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How to define the house which is purchased by one party’s parents?

Time:2016-5-13    608 View
According to the Article 22 of Judicial Interpretation of the Supreme People’s Court on Marriage Law (Ⅱ), the contribution by which the parents purchase the house before marriage shall be deemed as personal donation towards their child, except they clearly express it as donation towards both parties. After marriage, the contribution by which the parents purchase the house shall be regarded as donation towards both parties, except they clearly express it as donation towards one party.
In practice, there is one circumstance: when getting divorce, one party raises the money they use to purchase house is borrowed from parents instead of donation from parents. To this, the court generally will rule: not do substantive review on such credit and debit, but only divide the house involved in the case and inform the parties to file another lawsuit about the credit and debit.
According to the first paragraph of Article 7 of Judicial Interpretation of the Supreme People’s Court on Marriage Law (III), one party’s parents purchase real property which is registered under their child’s name, the property shall only be deemed as donation towards their child and personal property. Parents always put all their savings to purchase a house for their child. It makes sense the parents usually do not agree by written form the house belongs to husband or wife when the affection of the couple is good. Under such circumstance, if the house is identified as common property of the couple when getting divorce, it is inevitably violate the original intention or will of the parents as well as infringe the interests of the parents.Judicial Interpretation (III) takes consider both China’s national conditions and social common sense: connecting registration of title to belongings of house. When it is registered under one party’s name, it shall be regarded as donation to one party and personal property. It conforms to fair principle. But if register under both parties’ names, it is donation to both parties and the house is common property of the couple.