Chew Old home purchase divorce easy into Shing property justice or a double-edged sword

When the feelings of husband and wife come to an end, the problem of property division is often the most concerned. As house prices soar, property is increasingly the focus of division of property when couples divorce. Also because of the constant growth of house prices, the financing of real estate is increasingly complicated-"parents out of all the money for unmarried children to buy", "parents informer pay the couple also mortgage", "parents in the child after marriage for their house" ...　　As a result, disputes arising from the unclear ownership relationship are also increasing.　　How can these problems be solved in judicial practice?　　Situation 1--parents in the child before marriage for their wholly-owned housing divorce how to score? Case: Wang Gang and Xiao Li 2007 through the introduction of acquaintances, after the establishment of love relations.　　When two people were about to marry, Wang Gang's father bought a property for his son to marry.　　2009 Two people divorced, because the property division controversy.　　Wang Gang think the house is a gift to his father, Xiao Li did not have a penny, the house and Xiao Li does not matter; But Xiao Li thinks, since father-in-law originally bought a house is for two people to marry, this House is taken for granted as husband and wife common property, she also should have half of property rights.　　The two people to the court, the court after hearing that the house belongs to Wang Gang's personal property before marriage, to Wang gang a person all.　　The situation 2--married parents to buy a young couple can equally? Case: Zhangjing and Lijia June 23, 2004 registered marriage.　　2006 Young couple fancy a property in Daxing District, Beijing, Zhangjing father Zhang Dayuan is a company's chairman, economic strength is quite strong, he out of the whole paragraph for young couple bought this suite. In the 2008, Zhangjing and Lijia became ambivalent about Trifles.　　Zhang Dayuan worried that once the son and daughter-in-law divorced, daughter-in-law will take away half of the value of the property. In August 2009, Zhang Dayuan the son and daughter-in-law to court, let two people repay the original buy house 800,000 yuan. Zhang Dayuan said, that 800,000 yuan is lent to the young couple, and also in the court showed Zhangjing to himself dozen IOU.　　In the trial, Zhangjing fully admit the father of the lawsuit request, said will try to return money, but Lijia said, at that time, father-in-law is voluntarily funded to buy a couple of house, not borrow is a gift, and the husband played iou things themselves never know, don't agree to return money. The court after hearing that, Zhang Dayuan and Zhangjing is a father-son relationship, Zhangjing to Zhang Dayuan issued IOUs, not Lijia signature Confirmation, this paragraph can not be identified as husband and wife common debt, Zhang Dayuan is in the son after marriage for young couple purchase housing capital, the contribution should be identified as a gift to both spouses.　　Accordingly, the court dismissed Zhang Dayuan's claim.　　Situation 3--parents down payment who should be more points? Case: 2006, love two years of Chanling and Biopo began preparations for the wedding, two people ready to buy a value of 1.2 million yuan of property, Biopo father for his son to buy a house out of 200,000 yuan. After the house decoration, young couple stay, and together with the mortgage. After three years of marriage, Chanling and Biopo to court requests for emotional discord.Divorce。 Because the property card is written on the name of two people, Chanling asked to separate the half of the house. But Biopo that the down payment of the house was his father's, and after marriage he undertook most of the mortgage, the house can not be divided. In the course of the case, the two people agreed that the house is now worth 1.4 million yuan. The Court considered that the 200,000 heads of Biopo's father paid the Biopo personal property, deducted the remaining loans and interest of 200,000 yuan, and the remaining 1 million were identified as common property.　　The court finally decided to Biopo all the property and repay the remaining loans, Biopo pay the Chanling house discount payment of 500,000 yuan.　　Judge--as house prices continue to climb, many young people facing a married family can only rely on their parents to "buy a house", which also brings a series of legal problems. Interpretation of several issues concerning the application of the marriage law of the People's Republic of China (ii) Article 22nd on the parents ' contribution to the purchase of the children of the situation made a clear provision: "Before the parties to marry, parents for both parties to purchase housing contributions, the contribution should be identified as a personal gift to their children But parents expressly express the exception to both parties. After the marriage of the parties, the parents for the two parties to purchase housing contributions, the contribution should be identified as a gift to both spouses, but the parents expressly stated that the gift of the party except.　　"This judicial interpretation not only follows the good customs, but also protects the legitimate rights and interests of the investors, and establishes a reasonable rule for the property of the parents to buy the house." In addition, "parents pay down payment, young couple also loans," is now a lot of youth married to buy the popular practice, but today's young people "flash" as usual, which undoubtedly let parents worry, once the marriage is in urgent, their accumulated "hard-earned money" is returned to "outsiders." According to the provisions of the 22nd of the above interpretation, the parents out of the down payment according to the time of donation to determine the gift of the object, that is, the gift of marriage as a gift to the children, the gift of marriage as a gift to both spouses. The rest of the value of the property after deducting the loan as the husband and wife common property division.　　The court generally gives the house to one party depending on the circumstances, and the party receiving the house pays the other's house discount. The judge suggests that property has a "stake" in the parent, and that the title problem becomes a bit of a hassle. In spite of the relevant provisions of the law, but if you want to avoid disputes, it is best to do a property notarization. However, the Premarital property notarization is a double-edged sword of marriage life. On the one hand, it can protect the personal property of both spouses, reduce unnecessary disputes, on the other hand, may also make some people psychologically not easy to accept, bring a shadow to the marital life. So whether parents or couples, in order to future well-being of family life must be prudent to do property notarization, to avoid causing "the solution of the distant worry has added a close sorrow." (Chow)