Parents' names written when buying a house after marriage are not the same property of husband and wife.
The principle of registration is house ownership. The registrant of the real estate license is the owner of the house. When a couple buys a house after marriage and writes their parents' names, the house belongs to the house legally owned by their parents, and the property right has nothing to do with the couple.
According to the provisions of the Marriage Law of the People's Republic of China, article 17 The following property acquired by husband and wife during the marriage relationship shall be jointly owned by the husband and wife:
(1) Wages and bonuses;
(2) Income from production and operation;
(3) Income from intellectual property rights;
(4) Inherited or donated property, except as provided for in Item 3 of Article 18 of this Law;
(five) other property that should be owned by * * *. Husband and wife have equal rights to dispose of all property.
Eighteenth in any of the following circumstances, it is the property of one of the spouses:
(1) one party's premarital property;
(2) Medical expenses, living allowance for the disabled, etc. Obtained by one party due to physical injury;
(3) Property determined to belong only to the husband or wife in the will or gift contract;
(4) Daily necessities used exclusively by one party;
(five) other property that should be owned by one party.
Article 19 A husband and wife may agree that the property acquired during the marriage relationship and the pre-marital property shall be owned by themselves, in whole or in part or in part. The agreement shall be in writing.
Where there is no agreement or the agreement is unclear, the provisions of Articles 17 and 18 of this Law shall apply. The agreement between husband and wife on the property acquired during the marriage relationship and the property before marriage is binding on both parties.
Extended data:
Principle of divorce property division:
1, adhere to the principle that rights cannot be abused.
When a husband and wife divorce and divide the same property, they shall not divide the property owned by the state, the collective and others as the same property, and shall not harm the legitimate interests of others in the name of dividing the same property.
We must adhere to the principle of equality between husband and wife.
When dividing the same property, both parties shall enjoy equal rights, and shall not divide the property less or less because of one party's low economic income.
3. Adhere to the principle of taking care of the interests of children and women.
At present, there is still a certain gap between women's economic conditions and men's in China. Most of them give up their career development because women have children to take care of their families. In the division of property, due consideration should be given to the interests of women and children, and more property should be given to the party raising minor children.
4, adhere to the principle of beneficial life and convenient life.
When divorce is divided, the utility, performance and economic value of the same property shall not be damaged. When dividing the means of production in the same property, it should be allocated to the party that needs the means of production and can better play the role of the means of production.
When dividing * * * from the living materials in the property, we should try our best to meet the needs of individuals engaged in professional or professional work, so as to give full play to the use value of the property. The indispensable items shall be owned by one party according to the principle of actual needs and beneficial use, and the co-owners shall compensate the other party according to the principle of fairness and the actual value at the time of divorce.
5. Adhere to the principle of taking care of the innocent party.
If one party commits bigamy, the spouse cohabites with others, commits domestic violence, maltreats or abandons family members, it is regarded as the fault party, and the innocent party has the right to claim damages. But making mistakes doesn't mean you need to "go out clean".
6. Adhere to the principle of fairness.
At the time of divorce, the economic interests of both husband and wife should be liquidated, such as the contribution of both husband and wife to housework and raising children, the decline of one's living standard after divorce, and the proper placement of divorced housing.
7. Adhere to the principle of respecting the wishes of the parties and property agreements taking precedence over the law.
Citizens have the right to dispose of their own property and can deal with the property problems of both parties in various forms.
8. If the property owned by one spouse is consumed, damaged or lost in the life of * * *, the other spouse will not make compensation.
This is a summary of judicial practice experience, which conforms to the nature of husband-wife relationship and the requirements of married life and is conducive to avoiding unnecessary.