After marriage, one parent buys a car for their children in full, how to avoid becoming the joint property of husband and wife? Detailed explanation of the gift process, thank you.

Parents only need to sign a gift contract with their children to make it clear that the car will only be given to one of them. In this case, the vehicle belongs to the investor's children's personal property, not the husband and wife's property.

According to item 3 of article 18 of the Marriage Law, as long as the property that is only given to the husband or wife is determined in the gift contract, the gift property is the personal property of the donee, not the joint property of the husband and wife. Therefore, parents and children should sign a gift contract, in which it is determined that the vehicle is only given to children.

According to Article 7 of Interpretation III of Marriage Law, if the property right of the property purchased by one parent for their children after marriage is registered in the name of the investor's children, according to Article 18, paragraph 3 of the new Marriage Law, it can be considered as a gift to only one of their children, and the property should be considered as the personal property of the husband and wife.

Judicial Interpretation of the New Marriage Law III Correct Trial of Marriage and Family Disputes

If the property right of the house purchased by both parents is registered in the name of a child, the house can be regarded as shared by both parties according to their respective parents' share of capital contribution, unless otherwise agreed by the parties.

Of course, the other party of the husband or wife who accepts the gift should sign the gift contract, and the identity of his signature can be a witness, so that the purpose of his signature is to prove that he knows all the contents of the gift, so as to prevent unnecessary disputes that may arise in the future.

Extended data:

The marital property system in China is that * * * owns * * ownership. In principle, the contributions of all parties to the property or the common income level are not considered. In the event of divorce, the property of husband and wife is generally divided equally.

Article 39 of the Marriage Law stipulates: "At the time of divorce, the joint property of husband and wife shall be handled by mutual agreement; If the agreement fails, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman. "

As long as the two sides are willing to agree on division and adhere to the principle of voluntariness, there is no fixed proportion. The division of marital property according to the principle of equality is also the embodiment of the principle of equality between men and women. In addition, it should also be reflected in the division of marital property.

1, the principle of caring for women and minor children; ?

2. Principles conducive to production and life; ?

3. The principle of not harming the interests of the state, the collective and others; ?

4. Respect the wishes of the parties, and the property agreement takes precedence over the statutory principle.

References:

Baidu Encyclopedia-Husband and wife have the same property.