When children buy a house and their parents go out, how to repay the debt?

1. If an intra-family dispute is involved, it is not appropriate for the court to intervene before the divorce is litigated.

2. From the perspective of the Marriage Law, if the purchase of a house is before the marriage registration, it is personal property, and the relevant property is determined according to the registered property owner. Similarly, the debt in question (parental contribution) is borne by the individual; If it is purchased after the marriage is registered, the property is joint property, and the same debt is also a joint debt, which is jointly borne by both parties.

3. It is recommended that all parties negotiate on relevant issues.

Sort out the gist of it: men and women get married, the marriage house is 600,000, the woman pays 100,000, and the man pays 500,000, of which the man himself borrows 300,000 including 200,000 yuan, and the man's parents borrow 200,000 yuan including 160,000 loans, and later the man's own 200,000 loans are repaid by men and women, and the loans of the man's parents are repaid by the man's parents, so in the end, the woman pays 100,000, the woman's parents pay 100,000, the man pays 200,000, and the man's parents pay 200,000 including 40,000 debts. I don't know if I'm combing it right.

Next, the man plans to repay the 40,000 yuan for his parents, and then the woman also gives 40,000 yuan to her parents, so in the end, the woman's parents actually paid 60,000 yuan, and your parents actually paid 160,000 yuan. When the numbers are compared, you can see who has contributed more.

Of course, a family living in harmony cannot just look at these numbers, but also need to be considerate of each other. The times are different, marriage is not actually a woman into whose family, it is the separation of men and women from their respective families to form another family, but the remnants of Chinese feudalism are this small family is not so completely independent, the woman loses more or less in this union, therefore, in the past, the man was responsible for buying a house before marriage, and now both men and women are jointly responsible, and the man bears more.

But it's not your parents' responsibility to take on more than that, at least not all. The woman said to repay the debt of 20,000 yuan to the man's parents, but she will not repay the money of her parents for the time being. Therefore, I think the woman's understanding of the man's parents is not enough, she is not only concerned about your small family, but also about her adoptive parents' family, but the man's parents' family is not concerned enough, which is a common problem of most daughters-in-law, so the man's parents will not complain about anything after paying so much, because the daughter-in-law is like this.

But it's kind of chilling, isn't it? Therefore, both men and women do not have to accuse each other of the position, but the man must be conscious, he has gnawed enough to gnaw the old, and he really has no conscience if he continues to gnaw, even if he needs to take out 80,000 yuan at a time, please take out the courage to support his parents.

This question is very simple, you can pay back more difficult parties, such as one for 30,000 and one for 20,000! That's a little less than 80,000! Both parties should be satisfied!

It stands to reason that both parties are parents! And it must be returned, sooner or later! The woman also has a certain reason, because the other party is also your parents, I personally think that as long as the situation is reasonable, it will not affect your normal life!

They are all parents and they love you! As long as you have this heart and communicate well, it will not embarrass you! I wish you a harmonious family, both parties are kind, and husband and wife are better than anything else!

Legal analysis: 1. If the parents give away or sell their real estate to their children at a low price after they are in debt, and transfer the property to their adult children. The creditor may apply to the court to revoke the gift contract or the sales contract.

Therefore, in this case, the court can enforce the disposal of the house in the name of the adult child. 2. If the house in the name of the child is legally purchased by himself. or acquired in good faith, which has nothing to do with the property of the parents.

Parents are in debt and have no relationship with their adult children. Therefore, the court will not enforce the disposal of the house in the name of the adult child.

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

Article 1123: After the commencement of inheritance, it shall be handled in accordance with the statutory succession; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.

Article 1127 Inheritance shall be in the following order: (1) first order: spouse, children, parents; (2) Second order:

Siblings, grandparents, maternal grandparents. After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not inherit; If there is no first-order heir, the second-order heir shall inherit. For the purposes of this Part, the term "children" includes legitimate children, children born out of wedlock, adopted children and dependent stepchildren.

