knows that the agreement is not in place.

If the house given by the parents after marriage is not clearly stated to be owned by one party, it is considered the joint property of the husband and wife; It is clearly stated that it is owned by one party, which is the personal property of one party.

1. Does the money given by one of the parents after marriage belong to joint property?

If the money given to the husband and wife by one of the parents after marriage is not clearly indicated to belong to one of the spouses, it means that the gift to the husband and wife belongs to the joint property of the husband and wife.

The law stipulates that the following property acquired by the husband and wife during the marriage 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 where it is expressly given to one party;

5) Other property that shall be jointly owned.

2. Whether the spouse has a share in the real estate inherited after marriage.

In general, the spouse has a share in the property inherited after marriage. For the property inherited by one of the spouses during the marriage, if it is not expressly stated that it is owned by one of the parties, it belongs to the joint property of both parties, and the spouse has the right to dispose of it equally; If it is expressly stated to be owned by one of the spouses, it is the personal property of one of the spouses and the spouse does not have a share. However, the spouses may agree that the property acquired during the marriage shall be separately or jointly owned or partly separately and partly jointly owned.

The joint property of husband and wife refers to the property acquired during the existence of the marital relationship and provided for in the Civil Code of the People's Republic of China, which is the joint property of the husband and wife and is jointly owned by the husband and wife, and the husband and wife have equal rights to dispose of the joint property. Personal property refers to property that is wholly owned and controlled by one of the spouses under the joint property system.

3. How to divide the house bought after marriage in the event of divorce.

The division of the house bought after marriage in the event of divorce shall be handled by agreement between the two parties, and if the agreement is not reached, the court shall make a judgment. Depending on the circumstances of the property, the court will make a judgment in accordance with the principle of taking care of the rights and interests of the children, the woman and the innocent party. If it is purchased by one of the spouses' parents after marriage, the property is jointly owned by both spouses unless it is expressly stated that it belongs to the individual.

If the parents have made it clear that the property is owned by one of the individuals, it is the property of the individual.

Article 1062 of the Civil Code of the People's Republic of China provides that the following property acquired by a 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: (—wages, bonuses, 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.

1.How to prove that the purchase of a house after marriage is a gift from the parents to the husband and wife.

First, the real estate certificate only writes the name of the recipient party.

Second, the parents funded the purchase of the house, and there is proof of capital flow. Third, the parents and the donee go to the local notary office together to handle the notarization of the gift, indicating that it is the personal property of the child of the gift.

Judicial Interpretation II of the Marriage Law:

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.

2.How to determine that the house given by the parents after marriage can belong to one party.

It's actually very simple, ask the parents to issue a written statement of gift or something, it can be as simple as this:

Gift Statement. The present (parent's name) has donated his or her house (indicating the address) to his son (or daughter) (in your own name) and in order to avoid the property being recognized as joint property by virtue of the gift made during the marriage, this declaration is hereby made to indicate the gift to one of the parties, i.e. (in your own name).

Signature of the donor).

date) and then go to a notary public to notarize to strengthen the evidence validity.

Of course, during this period, you should go through the transfer procedures or something, and you can go to the corresponding competent authority to handle it yourself.

3.What should I do if I borrow my parents' money to buy a house and divorce after getting married.

Do you want to ask: after the children get married, does the money given by the parents to the children belong to the joint property of the husband and wife? First of all, it needs to be clarified that the nature of the money given by the parents after marriage, is it a loan, a custody or a gift?

Different natures need to be supported by corresponding evidence, and different natures will also have different legal consequences.

If there is no relevant evidence to prove that it is a loan or custody, it will be deemed as a gift. According to Article 18 of the Marriage Law of the People's Republic of China, the property that is determined in the will or gift contract to belong to only one of the husband or wife is the joint property of the husband and wife.

In the event of a divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; 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. It is worth noting that if the parents are involved in the purchase of houses and real estate for their children after marriage, the relevant circumstances should be implemented with reference to the judicial interpretation of the Marriage Law.

Legal basis: Article 18 of the Marriage Law of the People's Republic of China shall be the property of one of the husband and wife in any of the following circumstances: (1) the premarital property of one party; (2) Medical expenses, living allowances for persons with disabilities, and other expenses received by one side 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 party.

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.