If the man’s parents make a down payment when buying a house after marriage, the divorce division needs to be discussed on a case-by-case basis. The situation is as follows:
1. If the parents of one spouse contribute money to buy a house and the property rights are registered in the name of their children, the The property is the personal property of one spouse and the other spouse has no right to divide it during divorce. If the property rights are registered in the names of both husband and wife, it should be regarded as a gift to both parties, and the property shall be divided between the husband and wife.
2. Before marriage, the parents of one party contributed the down payment to buy a house. After marriage, the couple will repay the loan together. If it is registered in the name of one party, then this situation can be handled by agreement between the two parties first. If the agreement cannot be handled, The property belongs to the party who registered the property rights, but the property owner should make fair and reasonable compensation to the party for the increase in value of the mortgaged house after the marriage and the loan repayment after the marriage. If it is registered in the names of both parties, it can be regarded as a gift from the investor to one spouse and has been actually performed through the property rights registration act. The real estate belongs to the joint property of the husband and wife, and the mortgage payment belongs to the joint debt of the husband and wife, and will be divided equally between the husband and wife in the event of divorce.
3. If the house is purchased by both parents, no matter which party it is registered in, the house will be divided according to the share of the capital contribution in the event of divorce.
To sum up, I believe that everyone has a certain understanding of the issue of how to divide the down payment of a man’s parents who buy a house after marriage, and how to divide it in divorce. It is recommended that you learn more about the relevant legal knowledge in this area, so that you can deal with the situation. When it comes to legal issues, you can use legal weapons to protect your legitimate rights and interests.
To sum up, if the marriage house purchased by the man’s parents as a down payment after marriage is not clearly indicated as a personal gift to the children, then the property should be divided according to the joint property of the husband and wife during divorce.
Legal basis:
Interpretation of the Marriage and Family Section of the "People's Republic of China and Civil Code" (1)
Article 29
If the parents of the parties contribute capital to purchase a house for both parties before they get married, the capital contribution shall be deemed as a personal gift to their children, unless the parents expressly express the gift to both parties.
After the parties get married, if the parents contribute money for the purchase of a house by both parties, the matter shall be handled in accordance with the agreement; if there is no agreement or the agreement is unclear, the provisions of Article 1062, Paragraph 1, Item 4 of the Civil Code shall apply. Principle processing.
Article 1087
In the event of divorce, the husband and wife’s separate property shall be handled by agreement between the two parties; if the agreement cannot be reached, the people’s court shall decide according to the specific circumstances of the property. The judgment shall be based on the principle of taking into account the rights and interests of the children, the woman and the innocent party. The rights and interests enjoyed by husband or wife in family land contract management shall be protected in accordance with the law.