Can my parents pay for their children after buying a house after marriage and divorce?

In the traditional Chinese concept, it is something that parents prepare for their children to prepare their wedding rooms. The house is generally provided by the man. The purpose of the parents is to make the children live better. Because there is a special relationship between the two parties, there is no clear agreement on the nature of the house capital contribution. Once the husband and wife have contradictions or even divorce in the future, how the houses that the houses invested in purchased often have controversy. "Buying a house is for the two of you. Now you divorce, and I have to return the house to the house."

After Jia Mou (male) and Zhang (female) married, Jia Mou's father wrote a building in the name of the two people when he confirmed his right. Jia Mou and Zhang had a child after marriage, but the good times did not last long. The husband and wife caused the emotional breakdown due to various trivial matters in life. In the end, the two parties were divorced and signed a divorce agreement. Raising, there is a building with a total of buildings. Jia Mou's father believed that most of the costs of buying a house decoration were issued by himself, and the divorce of the two should be returned. But Zhang disagreed and thought it should be given. The negotiations between the two parties failed, so Jia's father complained Jia and Zhang to the Huanghua Court, asking for the return cost of more than 14,000 yuan.

After hearing, the court believed that the two defendants were originally husband and wife, and the plaintiff was Jia's father. After the second defendant was registered, the plaintiff as his parents set up a house for him, but did not clearly agreed that the properties of the house had the property, and the plaintiff did not submit the evidence to confirm that the original defendant had relevant agreement on the house capital contribution. According to the "People's Republic of China Code 》 Article 1062 Paragraph 1, paragraph 4, shall be treated, so the house shall be regarded as the plaintiff's gift to the second defendant; It states that the house has a common house and divided the property, and the plaintiff's pursuit of the house purchase fund occurred after the second defendant's divorce, and finally the court's judgment of the property involved in the property as the two defendants, rejected the plaintiff's claim. Jia ’s father did not accept the appeal and was tried by the Cangzhou Intermediate People's Court to reject the appeal and maintain the original sentence.

Judge

In this case, the plaintiff as the parents set up a house for both parties, but did not clearly stipulate the nature of the house, in accordance with Article 1062, paragraph 1 of the Civil Code. Property, the common property of the husband and wife, owned by the husband and wife: (4) inherited or received the property, but Article 1063, paragraph 3 of this law (the will or a gift contract determines the property of only one party to one party Except)

From the perspective of China's realistic national conditions, children have just participated in work and lack financial ability, and they are unable to bear the cost of buying a house alone. Based on their affection for their children, parents often voluntarily invest in their children to buy houses. The purpose of most parents is to solve or improve the living conditions of their children. I hope that the children will have a happier life instead of returning to the contribution in the future. If you want to avoid the above disputes, it is recommended that the fundamental party clearly stipulates the nature of the house capital to avoid unnecessary disputes.

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