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How to identify the house purchased by both parties’ parents?

Time:2016-5-12    647 View
In the first-tier cities with extremely high house price, it is unlikely for only one party’s family to afford a house. So it is common for both parties’ parents to jointly purchase a house for their son and daughter. How to define the contribution of capital by both parties parents in Marriage Law?Is it donation or borrowing&lending? Such an issue arose a widespread attention. Generally speaking, it can be treated by borrowing& lending if there is written IOU or oral agreement which can prove the borrowing& lending relation between parents and children. If not, it shall be deemed as donation of parents to children. The public doubt it that whether the contribution is a donation to one party or both parties? According to Article 22 of Judicial Interpretation of the Supreme People’s Court on Marriage Law (Ⅱ) , the ownership of the contribution is confirmed by the time of contribution. If it is before marriage, it shall regarded as donation of both parties’ parents to each other’s child in principle; If after marriage, it is deemed as the common donation of both parties’ parents to the couple.
The second paragraph of Article 7 of Judicial Interpretation of the Supreme People’s Court on Marriage Law (III) , the house which is purchased by both parties’ parents and registered under one party’s name shall be co-owned by shares based on the contribution of each other’s parents. If registered under both parties’ names, it shall be joint owned by the couple, except as otherwise agreed upon by the parties.