If the parents give the money for the sale of the house, and the son is married, how can the rights

Marriage is the result of the sublimation of the relationship between men and women to a certain extent, don't just think about how to protect your rights and interests after divorce, that is not good. If the children's marriage breaks down, then the part of the parents' contribution may not be distributed according to the joint property of the husband and wife when the joint property of the husband and wife is distributed. The part of the children's contribution to the property belongs to the joint property of the husband and wife in accordance with the provisions of the Marriage Law, and is divided equally in the event of divorce.

First of all, it is necessary to confirm whether to buy a house or sell a house, because the ownership of the house is still owned by the man according to the provisions of the new law, and the money from the sale of the house still belongs to the man for a short time, and after a long time, it will belong to the joint property of the husband and wife, unless the deposit in the parents' account is not used as the child's husband and wife account!

If there are concerns in this regard, first of all, the property rights can not be given to the son, and the other can do the premarital property notarization, the premise is that the son and daughter-in-law must agree, otherwise it may increase family conflicts.

Don't be afraid now. The boy buys a house. It's a boy's after all. If your son gets married, and buys a house. Joint property of the husband and wife. The house you bought before you get married will always be your own.

If you can explain that this money is your parents' money, then it does not belong to the joint property of the husband and wife, and your daughter-in-law will not be able to distribute it if you divorce.

The house is pre-marital property, and even if the house is divorced, it cannot be divided.

Summary. Dear, no right. If the house is bought for the son before marriage, it is the son's pre-marital property and has nothing to do with the daughter-in-law, so the daughter-in-law has no right to divide the property in case of divorce.

If the son is divorced, does the daughter-in-law have the right to divide the property?

Dear, no right. If the house is bought for the son before marriage, it is the son's pre-marital property and has nothing to do with the daughter-in-law, so the daughter-in-law has no right to divide the property in case of divorce.

If the immovable property purchased by one of the parents for the child after marriage is registered in the name of the investor's child, it may be regarded as a gift to only one of the children in accordance with the provisions of Article 1063, Paragraph 3 of the Civil Code, and the immovable property shall be recognized as the personal property of one of the spouses. Where the immovable property purchased by both parents is registered in the name of one of the children, the immovable property may be deemed to be jointly owned by both parties in accordance with the respective parents' share of the capital contribution, unless otherwise agreed by the parties.

If the parents have made it clear that the house is for one of their children and is their own personal property, the divorce is not involved in the division of property; If the parents do not explicitly indicate it when they buy the house, it is deemed that the house is a gift from the parents to the husband and wife, and it is joint property, and the two parties agree to deal with it at the time of divorce; If an agreement is not reached, the people's court shall 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.

Legal basis: 1. 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) 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 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 obtained 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.

Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.

The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

2. Article 29 of the "Supreme People's Court's Interpretation (1) on the Application of the Civil Code of the People's Republic of China on Marriage and Family" 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.

The house bought by the parents for the son, the division of the son's divorce property is as follows: the parents' contribution to the purchase of the house, the property registered in the son's name, belongs to the son's personal property; Personal property belonging to the parents registered in the name of the parents; Registered in the names of the husband and wife is the joint property of the husband and wife, unless otherwise agreed by the parties.

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. The husband and wife have equal rights to dispose of the joint property.

Summary. After marriage, the woman's parents buy a house and write the name of one of their daughters, and the house belongs to the personal property acquired by the woman after marriage, and the house belongs to the woman when the daughter divorces later.

The marriage house that the parents bought for their son, how to calculate it after the parents divorced.

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After marriage, the woman's parents bought a house and wrote the name of one of their daughters, and the house belonged to the personal property of the nuclear woman who took the Xian Shi Kaide after marriage, and the house belonged to the woman when the daughter divorced later.

Look at whose name is written on the title deed. If it is the child's name, it belongs to the child. If it is the name of one of the parents, it is necessary to negotiate or go to the court for a judgment.

If the immovable property purchased by the parents of both parties is registered in the name of one of the children, the immovable property may be deemed to be jointly owned by both parties in accordance with the share of the capital contribution of their respective parents, unless otherwise agreed by the parties.

If parents buy a house for their children before marriage, it shall be deemed to be a gift to their children, which is the personal property of one of the husband and wife, and does not need to be divided at the time of divorce. If it is a property for your children, the property belongs to the children alone, and they do not participate in the division of property in the event of divorce.

1. The process of dividing the property.

According to the laws of our country, if one of the parents makes a down payment for the purchase of a house with a mortgage after marriage, and the property right is registered in the name of their children, and the husband and wife jointly repay the loan, the property belongs to the joint property of the husband and wife at the time of divorce, and the two parties shall deal with it by agreement. After marriage, the parents of both parties sponsor their children to buy a house, and the real estate is deemed to be owned by both parties according to their respective parents' share of capital contribution. After marriage, one of the parents sponsors the child to buy a house, and the property right is registered in the name of the investor's child, which is regarded as a gift to his child, and the property is the personal property of the investor's child, and the other party has no right to request the division of the property.

