父母为子女婚后出资购房问题研究——《民法典婚姻家庭编解释(二)》第8条评析  

Research on the Issue of Parents Investing in their Children's Post Marriage House Purchase:Centered around Article 8 of the Judicial Interpretation(II)of the Marriage and Family of the Civil Code

作　　者：王丹 Wang Dan

机构地区：[1]最高人民法院民事审判第一庭

出　　处：《中国应用法学》2025年第1期42-57,共16页China Journal of Applied Jurisprudence

摘　　要：处理父母为子女婚后出资购房问题,应当以平衡保护个人权益和婚姻家庭团体利益为基本理念,关注婚姻家庭的伦理性、团体性特征,既要引导婚姻当事人注重对家庭的付出,又要防止借短暂婚姻不劳而获大额财物的投机行为,真正实现婚姻家庭的和谐稳定。父母为子女婚后购房的出资,如无特别约定,应当按照《民法典》第1062条规定,认定为是对夫妻双方的赠与。但在离婚分割夫妻共同财产时,应当根据《民法典》第1087条规定,将该房屋的出资来源作为重要的考量因素,并按照照顾子女、女方和无过错方权益的原则公平合理分割。When dealing with the issue of parents providing funds for their children to buy houses after marriage,the basic concept should be to balance the protection of individual rights and interests with the interests of the marriage and family group.Attention should be paid to the ethical and group characteristics of marriage and family.It is necessary to guide marriage parties to pay attention to their contributions to the family,as well as to prevent speculative behavior of obtaining large amounts of property through short-term marriage without effort,in order to truly achieve harmony and stability in marriage and family.If there is no special agreement,the investment made by parents for their children to purchase a house after marriage shall be recognized as a gift to both spouses in accordance with Article 1062 of the Civil Code.But when dividing the joint property of husband and wife in divorce,according to Article 1087 of the Civil Code,the source of capital for the house should be considered as an important factor,and the principle of fair and reasonable division should be based on taking care of the rights and interests of children,the female party,and the innocent party.

关 键 词：婚姻家庭编 夫妻共同财产 分割 婚后 父母 购房 

分 类 号：D923.9[政治法律—民商法学]