Special circumstances of buying a house after marriage:
1. The property right of the property purchased by one parent for their children after marriage is registered in the name of the investor's children, which can be regarded as a gift to only one of their children, and the property should be regarded as the personal property of one spouse.
2. After marriage, one parent contributes capital and the property right is registered in the name of the other, which is generally considered as a gift to both parties. Unless a written agreement or statement made by parents at the time of capital contribution proves that this capital contribution is only for their children.
3. If the property right of the property purchased by both parents after marriage is registered in the name of a child, the property can be recognized as shared by both parties according to their respective parents' share of capital contribution, unless otherwise agreed by the parties.
4. One of the husband and wife signs a real estate sales contract before marriage, pays the down payment with personal property and borrows from the bank, and repays the loan with the joint property of the husband and wife after marriage. If the real estate is registered in the name of the down payment, the real estate shall be handled by both parties through agreement at the time of divorce. If no agreement can be reached, the court may decide that the property belongs to the party registered with the property right, and the outstanding loan is the personal debt of the party registered with the property right. The amount paid by both parties to jointly repay the loan after marriage and the corresponding value-added part of the property shall be compensated by the party whose property right is registered at the time of divorce.
5. During the marriage relationship, if both parties buy a house in the name of one parent with the joint property of husband and wife, and the property right is registered in the name of one parent, and the other party advocates dividing the house according to the joint property of husband and wife at the time of divorce, the court will not support it. The capital contribution when buying a house can be treated as creditor's rights.
6. On February 29th, 2020, 65438, the Supreme Court issued the first series of judicial interpretations on marriage in the Civil Code (202 1. 1 implementation), in which the provision that "before children register for marriage, parents purchase houses as a unilateral gift to their children" is consistent with the previous judicial interpretation of the Marriage Law. However, how to determine the parents' gift after the children register for marriage is amended as "if there is an agreement, according to the agreement, if there is no agreement or the agreement is unclear, it is presumed to be a gift to both husband and wife", which is obviously different from the provisions of the second judicial interpretation of the original marriage law that "unless the parents explicitly express that it is only a gift to one party, the capital contribution should be recognized as a gift to both husband and wife" and the third judicial interpretation that "if the property right is registered in the child's name, it is regarded as a unilateral gift to the child". That is to say, after the implementation of this judicial interpretation, if the children buy a house after marriage, and the parents contribute, whether it is agreed or unclear, whether it is full or partial contribution, whether it is registered in the name of one party or both parties, it is presumed to be the joint property of husband and wife and owned by husband and wife.
According to this new regulation, parents are advised to invest in buying a house after marriage. Parents, children and their spouses should jointly sign a written agreement, clearly stipulating whether the nature of parents' investment is a loan or a gift. If it is a gift, it needs to be clearly agreed whether it is only for children or for children and their spouses. If it is a loan, specify the interest and repayment period.
Legal basis:
civil law
Article 1062 The following property acquired by husband and wife during the marriage relationship is the common property of husband and wife, and is jointly owned by husband and wife:
(a) wages, bonuses, labor remuneration;
(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 should be jointly owned.
Husband and wife have equal rights in dealing with common property.