Abstract：When parents provide funding to purchase real estate for their married children, the current judicial rules in China have multiple criteria and logical inconsistency in determining the property ownership and its division upon divorce. Based on the two major characteristics of marriage, i.e., shared marital interests and gradual integration, this study proposes that the marital property regime should treat property gifts from parents as personal property, which should be divided upon divorce with a progressive proportion to his or her spouse. Such regulations can not only protect parental property from damage upon married child’s divorce, but also promote the long-term stability of marriage, and protect shared marital interests.
康娜. 论婚后父母出资为子女购房的产权归属及离婚分割[J]. 浙江工商大学学报, 2015, (1): 49-54.
KANG Na. A Study on the Property Ownership and Its Division upon Divorce When Parents Provide Funding to Purchase Real Estate. Journal of Zhejing Gongshang University, 2015, (1): 49-54.
Lynn A. Baker & Robert E. Emery. When Every Relationship is Above Average: Perceptions and Expectations of Divorce at the Time of Marriage [J]. law＆Human Beh. 1993 , (17),p 439.
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