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据北京市延庆县法院2012年的统计数据显示,截止到目前为止,针对婚前出资购房婚后发证、婚后一方父母出资购房、婚前首付婚后按揭购房等情形下房产归属的咨询,占离婚咨询总数的60%。房子作为重要的家庭生活资料,承载了夫妻双方大量的心血。我国“无房不婚”的婚恋观念以及近年来持续走高的房价,使得婚姻存续期间房产的归属以及离婚时房产的分割逐渐成为公众热议的焦点。鉴于夫妻之间房产归属的相关规定散见于《民法通则》《婚姻法》及其司法解释、《继承法》以及《合同法》等规范性文件中,且内容纷繁复杂,延庆县法院对相关法律规定进行梳理、汇总和分析,以期能为公众普法、解惑。
According to Beijing Yanqing County Court 2012 statistics show that up to now, for the pre-marital homeownership investment after the marriage certificate, the parents married after the purchase of a house, pre-marital mortgage purchase mortgage under the case of real estate attribution consulting, accounting for divorce 60% of total consultation. The house as an important source of family life, carrying a lot of effort by both spouses. The concept of love and marriage in our country as well as the continuous rise in house prices in recent years have made the ownership of real estate during the marriage period and the division of real estate at the time of divorce gradually becoming the focus of public hot discussion. In view of the relevant provisions on the ownership of real estate between husbands and wives scattered in “Civil Law” “Marriage Law” and its judicial interpretation, “Inheritance Law” and “Contract Law” and other normative documents, and the content is complicated, Yanqing County Court on the relevant legal provisions To sort out, summary and analysis, with a view to the public legal literacy, doubts.