New marriage law of down payment for parents after marriage. Generally, young people don't have much financial ability to buy a house, so many parents will give money to their children for a down payment after their nephews get married, and then let them pay for the house slowly. Let's share the new marriage law of parents buying houses with down payment after marriage.

The new marriage law of down payment by parents after marriage 1 1. How does the Civil Code stipulate that the down payment after marriage belongs to parents?

Parents buy a house after marriage, and the real estate license registered in the name of their children is regarded as a gift to their children and belongs to personal property. However, if one or both spouses repay the loan after marriage, this part belongs to the joint property of husband and wife, and this part belongs to the joint property of husband and wife.

Secondly, when the children after marriage accept their parents' investment in buying a house, if the investment is a loan, they should clearly inform the other spouse that it is the same debt of the husband and wife, and keep the evidence that the spouse recognizes the investment as a loan; If the capital contribution is a gift, both husband and wife can make it clear through the way of marital property agreement.

In short, the money for buying a house is a large sum, so be cautious whether it is a parent-funded loan or an individual-funded loan. If a second person or parents are involved, an agreement or written evidence should be made to avoid unnecessary troubles or disputes in the future and cause greater losses.

Second, how to divide the divorced property of husband and wife?

(1) The property jointly owned by husband and wife should be shared equally. In other words, the husband and wife share property and share it equally in principle; According to the actual needs of production and life and the source of property, the specific treatment methods can also be different. Articles belonging to individuals are generally owned by individuals.

(2) The * * * property managed and used by husband and wife in two places shall be owned by the manager and the user respectively when divided; For the difference, the party with more property shall compensate the other party with property equivalent to the difference.

(3) If the registered marriage has not yet lived together, and the bride price is paid according to the custom, or if the payment before marriage causes difficulties for the payer, you can request the other party to return the bride price at the time of divorce.

(4) If one party cooperates with others with the common property of husband and wife, the property it occupies can be owned by one party, and the party sharing the property should compensate the other party for half of the value of the property it occupies.

(5) If the breeding industry operated by both husband and wife in that year has no income, it should be reasonably divided or discounted considering that it is conducive to the development of production and operation.

(6) Both parties have repaired, renovated, demolished and built a house owned by one party before marriage, and the property rights have not changed at the time of divorce. The diffused part shall belong to the other party's share, and the owner of the house shall compensate the other party at a discount.

(7) Property acquired through marriage, such as short marriage time, or demanding property during divorce, which causes difficulties for the other party. Can be returned as appropriate. If it is difficult to determine the nature of the acquired property, it can be treated as a gift.

(8) Houses shared by husband and wife that are not suitable for separate use should be allocated to one party according to the housing situation of both parties and the principle of caring for and raising children or the innocent party. The party who gets the house should compensate the other party for half the value of the house. Take care of the woman under the same conditions for both parties.

(9) If one party's intellectual property rights have not obtained economic benefits at the time of divorce, the other party should be properly taken care of according to the specific circumstances when dividing the marital property.

(10) If the personal property before marriage is naturally damaged or lost in the married life, if one party claims compensation with the marital property, it will not be supported.

According to the civil code of our country, if the parents pay the down payment after marriage, but the husband and wife repay the loan together, in fact, the woman also has the right to demand the division of the house. As long as in the later life, the two sides jointly lend money for the real estate, and the property right is part of the woman.

Parents pay down payment after marriage. New Marriage Law II. How do parents pay down payment for divorced real estate in the new marriage law?

Situation 1: Parents invest in buying a house before their children get married.

1. If one parent pays the down payment for the house, the house is registered in the name of the investor's children, and the husband and wife jointly repay the loan. When divorcing, the house will generally be awarded to the registrant, and the registrant will continue to pay the remaining loan. For the part repaid by loan during marriage (including principal and interest) and its appreciation, the party who gets the house will compensate the other party.

2. If one parent pays the down payment for the house, the house is registered in the name of the other child, which is generally recognized as the property of husband and wife, not the personal property of the registrant. Non-registrants have the right to demand the division of the house, unless the parents explicitly express the gift to the registrant or both parties have other contrary agreements.

