Married Parents Financed The Purchase Of Housing Ownership Identification And Segmentation

As an important property of the family, house is bearing the family’s happiness. It has always been valued by Chinese people. With house prices rising, more and more young people cannot afford buying a house independently. The phenomenon that parents help their children buy house after marriage is becoming more and more common. However, along with the rising divorce rate year by year, this kind of houses is much more difficult to segment in the judicial practice because of its particularity, the complicated source of funds and the diversity of design law. Due to a lack of clear stipulation as well as to the different interpretation of the relevant provisions such as paragraph7of "the three judicial interpretation of the Marriage Law", different court has different connection, which makes the same problem occurs different situation frequently. On the other hand, neither legislation nor theory analysis the recognition and segmentation of the house by parents after marriage, especially at the sight of the civil law.In view of this, this article will take this phenomenon as the research object to analysis the ownership of the recognition and segmentation of the houses by parents after marriage. I hope summarize the related question to resolve the problem so that I can offer some advices to the judicial practice. This article has six parts.The first part is an introduction, mainly about research background, research status and research value so that the readers have a general understanding of this problem.The second part is the first chapter, the outline. Through analysis of concept, characteristics and ethical of the phenomenon that parents help their children buy house after marriage, I want to clarify the particularity of this phenomenon. Through a brief analysis of each type, I want to draw the focus of conflict in order to elicit the below content.The third part is the second chapter, how to identify the ownership of this kind of houses. By writing the first chapter, I summarize three basic principles and want to further qualitative the ownership of this kind of house as well as the value-added part with the combination of related cases and foreign legislation.The fourth part is the third chapter, the divorce segmentation of this kind of house. This part summarizes the existing segmentation principles and methods as well as several considerations by combine foreign legislation and national laws. In addition, through the collection and collation of judicial cases, I want to discuss two kinds of difficulties in divorce segmentation, one is the treatment of situation when parents request to return their fund, the other is segmentation of the house in depreciating.The fifth part is the fourth chapter, some proposal to solve this problem. Through the above writing, I put forward six superficial recommendations, including the perfection of paragraph7of "the three judicial interpretation of the Marriage Law". I hope these can be beneficial for legislation and judicial practice.The sixth part is the conclusion, summarize the article and reflect shortage in order to discuss this issue more depth in the future.