Determination of the Nature of the Contribution Made by the Parents to the Purchase of a House for Their Children after Marriage

DOI: https://doi.org/10.62517/jel.202414208

Author(s)

Xiaodan Ye*

Affiliation(s)

School of Law, Guangdong University of Finance and Economics, Guangzhou, Guangdong, China *Corresponding Author.

Abstract

Due to the high housing prices in China, it is common for parents to contribute to the purchase of houses for their children. However, if the couple's relationship changes after the marriage, disputes may arise regarding the ownership of the house purchased with the parents' capital. This can cause many difficulties in judicial practice. This paper examines the legal disputes surrounding the purchase of a house funded by parents after marriage and analyzes relevant legal provisions before and after the implementation of the Civil Code, summarizes the current legal recognition standard and its trend, and evaluates the strengths and weaknesses of each judgement. The determination of the nature of the purchase of a house financed by the parents after marriage shall be in accordance with the provisions of the existing laws, and in judicial practice, the determination of the purchase of a house financed by the parents after marriage shall be made with caution, shall not be “one-size-fits-all”, and shall be aimed at balancing the interests of all parties to the fullest extent possible, so as to ensure that fairness and justice are ensured.

Keywords

Parental Contribution to the Purchase of a House; Matrimonial Community Property Regime; Lending Relationship; Gift Relationship

References

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