Legal analysis: According to the provisions of Article 22, paragraph 2, of the "Interpretations of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (2)", after the parties get married, If the parents contribute capital to purchase a house for both parties, the capital contribution shall be deemed as a gift from both spouses, unless the parents expressly indicate that it is a gift to one party. Judging from the content of this legal provision, parents’ investment in purchasing a house for their children after marriage is first presumed to be a gift to both spouses, unless there is evidence to prove that the parents have other intentions. Therefore, the author believes that this legal provision can be understood from two aspects:

1. If there is a clear expression of intention when making the investment, the determination shall be based on the clear expression of intention. For example, if the parents' investment is to lend money to their children to finance the purchase of a house, and they have written IOUs and other evidence at the time, the parents' investment is actually the legal relationship between the parents and their children; if it is clear that it is a gift to both spouses or one party, there is evidence that the investment is a gift. evidence. Although most parents generally provide free help based on their family relationship with their children, it cannot be said that all of them are gifts. If parents really just want to borrow money from their children, this kind of legal creditor's rights should be protected by law. Parents request If it is returned, both spouses shall return it. The law editor here would like to emphasize that in practice, when a couple wants to divorce, one of the children writes a supplementary IOU to the parents to show that the parents’ capital contribution is a loan. In fact, unless the other party approves, this evidence is of little use. The reason is that one parent Whether the capital contribution is a loan or a gift must be determined based on the evidence at the time of the capital contribution. The supplementary IOU is evidence formed based on claims that are beneficial to oneself. Whether the IOU is a supplementary writing can be identified through judicial appraisal. Therefore, one party can then make up the IOU through supplementary writing. An IOU is used to show that the parents' capital contribution is a loan. Unless the other party recognizes it, the court will not admit this evidence at all.

2. If there is no clear expression of intention when making the capital contribution, it can only be presumed according to law that the capital contribution is a gift to both husband and wife, and this part of the capital contribution is the joint property of the husband and wife. Parents often promise a certain amount of property, including investment in buying a house, when the two parties get married to facilitate the marriage. Therefore, this presumption is in line with China's national conditions and has a profound ethical foundation and marriage customs with Chinese characteristics. When the parents' financial contribution cannot be specified, In the case of expression of intention, most cases should be gifts. The value orientation of the law should also protect the interests of most people in accordance with the law. It cannot be a gift first. After the marriage, when the relationship between the husband and wife deteriorates and they want to divorce, the parents claim that it is a loan. The behavior requires the return of the investment, which is extremely unfair to the other party, especially the female party, because judging from marriage customs, it is often the male's parents who contribute more to purchase the house for both parties.

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

Article 667: The loan contract means that the borrower borrows money from the lender, and returns the loan and pays when due interest contract.

Article 668: A loan contract shall be in written form, unless otherwise agreed upon for a loan between natural persons.

The content of a loan contract generally includes terms such as loan type, currency, purpose, amount, interest rate, term and repayment method.

Article 669: When entering into a loan contract, the borrower shall provide the true situation of business activities and financial status related to the loan as required by the lender.

Article 670: Interest on borrowings shall not be deducted from the principal in advance. If interest is deducted from the principal in advance, the loan shall be returned and interest calculated based on the actual borrowed amount.