Current location - Loan Platform Complete Network - Loan intermediary - Parents pay a down payment to buy a house, and the house loan after marriage is also paid by parents. Is this common property?
Parents pay a down payment to buy a house, and the house loan after marriage is also paid by parents. Is this common property?
First, before the parties get married, if the parents contribute to the purchase of houses for both parties, the contribution shall be regarded as a personal gift to their children, unless the parents explicitly express that it is a gift to both parties. After the parties get married, if the parents contribute to the purchase of houses for both parties, the contribution shall be deemed as a gift to both husband and wife, unless the parents explicitly express that the gift is given to one party. Therefore, for your parents' down payment, you can leave proof in the following ways: 1, and sign the relevant written agreement. 2. Keep the payment voucher, do not pay cash, and it is well documented. If parents remit money to pay the house price through the bank account, they can print the bank payment list. As long as the person in the bank account comes to the bank counter with an ID card and asks to print the daily account of a certain month and day, the bank can print it out. This running bill has a business seal stamped by the bank, which can be used as a payment voucher for parents to invest in buying a house. If the down payment is cash, then the receipt is proof, and of course it can also be notarized at the notary office.

Second, the legal basis: "the Supreme People's Court on the application of

Three. Article 49 of the Civil Procedure Law: 1. The parties have the right to entrust an agent, apply for withdrawal, collect and provide evidence, argue, request mediation, file an appeal and apply for enforcement. The parties may consult the relevant materials of this case and copy the relevant materials and legal documents of this case. The scope and methods of consulting and copying relevant materials in this case shall be stipulated by the Supreme People's Court. The parties must exercise their litigation rights in accordance with the law, abide by the litigation order, and perform legally effective judgments, rulings and conciliation statements. 2. Article 63 Types of evidence. Evidence includes: statements of the parties; Written evidence; Physical evidence; Audio-visual materials; Electronic data; Witness testimony; Appraisal opinions; Interrogation record. Evidence must be verified before it can be used as a basis for ascertaining facts. If the name of one party is registered on the real estate license, and the parents have a written agreement in advance to give you the house, then the property rights of the house mean that you have obtained personal property after marriage. As a property given only to one of its children, it should be recognized as the personal property of one of the spouses.

4. Article 1062 of the Civil Code stipulates that the following property acquired by husband and wife during the marriage relationship is the common property of husband and wife: salary, bonus and labor remuneration; Income from production, operation and investment; Intellectual property income; Inherited or donated property, except as provided for in Item 3 of Article 1063 of this Law; Other property that should be jointly owned. Husband and wife have equal rights to dispose of common property.