离婚时父母出资的房产分割研究
A Study on the Division of Property Financed by Parents in the Event of Divorce

房产作为婚姻家庭财产中的重要组成部分，其归属与补偿问题一直是离婚纠纷中的“矛盾高发区”，其中，如何处理父母出资购买的房产更是广受社会的关注。由于房价居高不下，子女依靠自身财力难以独立购房，通常需要父母的资助。但大多父母在为子女提供购房资金时，往往不会明确说明这笔资金的性质，这导致子女离婚时更易产生房产归属纠纷。本文对于父母为子女出资的离婚房产分割的讨论，首先分析了相关规则的历史沿革及其在司法实践中的应用，其次重点围绕最新的司法解释论述父母在子女婚前和婚后出资购房的不同情形以及法律后果，在此基础上展望新法实施后可能还存在的父母出资约定不明易产生争议、补偿考量因素的具体适用还需明确的问题，并相应地提出了父母应明确为子女出资购房的意图、确定补偿考量因素的分量及适用顺位的建议。
Real estate as an important part of the marital and family property, its belonging and compensation has been the divorce disputes in the “high incidence of conflicts”, which, how to deal with the parents funded the purchase of real estate is widely publicized. Due to high housing prices, children rely on their own financial strength is difficult to buy a house independently, usually need parental support. But most of the parents in the children to provide funds for the purchase of housing, often do not specify the nature of the funds, which led to the children of the divorce is more likely to produce property ownership disputes. In this paper, the parents for the children’s contribution to the divorce of the property division of the discussion, first of all, analyze the historical development of the relevant rules and their application in judicial practice, and secondly, focusing on the latest judicial interpretations of the parents in the children’s pre-marital and post-marital contributions to the purchase of housing in different situations and the legal consequences, on the basis of the prospect of the implementation of the new law may also exist after the parents contribute to the agreement of the parents of the disputes arising from unclear, compensation considerations of the concrete. On this basis, it looks forward to the problems that may still exist after the implementation of the new law, such as the unclear agreement on parental contribution and the need to clarify the application of compensation considerations, and accordingly puts forward the suggestions that parents should make clear their intention of contributing to the purchase of a house for their children, and determine the weight of compensation considerations and their application.