3. If one parent pays the down payment for the house purchase, and the house is registered in the names of both children, it shall be recognized as the common property of both parties. If both parties agree that * * * shall be owned by * * * or by shares, and further agree on their respective shares, they shall enjoy property rights as agreed. If both parties have no agreement on the mode of * * * *, it shall be regarded as equality.

Situation 2: Parents invest in buying a house after their children get married.

1. After one parent partially contributes (or pays the down payment), both parties * * * repay, and the house belongs to the name of the investor's children (or the names of both children). The house should be regarded as the common property of husband and wife, and the capital contribution of parents should be regarded as a gift to both parties, unless the parents clearly indicate that it is a gift to one party. When divorce is divided, parents' children can contribute more.

2. Both parents contribute, the house belongs to both parties, and the house belongs to the joint property of husband and wife.

That is to say, parents pay a down payment to buy a house for their children. If they buy it before marriage and write the child's name, then the house is her own, and the other party gets the loan repayment and compensation for the value-added part; But if you buy it after marriage, it means that the husband and wife have the same property, unless your parents specify who to give it to when you buy it, then the situation is different.

Parents pay down payment after marriage. New Marriage Law 3 The definition of property after marriage in the new marriage law.

I. On the disposal of real estate:

Property after marriage: The house purchased by one parent after marriage is personal property.

"Judicial Interpretation of Marriage Law (III)" stipulates that the property purchased by parents for their children after marriage, if the property right is registered in the name of the investor's children, is regarded as a gift to only one of their children, and the property should be recognized as the personal property of the husband and wife.

If the property right of the property purchased by both parents is registered in the name of one child, the property shall be recognized as shared by both parties according to their respective parents' share of capital contribution, unless otherwise agreed by the parties.

When one party's down payment is divorced from the mortgage, it shall be handled according to the agreement.

One of the husband and wife signed a real estate sales contract before marriage, paid the down payment with personal property and borrowed money from the bank. After marriage, the husband and wife repay the loan with the same property, and the property is registered in the name of the down payment person. At the time of divorce, the property is handled by mutual agreement.

If no agreement can be reached, the people's court may decide that the real estate belongs to the party registering the property right, and the unpaid loan is the personal debt of the party registering the property right. When both parties get married, the amount paid to repay the loan and the corresponding value-added part shall be compensated by the property registration party to the other party.

If one party sells the house without authorization, causing losses, it shall make compensation at the time of divorce.

If one party sells the house jointly owned by husband and wife without the consent of the other party, the third party buys it in good faith, pays a reasonable consideration and goes through the formalities of property right registration, and the other party claims to take back the house, the people's court will not support it. If one spouse disposes of part of the house without authorization, causing property losses to the other spouse, and the other spouse requests compensation for the losses during divorce, the people's court shall support it.

Second, about the division of property:

Marital property: the marital income of one party's property

It is generally recognized that there is a marriage relationship between * * *, and both parties purchase a house in the name of one parent with the contribution of husband and wife * * *, and the property right is registered in the name of one parent. If the other party claims to divide the property according to the husband and wife, the people's court will not support it.

During the marriage relationship, the people's court will not support the request of one spouse to divide the same property, except for the following major reasons that do not harm the interests of creditors: one spouse conceals, transfers, sells, damages or squanders the same property or imitates the debts of the husband and wife, which seriously harms the interests of the husband and wife; The person who has the legal obligation to support needs medical treatment due to serious illness, and the other party does not agree to pay the relevant medical expenses.

In addition, the income generated by one spouse's personal property after marriage, except fruits and natural appreciation, should be recognized as the joint property of husband and wife.

Three, the new marriage law on the latest provisions of the property after marriage:

The new "Marriage Law" stipulates: "The pre-marital property acquired by one spouse belongs to himself, and it will not be converted into the joint property of husband and wife unless agreed in writing."

In the judicial interpretation of the new marriage law, the problem of real estate is further explained. "Nineteenth houses are rented by one party before marriage and purchased with * * * property after marriage. If the house ownership certificate is registered in the name of one party, it shall be deemed that the husband and wife have * * * property.