First, the specific writing process
1. Write down the name, ID number, contact information and other basic identity information of the donor and recipient.
2. Indicate the location information, title certificate number or purchase contract number of the donated property.
3. Parents can define the gift scope of the real estate, including related rights and interests attached to the real estate, interior decoration, furniture and appliances, etc., all of which are given to their children.
4. Make it clear that the donated property is owned by the donor, and the donor has the right to dispose of the property. There is no right defect in the donated property, which prevents others from recovering the property on the grounds that they have no right to dispose of it.
5. Make clear the transfer time of real estate and who will bear the taxes and fees at the time of transfer. When parents donate their property to their children, they will generally agree to cooperate with their children unconditionally when the property has the conditions for transfer, and bear all taxes and fees arising from the transfer, and at the same time agree on the liability for breach of contract for not cooperating with the transfer.
6. It is clear that there are no conditions attached to the gift agreement, the party receiving the property does not have to perform any obligations, and the donor may not cancel the gift for any reason. If the gift is revoked, it will be liable for compensation and breach of contract.
7. Define the liability for breach of contract, dispute resolution, final signature and date.
The second is the ownership of parents' investment in buying houses for their children.
When dealing with the ownership of the house purchased by parents for their children in divorce disputes, we should distinguish the time when parents invested in the house, the registered owner of the house, and the proportion and mode of parents' investment in the house to determine the final ownership of the house.
(a) wholly owned by parents
1. The capital contribution of the parent company is not registered.
(1) If one of the parents makes a contribution before the child gets married, the contribution shall be regarded as a gift to the child. The children of the donee can obtain the ownership of the real estate, which is the conversion of creditor's rights.
(2) If the parents' contribution occurs after the children get married, it shall be regarded as a gift to both husband and wife, unless there is evidence that the parents clearly express their intention to give a gift to one of their children. Accordingly, the property purchased by the children of both parties with the donated capital is the property purchased by the husband and wife with the same property after marriage and belongs to the common property of the husband and wife.
2. The wholly-owned company of the parent company has been registered.
(1) After marriage, one parent contributes to the purchase of real estate for their married children, and the property right is registered in the children's name, which is regarded as a gift to only one parent.
(2) If the property right of the property purchased by both parents 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.
(2) Parents' partial contribution (generally down payment)
1. The case of signing a real estate sales contract in the name of the parents themselves and transferring the ownership of the real estate to the name of one of the children.
(1) If the transfer of the property takes place before the children get married, obviously, the ownership of the property should belong to the children's pre-marital property.
(2) If the transfer of real estate takes place after the children get married, and the real estate is registered in the name of the children of the contributing parents, the provisions of this article can still be applied, and it is regarded as a gift to only one of their children, and the real estate shall be recognized as the personal property of one of the spouses.
(3) If the property transfer occurs after the children get married, and the property is registered in the name of the non-child spouse or both husband and wife, and the property loan is repaid with the joint property of the husband and wife, the property shall be recognized as the joint property of the husband and wife.
2. Sign the real estate sales contract in the name of the children, and register the real estate ownership in the name of one or both children.
(1) If the contribution occurs before the child gets married, it belongs to the child's personal property before marriage.
(2) If the contribution occurs after the children get married, it should be recognized as a gift to both husband and wife. Accordingly, a real estate sales contract signed in the name of one or both children after marriage and purchased with the capital contribution as the down payment, whether registered in the name of one or both children, shall be regarded as the joint property of husband and wife.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 657 A gift contract is a contract in which the donor gives his property to the donee free of charge and the donee expresses his acceptance of the gift.
Article 658 The donor may revoke the gift before the right to donate the property is transferred.
The provisions of the preceding paragraph shall not apply to notarized gift contracts or gift contracts with public welfare nature and moral obligations such as disaster relief, poverty alleviation and disability assistance, which are irrevocable according to law.
Article 1062 The following property acquired by husband and wife during the marriage relationship is the common property of husband and wife and belongs to them:
(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;
(five) other property that should be owned by * * *.
Husband and wife have equal rights to dispose of the same property.