Re: husband and wife divorced child name property indivisible

The court holds that when a couple divorces, one party shall dispose of the property to the children by the marriage relationship, and should be considered as a whole with the divorce agreement. The agreement reached should be regarded as a part of the two parties in the process of dissolution of the whole marriage, which is legally binding and should not be separated. In this case, the woman and the man agree to divorce on the premise of comprehensive consideration of various factors. The gift of the woman should be regarded as a gift for the giver to dissolve the marriage relationship. In the case of the dissolution of the marriage relationship, it should be considered that the purpose of the donation has been realized. Based on the principle of good faith, no donation should be allowed to be revoked. Therefore, the court does not support the request of the woman to cancel the donation.

"borrowing name" is difficult to set up

real estate registration as the main basis of

according to the third central hospital. From January 2014 to April 2018, the main sources of minors' real property in the cases involving minors in real property disputes in Beijing courts are: parents are directly under the name of minor children. Buy a house, accounting for 62.1%. Many minors get ownership of housing through accepting grants, inheritance or demolition benefits distribution.

in all kinds of dispute cases, when parents divorce, they agree to give real property to their children. One side of the husband and wife revoke the gift of revocation; or previously registered in the real estate of the children, the other party advocates a gift when the divorce is divorced, the other party maintains the name of the child for special reasons, and the joint property of the real estate should be given to the husband and wife. Segmentation is the most common problem in practice.

this, Ma Lihong, President of the two tribunals of the third central courtyard, said that the establishment, change, transfer and elimination of real property right are valid according to the law, according to the provisions of the law of real right. The certificate of real estate ownership is the proof of the real property rights enjoyed by the obligee. Therefore, the husband and wife will purchase real estate with the joint property to buy the real property under the name of the minors. In principle, the court should judge the real property registration as the main basis. At the same time, the court should examine the related materials such as the purchase procedures and other related materials, and determine that the act is a gift to the minor children.

in judicial practice, considering the harm caused by husband and wife divorce and family split to minor children, from the principle of the maximization of the interests of the children, the rights of the parents to be remorse or revoked should be restricted, otherwise the child may cause two injuries. " Ma Lihong said.