| Chinese often say “live”, as the name suggests,housing is the foundation. Homes in occupied an important position in people’s minds. Because of high prices, housing is the most important property of the family. 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. They want to make the value of the property to play better and earlier. At the same time, China’s divorce rate in recent years has increased year by year. For most families, the division of property is the greatest concern. Housing titling and segmentation problem became the focus of divorce proceedings.With the progress and development of society, the matrimonial property system maturing. People for the concept of property relations between husband and wife bundled gradually fade. Independent property, the fair value of the pursuit of equality gradually strengthen. In this backdrop, the introduction of relevant judicial interpretations did the adjustment of property relations in the field of marriage and family. However, no detailed provisions for married parents financed the purchase of housing ownership identification and segmentation problem. Due to the different interpretations of the provisions of the content, different court has different connection, which makes the same problem occurs different situation frequently. The issues related to the convergence between the Marriage Act and the applicable law and property rights.To buy a house with parents after marriage is contributive to the ownership of the research and segmentation problem, about the common problems in processing, can let each of the parties in each case can realize substantial justice; about how to guide social parties to correctly treat this common phenomenon; about how to adjust accord with China’s national conditions, suitable for the social status of marital property relations in marriage and family; about the stability of family relationships and harmony of social relationships, so with a strong research value and research significance.Based on the above background, the married parents financed the purchase of housing ownership and segmentation research has a strong practical significance. This paper attempts to correctly understand the meaning of parents financing the purchase for their children after marriage, combined with its characteristics and theoretical background, based on the matrimonial property system in our country, according to investors in the form of parents and different property registration, to do some analysis of different types. Combined with the judicial practice case, to draw the appropriate conclusions.I hope summarize the related question to resolve the problem so that I can offer some advice to the judicial practice.This paper is divided into six parts:The first part is an introduction, to raise the main issues, explain the significance and value of the paper, describe the structure of the article.The second part is the first chapter of this article. Through the correct understanding of the meaning of marriage parents financed the purchase, understanding the main features and ethical basis. Classifying the property type.The third part is the second chapter of this article. To analyzing exist legislation, to sum up the main issues. Depending on the funding and building ownership registration forms, combined with the problems in the judicial practice, to sum up the housing ownership.The fourth part is the third chapter of this article. On the basis of the existing segmentation and segmentation method based on the principle, referring to the relevant factors, to discuss specific segmentation.The fifth part is the final chapter of this article. According to the problems that put forward above, to raise some own suggestion.The sixth part is the conclusion, summarized by the above discussion, reflection insufficient, hoping to lay the foundation for the future to explore this issue in more depth. |
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