Legal information

If parents contribute money to buy a house for their children, who does it belong to? Is it considered a gift?
1. Who owns the house purchased by parents for their children? There are two situations:
(1) If it is purchased with capital before marriage, it is deemed as a personal gift to your child and belongs to the child personally, unless the parents explicitly donate it to both parties;
(2) If it is purchased with capital after marriage, if there is an agreement, it will be treated as agreed; if there is no agreement, it will be treated as joint property of the husband and wife.

How to deal with the house on the homestead during divorce
(1) First of all, according to regulations, when property is divided during divorce, and the division is the house on the homestead, it must be observed that the rural homestead cannot be transferred to urban residents.
(2) Moreover, after the divorce proceedings are filed, the court shall not conduct an auction.
(3) Secondly, the husband and wife can decide the owner of the house through negotiation.

According to the divorce regulations, the divorcing parties can first negotiate to determine the division of the divorced property, determine who will occupy the house, and whether to pay compensation for the house, etc.
(4) If the parties fail to reach an agreement through negotiation, or directly file for divorce, the issue of property division will be handed over to the court, and the court will follow the principle of reasonable division.

The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail. If you want to know more about this, you can have a one-to-one online consultation with a real estate dispute lawyer from Beijing Yingting Law Firm.