When dealing with the ownership of the house purchased by parents for their children in divorce disputes, we should distinguish the time when parents invest in the house purchasing, the owner of the house registration, the proportion of parents'investments in the house purchasing and the way of investing according to the provisions of laws and judicial interpretations such as Article 17 and 18 of the Marriage Law Interpretation (3), Article 22 of the Marriage Law Interpretation (2), etc. And other factors determine the ultimate ownership of the house.
(1) If a parent's contribution occurs before the marriage of his or her children, the contribution shall be recognized as a gift from one of his or her children in accordance with Article 22, paragraph 1, of the Interpretation of the Marriage Law (2). The children of the donated party can acquire the ownership of the real estate, which is the conversion of the creditor's rights.
(2) If a parent's contribution occurs after the marriage of his or her children, it shall be recognized as a gift to both spouses in accordance with Article 22, paragraph 2, of the Interpretation of the Marriage Law (II), unless there is evidence that the parent expressly expresses his or her gift to one of the children. Correspondingly, the real property purchased by both children with the joint donation is the property purchased by husband and wife after marriage, and belongs to the joint property of husband and wife.
2. Parents have registered for wholly-owned investment
(1) After marriage, one parent invests in the purchase of real estate for his married children, and the property right is registered under the name of his or her children as a gift only to one of his or her children.
(2) Where the property rights of a real estate purchased by the parents of both parties are registered in the name of one of their children, the real estate may be recognized as being shared by both parties according to their respective parents'share of the investment, unless otherwise agreed by the parties.
(2) Parents'partial contribution (often down payment)
1. The case of signing a real estate sale contract in the name of the parents themselves and transferring the ownership of the real estate to the name of the child.
(1) If the transfer of the real estate occurs before the marriage of the children, it is obvious that the ownership of the real estate should belong to the children's premarital property.
(2) If the transfer of the real estate takes place after the marriage of the child and the real estate is registered under the name of the child of the investing parent, the provisions of this article can still be applied. It is regarded as a gift only to one of its children, and the real estate shall be recognized as the personal property of one of the spouses.
(3) If the transfer of the real estate occurs after the marriage of the children and the real estate is registered in the name of one of the non-children or both spouses, and the loan of the real estate is repaid with the joint property of the husband and wife, the real estate shall be recognized as the joint property of both spouses.
2. The case of signing a real estate sale contract in the name of a child and registering the ownership of the real estate in the name of one or both children.
(1) If the contribution occurs before the marriage of the child, the contribution belongs to the premarital personal property of the child who receives the contribution.
(2) If the contribution occurs after the marriage of the child, it shall be recognized as a gift to both husband and wife according to the interpretation of the Marriage Law (2) Article 22, paragraph 2. Accordingly, the real estate purchased after marriage in the name of one or both of the children and with the investment as the down payment shall be regarded as the joint property of the husband and wife, whether registered in the name of one or both of the children.
—— The First Court of Civil Trial of the Supreme People's Court: The Ownership of Parents'Investing in the Purchase of Property for Their Children, edited by Xi Xiaoming and the First Court of Civil Trial of the Supreme People's Court, Frontier of Civil Trial (Volume I), People's Court Publishing House, 2014 edition, PP. 241-244.
2. How do parents transfer property when they give it to their children?
1. Can parents transfer property to minor children?
Yes, the law does not prohibit minors from being registered as property owners, and the law does not prohibit minors from being registered as property owners of houses. Therefore, minors can be registered in real estate books as property owners.
2. What is the transfer process of housing donation?
(1) The house donator concludes a written contract with the donee for the house donation, i.e. the book of gift. According to the regulations, the house gift must be in written form.
(2) The two parties to the house donation shall pay the relevant taxes and fees in accordance with the regulations on the basis of the materials such as the house ownership certificate and the gift contract.
(3) Notarization. According to the relevant provisions of the state and the city, notarization procedures are not necessary for housing donations between immediate relatives.
(4) Handling the registration procedures for the transfer of housing ownership. Housing donation parties apply for transfer registration at the real estate trading center where the house is located.
(5) The donator delivers the house to the donee. The delivery here is subject to the registration of the transfer of housing property rights. If a written gift contract has been concluded between the parties and the donator has handed over the original housing property certificate to the donee, the donation shall also be established in accordance with the provisions of the Supreme People's Court.
3. What fees should be paid for the transfer of gifts from immediate relatives?
Individual Income Tax: No Collection
Deed tax: the donee pays, transfers the real estate, and calculates the tax according to the normal purchase and sale of the house.
3. When parents divorce, can they agree to give the house to the minor children?
1. Can a divorce grant a common house to a minor child?
Yes, children as minors, although not fully capable of civil conduct, but according to the Supreme People's Court on the implementation of the Chinese people