After marriage, if one party buys a house with personal property and obtains the real estate certificate, it should belong to the property of the buyer, and the other party has no right to request the division of the property. After marriage, one party buys a house with the joint property of the husband and wife, and the property should belong to the joint property of the husband and wife, which shall be disposed of by agreement of both parties.

2. The property rights of real estate purchased by parents for their children after marriage.

According to the law, if the parents contribute to the purchase of a house for both parties after they get married, the contribution shall be deemed to be a gift to both husband and wife, unless the parents expressly express the gift to one of the parties. Therefore, in this case, the property should be jointly owned by the husband and wife, and in principle, it should be divided equally in the event of divorce. However, if one of the parents contributes to the purchase of a house after marriage and only writes the name of his or her own child, it is a gift to his or her own child, and it is personal real estate.

3. How to divide the loan property after divorce and marriage.

1. After marriage, if one or both parties purchase a house with the joint property of the husband and wife and obtain the real estate certificate, one party after the marriage purchases the house with the joint property of the husband and wife and jointly repays the loan. Regardless of which party is registered in the title deed, the property should be the joint property of the husband and wife. In the case of divorce, the division of real estate shall be carried out according to the joint property of the husband and wife.

2. After marriage, the parents of both parties subsidize their children to buy a house, and the property right is registered in the name of one person, the real estate can be recognized as owned by both parties according to the share of their parents' contributions. In the case of divorce and the division of real estate, if the parties agree otherwise, it shall be handled in accordance with the agreement. If there is no agreement, it will be divided according to the proportion of capital contribution.

For the repayment of the loan, if the husband and wife do not agree on the property, the repayment of the loan belongs to the joint property of the husband and wife, and there is no need to divide it in the event of divorce.

3. If one of the parents makes a down payment, the property right is registered in the name of their children, and the husband and wife jointly repay the loan, in this case, the down payment can be recognized as only a gift to the children of the investor, and the real estate is the property of the husband and wife at the time of divorce, and the part of the down payment should be recognized as the personal property of the children who contributed the money. The part of the joint repayment of the loan belongs to the joint property of the husband and wife, and shall not be divided in the event of divorce.

This question depends on the situation.

1.In the first case, Lao Zhang and his wife voluntarily buy real estate for their son Xiao Zhang, then in principle, the property belongs to Xiao Zhang's personal real estate auction

What does that mean? The most important principle of civil law is to respect the true intentions of the parties. Lao Zhang registered the house he purchased in the name of his son Xiao Zhang, and his true meaning may be expressed in two ways, one is to buy a house for his son, which is equivalent to donating his property to his son.

The other is for some reason, although the property is registered in the son's name, the son is only the nominal owner and is still in fact the joint property of the husband and wife.

If Lao Zhang and his wife are just to buy a house for their son and have no other considerations, then this house is Xiao Zhao's.

In the second case, Lao Zhang and his wife, out of some considerations, took Erpai He Changzi as the nominal owner, which was actually the public property of the husband and wife.

In this case, the spouses should sign a written agreement stipulating that the property is in fact the joint property of the husband and wife. In this case, both spouses have the right to dispose of the property, and in the event of divorce, the parties can divide the property. However, when Xiao Zhang reaches the age of 18, Lao Zhang and his wife should consult their son on whether Xiao Zhang agrees to hold on behalf of him, and if the son agrees to hold on behalf of him, he should sign a written agreement on behalf of him; Otherwise, there is a possibility that there will be a dispute with your own son over the ownership of the house in the future.

3.It is also necessary to distinguish between the internal and external effects of the registration of house ownership.

The registration of immovable property rights gives rise to the effect of presumption that the registered right holder is the real right holder, which is divided into external effect and internal effect. External effect refers to the protection of the legitimate interests of bona fide third parties in accordance with the principle of publicity and credibility of real rights; Internal effect means that between the right holder and the interested party, the real right holder should be determined according to the true intention of the parties.

For example, if Xiao Zhang, the son of Lao Zhang and his wife, holds the property on behalf of him, but Xiao Zhang conceals from Lao Zhang and his wife to reasonably ** the real estate ** after he becomes an adult, Lao Zhang and his wife cannot terminate the contract as owners or claim that the sales contract is invalid as the attacker, but can only demand compensation from Xiao Zhang, unless the third party knows that Xiao Zhang is the nominee.

In short, with regard to the owner, on the one hand, the law respects the true intention of the parties, and on the other hand, it also maintains the credibility of the publicity of the immovable property registration, so as to safeguard the interests of bona fide third parties.