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Parents pay the down payment and the son pays the mortgage. Who owns the house where the son divorced?
Parents invest in buying a house for their children. How should the house be allocated?

Parents contribute to the purchase of houses for their children, and how to allocate houses during divorce has to be analyzed in detail:

The first type: the parents buy the house in full, but the spouse of the child or woman fails to pay, and the name of the child or woman is recorded on the house ownership certificate.

1. If parents buy houses for both parties before their sons or daughters get married, the capital contribution shall be regarded as a personal gift to their sons or daughters, regardless of their spouses after marriage. In this case, the house belongs to the child or the woman's pre-marital property and does not participate in the division of property at the time of divorce.

2. If parents buy houses for both parties before their children or women get married and make it clear that the houses are owned by both children or women and their spouses, it shall be regarded as a gift from parents to both children or women and their spouses. The house belongs to the joint property of husband and wife and participates in the distribution when divorced.

3. If the parents buy a house for both parties after the children or women get married, it shall be regarded as a gift from the parents to the children or women and their spouses. When the children or women divorce, they shall be divided according to the joint property of the husband and wife.

4. If the parents buy a house for both parties after their son or daughter gets married, and the parents expressly give it to the son or daughter, then the house belongs to the son or daughter, not to the husband and wife, and one party does not participate in the division when divorced.

The second type: parents contribute part of it, and the rest is funded by children or women to buy a house. The house ownership certificate is registered in the name of children or women.

It is similar to the above situation, except that the proportion of parents' contribution is not 100%, but a part, which is handled in the above way. The other part funded by the children and their spouses shall be handled in accordance with the agreement. If there is no agreement, the property shall be shared equally by the husband and wife.

The third type: the part funded by parents, the part funded by children or women, and the house ownership certificate is registered in the name of parents.

The ownership of the house belongs to the parents, and the house cannot be divided into husband and wife. The purchase of a house by a husband and wife shall be regarded as the same creditor's right of the husband and wife, and the divorce shall be handled in accordance with the provisions of the Marriage Law and its judicial interpretation on the division of creditor's rights.

The fourth type: the parents pay the down payment, and the rest of the house payment is paid by the child or the woman through the bank loan, and the house ownership certificate is registered in the name of the child or the woman.

Part of the bank loan belongs to the joint debt of husband and wife, which shall be handled in accordance with the Marriage Law and its judicial interpretation on the joint debt of husband and wife.

Parents contribute money to buy a house for their children, which is easy to cause disputes, mainly because the amount, purpose and nature of the contribution are not clear. If the capital contribution is a gift, it is necessary to specify the object of the gift. The agreement should be signed by the children and their spouses, preferably notarized by a notary. When a married child accepts a house funded by his parents, if the capital contribution is a loan, it shall clearly inform the other spouse that the husband and wife are in the same debt, and keep the evidence that one spouse recognizes the capital contribution 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.