Research About After Married Parents Financed The Property Ownership Problem

Thousands of years of farming culture heritage, so that the Chinese people have a strong love of the land and house, as the embodiment of the sense of belonging, real estate occupied a very important position in marriage and family life. From the beginning of the last century, China’s real estate system of continuous reform, along with economic development, the value of the property is also increasing, the number of real estate but also means that household wealth. Based on the rising prices, more and more young people to bear the heavy responsibility of the purchase of real estate, married parents financed the purchase real estate phenomenon more and more. But now the phenomenon of social tolerance of divorce has led to the divorce rate is rising year by year, so that the real estate purchase in the form of equity situation becomes more complicated, and the diversification of married parents financed the model for married parents financed the purchase of property ownership more and more controversial.Because the law itself is lagging, legislation on the married parents financed the purchase of real estate ownership provisions are to be improved, there are also many different codefendant phenomenon in practice, the theory about married parents financed the purchase system of chattel ownership problem is relatively less, so this paper married parents financed the purchase real estate ownership problem as the research object, according to investment type and the property right registration of different classification, clear married parents buy real right of ownership of property.In this paper, the text is divided into four sections elaborate:The first part is a general overview, introduced Chinese present Conjugal Property System, and relates to the "marriage law" and the judicial interpretation of the provisions of the system were listed, and the system will be married parents to buy real estate situation classification.The second part discusses the rights of ownership after one parents financed the circumstances of the real estate. From the "marriage law" promulgated and implemented since three explained, for the provisions of article seventh paragraph first, social controversy continued, this paper discusses the problem of classification under various conditions of belonging.The third part discusses the marriage both parents jointly funded the real right of ownership of property situation. In real life, this kind of situation is increasing, but apart from the "marriage law" provides one explanation for three cases, the other cases are not related to the law, so this paper put forward its own views on other circumstances.The fourth part is the purchase of real estate ownership problem suggestions for married parents financed, uniform convergence of the relevant provisions of the proposed evaluation, strengthen the "marriage law" and "property law", combined with China’s actual as well as the principle of equality,take care of the woman and children rights and interests principle, puts forward protection measures for the disadvantaged party.