A Study On The Problem Of Parents Investing In House Purchases For Their Children After Marriage

In today's society,abnormally high housing price and high divorce rate are objectively common phenomena.When young people get married,they are generally just entering the society and cannot afford the high price of house purchase.Based on family affection and China's long-standing cultural tradition,parents often invest for their children to buy a house after they get married,and most parents generally do not specify the nature of the investment in writing or other forms.When their children divorce,the parents usually request their children and their children's spouse to return the investment section with the reason of debtor creditor relationship,while the children's spouse usually defend with the nature of bestowal.Although there are provisions on this issue from the Judicial Interpretation of Marriage Law(II)to the Judicial Interpretation of Marriage Law(III),and now the Judicial Interpretation of Civil Code of marriage and family chapter(I),the controversy on the nature of parental investment has not stopped in both theoretical and practical circles.Some people think that the Judicial Interpretation has made it clear that the nature of investment is bestowal to both children and children's spouse.Another point of view is that the Judicial Interpretation does not confirm the nature of investment,but stipulates the issue of whether the donation is given to their own children or to both the children and children's spouse.In addition to the legal application factors,the determination of the nature of parental investment also needs to consider China's long-standing traditional culture,current national conditions,and the balance of interests between parents and children,children's spouses and many other factors.Therefore,only by exploring the reasonable identification rules of the nature of parental investment in house purchase for their children after marriage can the unification of judicial judgment be further promoted and the stability,fairness and expectation of the people be better maintained.