After the Marriage, does the Property Donated by the Parents of the Spouse Belong to Couple's Jointly-Owned Property?

2020/1/8

Wang and Sa are university classmates and work in Beijing after graduation. After they got married in 2005, Wang's father used his savings to buy a total of more than 2 million houses in Beijing. In 2008, the couple decided to divorce. Sa agreed to a divorce and proposed to divide the couple's jointly-owned property, including a house bought by more than 2 million. In this regard, Wang Xin firmly opposed, thinking that the house was bought by his father before marriage, and the property certificate only had his own name, which was not the couple's jointly-owned property. Does this house belong to the couple's jointly-owned property? 

According to Article 22 (2) of the Interpretation of the Marriage Law (2) and Article 8 of the Interpretation of the Marriage Law (3), cases where parents buy a house for their children are generally considered in combination with the investment situation and the registration of property rights. In general, if a parent buys a house for their children after marriage, unless it is explicitly given to one spouse or will be registered in the name of one spouse, it is generally the couple's jointly-owned property.

First, the house bought by Wang's father was purchased after marriage, with the purpose of living together after the marriage; second, the couple did not have a pre-marital agreement to divide the property, nor did they explicitly stipulate that the house should be given to Wang alone; third, the house purchased by Wang's father was registered under Wang's name. Then according to Article 8 of the Interpretation of the Marriage Law (3), this more than 2 million house belongs to Wang's personal property, not the couple's jointly-owned property. If the couple divorce, Sa has no right to request that the property be split.

The division of property is an important issue, and the real estate has become the core issue for couples after divorce because of its large value. As lawyers, we would like to remind everyone that the house parents gave after the marriage is generally the couple's jointly-owned property, but if the parent agrees to donate to one spouse beforehand, or only the names of one spouse are registered in the property right registration, the house is owned by the individual, not the couple's jointly-owned property. In practice, the court will consider the situation of capital investment and property rights registration. When you get married, please be careful when you dispose of the property purchased by your parents, so as to avoid unnecessary financial losses caused by the breakdown of the marriage.