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Parents give all their savings to buy a house for their son (marriage drains parents' savings)

Release Time:2022-02-10 Topic:Mass Data Stocks Reading:59 Navigation:Stock Liao information > Emotion > Marriage > Parents give all their savings to buy a house for their son (marriage drains parents' savings) phone-reading
Posted on December 15, 2021 (Author: Shanghai Silver Fund)

 Case 1: Xiao Zhang and her husband divorced in 201. During the marriage renewal, the husband insures him for himself An accident insurance with an insured amount of 1 million yuan, and the beneficiary of the death is Xiao Zhang. The ex-husband remarried last year without changing the deceased beneficiary on the policy. In April this year, my ex-husband died in a car accident. Can Xiao Zhang get insurance claims? The Supreme Court stipulates that if the parties have a dispute over the beneficiary stipulated in the insurance contract, unless the insured and the insured have agreed otherwise in the insurance contract, they shall be dealt with according to the following circumstances: ① The beneficiary agrees to be "legal" or "legal heir ”, the legal heir is the beneficiary according to the Inheritance Law; ② the beneficiary only agrees on the identity relationship, and if the insured and the insured are the same subject, the beneficiary shall be determined according to the identity relationship with the insured at the time of the insured accident; If the insured and the insured are different subjects, the beneficiary shall be determined according to the identity relationship with the insured when the insurance contract is established; ③ The agreement of the beneficiary includes the name and identity relationship. beneficiaries. Conclusion: In case 1, the beneficiary after the divorce is the current wife, not the original spouse. Therefore, the ex-wife cannot get insurance benefits. House gift refers to a civil legal act in which one party (donor) voluntarily gives his own house to another (the recipient) for free, and the other is willing to accept it. Both parties to the house gift shall enter into a written contract. 1. Parents buy a house for their children, who is the property right to? When dealing with the issue of the ownership of the houses purchased by parents for their children in divorce disputes, Articles 17 and 18 of the Marriage Law, Article 7 of the Interpretation of the Marriage Law (3), and Article 22 of the Interpretation of the Marriage Law (2) According to the provisions of laws and judicial interpretations, the final ownership of the house is determined by distinguishing the time when the parents contributed to the purchase of the house, the owner of the house registration, the proportion of the investment in the purchase of the house by the parents, and the method of investment. (1) Full capital contribution by parents 1. Full capital contribution by parents is not registered (1) If one parent’s capital contribution occurs before the marriage of the child, the capital contribution shall be determined in accordance with the provisions of Article 22, paragraph 1, of the Interpretation of the Marriage Law (2) as a gift to one of his children. The child of the donated party can obtain the ownership of the real estate. (2) If a parent's contribution occurs after the child's marriage, the contribution shall be recognized as a gift to both spouses in accordance with Article 22, paragraph 2 of the Interpretation of the Marriage Law (2), unless there is evidence to prove that the parents expressly indicated that the gift was a gift. one child. Correspondingly, the real estate purchased by both children with the jointly donated capital contribution is the property purchased with the joint property of the husband and wife after marriage, and belongs to the joint property of the husband and wife. 2. Registered full capital contribution by parents (1) After marriage, one parent contributes capital to purchase real estate for their married children, and the property rights are registered in the name of their children, which is regarded as a gift only to their own children.

