| In our country,most young couples need to prepare a marriage room when they get married,However,in recent years,with the rising price of house,young people have been unable to afford high housing prices when they first entered the society.But in recent years,with the divorce rate continues to rise,the practice is more faced with the divorce division problem of the parents of both husband and wife who buy houses for their children.Due to the special source of funds,the diversification of types of funds and the complexity of legal relations,the divorce division of such houses has become a difficult problem in judicial practice.When parents make capital contribution,they often don’t make a clear expression of intention,and they don’t sign a written agreement with their children,which makes the ownership of the house division unclear.At the same time,the relevant legislation is not perfect,the interpretation of the legal provisions is also biased,the court appeared a lot of"different judgments in the same case" phenomenon,which not only damaged the interests of the parties,but also damaged the credibility of the judiciary.In view of the fact that the ownership and divorce division of such kind of house will cause great influence on the property rights of them and the balance of the interests of the husband and wife,which will affect the happiness of the family and the construction of a harmonious society,it is necessary to clarify the relevant legal issues,analyze the shortcomings of the current relevant laws,and make some advice to solve such problems in practice.This paper provides reference and ideas.This paper will mainly focus on the following parts to explore:The first part is an characteristics of the problem that parents pay for their children’s house purchase.This paper defines the connotation of investment,and explores the characteristics of investment,such as strong identity attribute,unclear expression and diversity of investment methods.Next,according to different classification standards,this paper classifies the types of investment,and focuses on the analysis of the identification of housing ownership under different types of investment and the existing problems.Finally,the author studies the nature of capital contribution,and puts forward that the author’s own view is to determine according to the actual situation of the case,and it is advisable to presume as gift when there is no clear evidence to identify as loan and joint investment.The second part analyzes the legislation status of parents’ financing for their children in marriage.First,the relevant laws and regulations are sorted out and evaluated and analyzed to understand the existing problems in the judicial application of the current legal norms,including the unclear identification of the nature and connotation of capital contribution,which leads to different judgments in the same case.The recognition standard of registration as the expression of parents’intention is inappropriate,and some provisions violate the legal dimension of marriage The legislative purpose of protecting family stability and harmony.The third part mainly studies the divorce division of the house purchased by parents for their children,explores the principles of equality between men and women,sticking to the contract,and taking care of the weak in the divorce division,and analyzes the current mainstream three ways of divorce division of real estate.The fourth part is about the improvement of parents’ investment in house purchase for their children.We should further improve the relevant legal provisions on this issue;Perfect the connection with the property law and other laws and regulations;Unifies the judicial application standard through the guiding case system;In order to reduce unnecessary disputes in the future,parents should be guided to express their intention clearly when they make contributions;The rule of loss of gift basis is introduced;Clear the ownership of the value-added part of housing and the division of divorce. |
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