If, for other reasons, both husband and wife pay the full amount to buy a house after marriage and register it in the name of their daughter-in-law, and there is no other evidence to prove that the mother clearly indicates that the house is a gift to her son, the house shall be regarded as a gift from husband and wife and belong to the joint property of husband and wife. In the case of divorce, the court will make a judgment according to the specific circumstances of the property and in line with the principle of taking care of the rights and interests of the children, the woman and the innocent party. For example, the husband and mother made it clear that the house was only given to one son, but only the down payment was paid. When divorced, the house was awarded to the husband, but after marriage, the husband needed to pay the wife the corresponding house discount as compensation.

Content reference

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 both husband and wife:

(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.

Article 1063 of the Civil Code: The following property is the personal property of one spouse:

(1) one party's premarital property;

(2) Compensation or compensation obtained by one party for personal injury;

(3) Property that is determined to belong to only one party in the will or gift contract;

(4) Daily necessities used exclusively by one party;

(five) other property that should be owned by one party.

The Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (III) Article 7: If the property right of the property purchased by one spouse for their children after marriage is registered in the name of the investor's children, it can be considered as a gift to only one of their children according to the provisions of Article 18 (III) of the Marriage Law, and the property should be considered as the personal property of the husband and wife.

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

The Supreme People's Court's explanation on the application of marriage and family series (I)

Twenty-ninth before the parties get married, if both parents contribute to the purchase of a house, the contribution shall be regarded as a personal gift to their children, unless the parents explicitly indicate that it is a gift to both parties.

After the parties get married, if the parents contribute money to buy houses for both parties, it shall be handled in accordance with the agreement; If there is no agreement or the agreement is unclear, it shall be handled in accordance with the principle stipulated in Item 4, Paragraph 1, Article 1062 of the Civil Code.