The Discussion On The Ownership Of The Housing Property By Their Parents In Marriage In Divorce Proceedings

With house prices ascending,so many young people cannot afford purchasing a house independently. The appearance that parents help their children buy house after matrimony is becoming more and more universal. This sort of houses is much more difficult to divide in the adjudicative practice due to the diversity source of funds and the complicated of legal relationship. Owing to a lack of clear clause as well as to the different explaination of the relevant stipulation of The Marriage Law and its judicial interpretation, different courts which makes the same case have variant results frequently. Therefore, it’s necessary to solve the problems about the property debate and improve the relevant law.This essay takes this appearance as the study object to analysis the property of the houses by parents after matrimony. This thesis interpret the definition and the characteristic of the houses by parents.It discusses the ownership of the housing property and value-added part. At the same time,it analysis the shortcomings of the legal provisions of the houses by parents and put forward the suggestion of perfecting. The thesis use the inductive method, analytic method of the specific law,study method of the individual case and literature research method to research the problems. This article has four parts besides introduction and conclusion.The first part is the theoretical analysis of the houses by parents after marriage.It interpret the concept and characteristics and content of each types.I bring about the focus of conflict.The second part is the cognizance of the ownership of the housing property and value-added part by parents.I want to further qualitative the housing value-added part and the ownership of this kind of house with the related case.The third part puts forward the shortcomings of the legal provisions of the ownership of the housing property and value-added part.The fourth part is the last part. According to the lack of the provisions of the law, I put forward some legal opinion on the ownership of the housing property and value-added part.