婚后一方父母出资为子女购房问题的实证研究  

An Empirical Study on Parents Funding Their Children’s Purchase House after Marriage

作　　者：黄艳玲 Huang Yanling(East China University of Political Science and Law,Shanghai 200042)

机构地区：[1]华东政法大学

出　　处：《安徽警官职业学院学报》2019年第2期33-37,78,共6页Journal of Anhui Vocational College of Police Officers

摘　　要：从父母出资为子女购房的2种情形和双方父母出资购房时房屋按份共有可得出,《婚姻法解释(三)》第7条不仅规定了不动产的认定规则,同时也明确了父母为子女买房出资时出资的认定规则,即一方父母部分出资时的登记推定规则,以及双方父母出资时,各自父母的出资视为赠与各自子女的规则。登记推定规则有着复杂的社会背景和现实基础,有一定的合理性,但它在逻辑上存在一定的瑕疵,我国现有的父母出资赠与规则有待进一步反思。房屋系婚后所得,因夫妻没有明确约定房产仅归属一人,故房屋由夫妻共同共有,房屋不应认定为个人财产或按份共有。离婚时,出资及其增值归出资人子女一方个人所有,夫妻一方共同还贷及其增值部分,可由夫妻双方共有。在考虑照顾女方和孩子权益时,法院可酌情适量给一方多分。在具体的增值额计算上,最高院提供了三种标准,其中一种标准对夫妻双方更为公平,可供借鉴。From the 2 cases where parents contribute to their children’s purchase house and the purchase of housing is at the expense of both parties’ parents, it can be concluded that the "Marriage Law Interpretation (iii)" Article 7th not only stipulates the rules for the identification of real estate, but also clarifies the rules for the determination of parents to contribute to the purchase of a house for their children. That is to say that, when the parents of both parties contribute, the contributions of their respective parents are regarded as the rules for giving their respective children. The rule of registration presumption has a complicated social background and realistic foundation, which has certain rationality, but it has some defects in logic, and the existing rules of parental contribution gift in our country need to be further reflected. The house is gained after marriage, because the husband and wife did not expressly agree that the property belongs to only one person, so the house is jointly shared by the husband and wife, and the house should not be identified as personal property or as a share. In the event of divorce, the capital contribution and its value added shall be owned by the individual of the child of the donor, and the joint repayment and value added of the spouses may be shared by both spouses. When considering taking care of the rights and interests of the woman and the child, the court may give one party a modest amount, as appropriate. In terms of specific value added, the Supreme Court provides three criteria, one of which is fairer for both husband and wife and can be used for reference.

关 键 词：父母出资 房屋共有 房产分割 增值计算 

分 类 号：DF551[政治法律—民商法学]