If it is a property purchased by one of the parents after marriage, if the names of both husband and wife are registered on the real estate license, it will be regarded as a gift to both husband and wife and recognized as the joint property of husband and wife. If one party's name is registered in the real estate license, it shall be deemed as a gift to the husband and wife, and it shall be one party's personal property.
1. Parents buy houses for their children in their own names. Legally, the ownership of this house still belongs to parents. Children only have the right to live in the house and have no ownership. If the child is married, the ownership of the house still belongs to the parents, so there is no problem of division of property between the child and the husband and wife in case of divorce.
2. Parents buy a house in the name of their children, and sign an agreement with their children, stipulating that the house will be funded by the parents, the property rights do not belong to the children, and the children can live. China's real estate is registered, so the agreement between parents and children that the ownership of the house is divorced from the actual registration is invalid, because it violates the provisions of the Measures for the Registration of Houses. In other words, the ownership of the house belongs to the children, but according to the agreement, it can be concluded that the creditor's rights relationship between the children and their parents is funded by their parents.
If parents buy a house for their children in the name of their children, then the ownership of the house belongs to the children. According to the law, this is a gift from parents to their children and is protected by law.
4. If the parents only give part of the funds to help their children buy a house, the rest is the children's own loans, part of the loans will be repaid after the children get married, and the part repaid after marriage belongs to the joint property of the children's husband and wife. If the children's husband and wife divorce, they shall be distributed as joint property of the husband and wife.
Legal basis:
According to article 1062 of the Civil Code, the following property acquired by husband and wife during the marriage relationship is the common property of husband and wife and belongs to them jointly:
(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;
(5) Other property that should be jointly owned. Husband and wife have equal rights in dealing with common property.