For the purposes of this Part, the term "parents" includes biological parents, adoptive parents and step-parents in a dependent relationship. The term "siblings" as used in this Part includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

It depends on the specific situation, if the child is an adult, the parents' debts are not related to the children, and the children's property will generally not be seized. However, if the child's property is donated by the parents for free to avoid debts, and the creditor has evidence to prove it, he or she can apply to the court for revocation, and after the revocation, the property in the child's name may also be preserved. If the child is a minor and has no income, and lives with his or her parents, the property that is still in his name is likely to be preserved.

Legal analysis

If the child inherits the parent's estate and the parents have debts, the parents' debts must be paid off. Parents and children can sue or not pay off, personal rights and obligations belong to themselves, and Lu Bi has nothing to do with others. A person's rights and obligations arise with the birth of the life of the person concerned, and the end of the life of the person concerned.

According to modern legal theory, parents and children are independent civil subjects.

Not by blood.

Parental debt has nothing to do with their children. According to the relevant laws and regulations of the state, the inheritance shall repay the debts owed by the deceased during his lifetime, but shall be limited to the actual value of the estate, and the heir shall not be obliged to repay the excess part. In this sense, the debt of the father to the son is still legally unfounded.

If the son inherits his father's inheritance, accepts his father's gifts, and uses the money borrowed by his father, the son needs to repay his father's debts. Other than that, there is no repayment of the father's debts and the son's debtsLegal basisTarget. the father's personal debts, the children are not obligated to repay; If the father has property, it is repaid by the father's property; If the property has already been inherited by the heirs, then the heirs should pay this debt.

If the property is insufficient to repay the share of the debt, then the successor inherits as much property as the debt is repaid, and the shortfall does not have to be repaid. But the Son shall pay the debt in place of the father if he accepts a gift from his father, which causes the father's debt to be unpaid, whether consciously or unconsciously; Inherited an inheritance from his father, and within the scope of the inheritance, assumed debts; The debt borrowed by the father is used for the common life of the family, especially for the life of the son, who in turn lives with the father.

Legal basis

Civil Code of the People's Republic of China.

Article 1163 Existing legal succession.

If there is also a testamentary inheritance or bequest, the legal heirs shall pay off the taxes and debts that the decedent shall pay in accordance with the law; The part exceeding the actual value of the statutory inheritance shall be repaid by the testamentary heirs and legatees in proportion to the inheritance.

No. Subject to property registration. Case-by-case analysis, e.g

1. If the real estate purchased by the man's parents after marriage is not designated as a gift to the woman, it does not belong to the joint property of the husband and wife; 2. The real estate purchased by the husband after marriage can be divided as the joint property of the husband and wife if there is no special agreement; In this case, the woman only shares the man's part, and if the name of the man and the man's parents is written on the real estate certificate, the woman can only share one-sixth of the property; 3. If the man can prove that the part he contributed belongs to the premarital property, then the woman cannot divide this part.

Further information] The legal provisions on debt disputes are:

1. The court with jurisdiction is selected, and the people's court at the place where the defendant is domiciled or where the contract is performed shall have jurisdiction over the lawsuit arising from a contract dispute;

2. To apply for property preservation, the people's court may, on the basis of the application of the other party, make a ruling on property preservation in cases where the judgment cannot be enforced due to the conduct of one of the parties or other reasons;

3. To apply for a payment order, the creditor requests the debtor to pay money and valuable, and if the conditions are met, it may apply to the basic people's court with jurisdiction for a payment order.

Legal basis

Joint debts of husband and wife] Debts borne by both husband and wife in the joint signature of the husband and wife or the subsequent recognition 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.

Article 1147 of the Civil Code of the People's Republic of China.

Duties of the estate administrator] The estate administrator shall perform the following duties:

a) Clean-up of the heritage and preparation of an inventory of the heritage;

2) Report the estate to the heirs;

3) To take necessary measures to prevent the damage or loss of the heritage;

4) Dealing with the claims and debts of the decedent;

5) Divide the estate in accordance with the will or in accordance with the provisions of law;

6) Other necessary acts related to the management of the estate.