(2) For the real estate purchased by the parents of both parties, if the property right is registered in the name of one of the children, the real estate can be deemed to be jointly owned by both parties according to their respective parents' share of investment, unless otherwise agreed by the parties (2) Partial contribution of parents (often down payment) 1. The situation where the real estate sales contract is signed in the name of the parents and the ownership of the real estate is transferred to the name of the child. (1) If the transfer of the immovable property occurs before the marriage of the child, obviously, the ownership of the immovable property shall belong to the property of the child before marriage. (2) If the transfer of the immovable property takes place after the child is married and the immovable property is registered in the name of the child of the parent who contributed, the provisions of this article can still be applied, and it is regarded as a gift only to one of the children, and the immovable property shall be recognized as the property of one of the spouses. personal property. () If the transfer of the immovable property takes place after the marriage of the child and the immovable property is registered in the name of the spouse other than the child or under the names of both husband and wife, and the loan of the immovable property is repaid with the common property of the husband and wife, the immovable property shall be recognized as the common property of the husband and wife. 2. When a real estate sales contract is signed in the name of a child and the ownership of the real estate is registered in the names of one or both children. (1) asIf the contribution occurs before the child's marriage, the contribution is the pre-marital personal property of the child receiving the contribution. (2) If the capital contribution occurs after the child gets married, the capital contribution shall be recognized as a gift to both husband and wife according to the provisions of Article 22, paragraph 2, of the Interpretation of the Marriage Law. Correspondingly, after marriage, the real estate purchase contract signed in the name of one or both of the children and the real estate purchased with the capital contribution as the down payment shall be regarded as the joint property of the husband and wife regardless of whether it is registered in the names of one or both of the children. ——The First Division of Civil Trial: "The Issue of Ownership of Households Contributed by Parents for Children", edited by Xi Xiaoming and edited by the First Division of Civil Judgment: "Frontiers of Civil Judgment" (Volume 1), People's Court Press, 2014 edition, No. 241 - 244 pages. 2. How to transfer the property when parents donate real estate to their children? 1. Can parents transfer real estate to their minor children? Yes, the law does not prohibit minors from registering as property owners, and it can be done without prohibition. Therefore, minors can be the property owners of houses and can be registered in the real estate book. 2. What is the process for the transfer of house gift? (1) The house giver and the recipient enter into a written contract for the gift of the house, that is, the gift letter. According to regulations, housing gifts must be in writing. (2) Both parties to the house donation shall pay relevant taxes and fees according to the regulations by presenting the house ownership certificate, donation contract and other materials.

( ) for notarization. According to the relevant regulations of the state and this city, notarization procedures are not required for the donation of houses between immediate family members. (4) Go through the registration procedures for the transfer of house ownership. The parties to the house donation shall apply to the real estate transaction center where the house is located to apply for transfer registration. (5) The donor delivers the house to the recipient. The delivery here is subject to the registration of the transfer of property rights. If the property rights transfer registration procedures have not been completed, but a written gift contract has been concluded between the parties, and the donor has handed over the original house property certificate to the donee, the gift shall also be deemed established according to the regulations. .What fees do I need to pay for the transfer of a house as a gift to immediate family members? Personal income tax: not levied Deed tax: the recipient pays, and then transfers the real estate, and the tax is calculated according to the normal house sales. 3. If parents divorce, can they agree to give the house to their minor children? 1. Is it possible to give a common house to minor children in a divorce? Yes, as a minor, although a child does not have full capacity for civil conduct, according to Article 6 of the Opinions on Several Issues Concerning the Implementation of the General Principles of the Civil Law of the People's Republic of China: When accepting rewards, gifts, and remuneration, others shall not claim that the above acts are invalid on the grounds that the actor has no capacity for civil conduct or has limited capacity for civil conduct.” That is to say, the behavior of children accepting gifts is valid, so parents can donate shared real estate as a gift. own children. 2. What kind of divorce method can the couple choose to give the jointly owned property to their children? There are two ways of divorce in our country: divorce by agreement at the Civil Affairs Bureau and divorce by litigation in the court. However, the court generally does not handle the request for the gift of the joint property of the husband and wife to the child, nor will it make such a judgment. The principle of the court's property management is only for the husband and wife. Both parties are properly divided. Therefore, it is best to go to the Civil Affairs Bureau for divorce by agreement between the husband and wife when they agree to donate joint real estate to their children. Both parties may clearly agree on the gift of property in the divorce agreement or sign a separate gift contract as an annex to the divorce agreement. .In the divorce agreement, if the husband and wife agreed to give the property to their children, can one party go back and revoke it? There are two views in practice: the first is that the provisions of Article 186 of the Contract Law on the right of free revocation can be applied before the transfer of ownership; the second is that the gift clause in the divorce agreement is different from the simple gift act. , the provisions of the right of free revocation cannot be applied. The author agrees with the second point of view: (1) The real estate gift clause in the divorce agreement is a whole with the whole divorce agreement, and the right of arbitrary revocation cannot be exercised independently. A divorce agreement is an agreement between the husband and wife on matters involving personal property, such as the dissolution of marriage, division of property, child rearing, and debt commitment. Conditional gift. Not because the right to donate property has not been transferred, the donor

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Label group:[law] [Marriage] [insurance beneficiary] [Gift transfer] [House gift

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