On The Ownership Of Real Estates Purchased By Parental Investment During Marriage

Housing is essential for people’s living. In the minds of Chinese people, housing is not only a place to offer a shelter, but also cultivates family emotion and performs the family functions. In recent years, along with marriage idea changes in China, divorce rate has been increased greatly, and divorce cases involving the issue of the belonging and division of housing have been raised. So, in the judicial practice in our country, dealing with divorce cases relating to the belonging and division of property is significant to protect the lawful rights of both husband and wife.With the national house prices rising in recent years, it is more and more difficult to afford the high house prices for young couples in a short period of time after their marriage just rely on their own income. At this time, based on their parents’ love, they usually buy houses for their children in the range of their funding. Affected by the close personal relationship between parents and children and characteristic of the traditional Chinese family culture, the parents generally do not make clear the property of capital contribution. But once children divorce, husband and wife often dispute on the ownership of the house. In order to solve this problem, Article 7 of Judicial Interpretation Ⅲ on Marriage Law made a relatively clear rules on this issues, and provides important legal application rules and the new solution for the issues about housing property. make such difficult cases in judicial practice to get part of the solution,but there will be a lagging adjustment relative to the marriage mode and the property right registration of capital contribution of various complex way. In parents paid purchase property ownership issues,there exist many problems in practice, such as the nature of the parents pay, if there required number of funding, the understanding of co-ownership If both parents buy the house, and so on. To sum up, the provisions of the marriage law and relevant judicial interpretations are not able to completely solve the problem of judicial practice, resulting in the phenomenon of “like case, different judgments”. So, beginning from the case in judicial practice, combining with academic point of views, the paper analyzes the deficiencies of marriage law and relevant judicial interpretations on the property ownership of the housing purchased by the parents’ contribution after marriage, and puts forward some suggestions to protect the lawful rights of both husband and wife and perfect relevant provisions in China. This article is divided into five parts,The first part is on the issues this paper will be discussed. "Beijing Fengtai plus name case" and "Mr Shi and Mrs Li divorce dispute" will be discussed in this paper, According to "the Article 7 Judicial Interpretation Ⅲ on Marriage Law", the court thus makes the corresponding decision, but in practice, many scholars in the field of theory and practice dispute quite a lot. There is not a Unified standard to identify the ownership of the building property right. So how to identify the housing ownership in such conditions will be the focus in the study of this article.The second part analyzes the basic theory on the housing bought by parents after marriage; including the characteristics of the housing bought buy parents, the types and the nature of the contributions, in order to make readers to get a preliminary understanding by related theoretical issues.The third part analyzes the belonging of the housing purchased by parents after marriage. This part focuses on the ownership of the housing by the contribution of parents of husband or wife and the contribution of the houses bought by parents of both husband and wife, based on Article 7 of Judicial Interpretation Ⅲ on Marriage Law.The fourth part is the proficiencies and perfection suggestion on current provisions. Although the Judicial Interpretation has made specific provisions about the ownership of the housing bought by parents after marriage, facing complex cases in real life, such as nature of the contributions, the diversity of the property right and so on, in the judicial practice, there still exist legal blank and controversies about how to determine the ownership. This part puts forward feasible suggestions about the relevant provisions.