1. Parents Debt Parents contribute to buy a house Do children need to repay?In the case of parental debt, the child needs to repay the debt, and if the title deed is not in the child's name, the child can not pay back. As a parent, you should be clear about the nature and target of your contribution when you make contributions.

For example, you can hold a family meeting, and if necessary, sign an agreement to clearly state the amount, purpose, and nature of the contribution. If the contribution is a gift, it is necessary to specify the recipient of the gift. The signed agreement should be signed by the children and their spouses, and if you think that such a way will affect the family relationship, you can also choose to go to the relevant notary public to handle it.

As a child, when buying a house and receiving help from your parents, if the contribution is a loan, you should tell one spouse that it is a joint debt of the husband and wife, and remember to keep evidence that the spouse agrees that the contribution is a loan. If the contribution is a gift, the husband and wife can explain it through the Marital Property Clause. 2. Precautions for parents to buy a house 1

Parents buy a house for their children in their own name, and the ownership of this house still belongs to the parents in law, and the children only have the right to live in the house, but not the ownership. If the children get married, the ownership of the house still belongs to the parents, so if there is a divorce, there will be no problem of the children and the couple dividing the property. 2.

Parents buy a house in the name of their children and sign an agreement with their children stipulating that the house is invested by the parents, the property does not belong to the children, and the children can live in it. China's immovable property is subject to a registration system, so this kind of agreement between parents and children to separate the ownership of a house from the actual registration is invalid because it violates the provisions of the "Housing Registration Measures." In other words, the ownership of the house belongs to the children, but according to the agreement, it can be determined that the relationship between the children and the parents is a creditor's relationship funded by the parents.

3.If parents buy a house for their children in the name of their children, then the ownership of the house belongs to the children, and the law considers it to be a gift from the parents to the children, which is protected by the law. 4.

If the parents only contribute part of the funds to help the children buy a house, the remaining part is the loan of the children themselves, and the part of the loan is repaid after the marriage of the children, and the part repaid after the marriage belongs to the joint property of the children and the husband and wife, and if the children and the husband and wife divorce, then it is divided as the joint property of the husband and wife. It is very common for parents to pay for a house at present, mainly because the housing price is too high, and the children cannot afford it if they have just been employed. It should be noted that when parents buy a house for their children, they should determine the situation of capital contribution, if it is a loan, the child needs to repay, if it is a gift, the child's name should be written on the real estate certificate, and it is not necessary to repay.

Now raising children may not be able to prevent old age, because the times have changed, now 100 yuan is not worth a dollar before, young people's lives are too stressful, and it is good not to drag down parents. But no matter how difficult it is, you shouldn't bother your parents. Parents are old and have no financial **, so they can help as much as they can.

The specifics of this matter.

Song has an only child, Xiao Song, in 1999, Xiao Song was 20 years old, at that time, Xiao Song's job was not stable, there was not much savings, with the help of his parents, he bought a house worth 110,000 yuan. After completing all the registrations in 2002, Xiao Song moved to this house with his parents. It wasn't until 2009 that Song bought a new house and moved out of the house, and in 2016, Song's mother died, but his father still lives in the house.

Later, because of the shortage of funds and the need to repay the bank loan, Xiao Song proposed to his father to vacate the house. His father was unwilling, so Xiao Song sued his father to court.

During the trial, Xiao Song said that the house was purchased by his parents and his name was registered, so the property should have nothing to do with his father, and he wanted to dispose of it, which should be allowed by law. Song said that he and his wife funded to help their son buy this house because his son had just joined the job and had no money to buy a house. From the purchase of the house to now, I have lived in this house for 20 years, if I sell this suite, I will not live in **, so I am unwilling to dispose of the house.

The court held that Xiao Song, as Song's son, should have an obligation to support his father, and could not be exempted from this obligation because of debts and other reasons. Moreover, Song is old, and it is reasonable for Xiao Song to provide living conditions for his father.

In this regard, I said that Xiao Song is inevitably too unconscionable, knowing how to support children, but not knowing how to support parents, what is the difference between this kind of person and a white-eyed wolf? Fortunately, in the end, the law was on his father's side, otherwise he didn't know how this old man would live in the future.