Legal clarification of marriage law
Source: Xinhua |
August 14, 2011, Sunday
|
Print Edition
Print Edition
A JUDICIAL explanation over the settlement of property disputes in China's increasing number of divorce cases took effect yesterday, triggering hot discussion among the public.
According to the explanation issued by China's Supreme People's Court, a house bought by parents and registered under their child's name remains the personal property of the child after the child marries. It means the other partner in the marriage will not become co-owner of the house.
"Parents who buy their children houses used to worry that their children's divorces could result in the loss of family property," said SPC spokesman Sun Jungong,
Sun added that the explanation was issued after considering the views of nearly 10,000 people.
Amid soaring real estate prices, more divorcing couples have struggled to gain a share of property ownership, as houses have become an extremely lucrative and contested matter.
Many people applauded the stipulation and said it was in line with "China's real situation and social convention," and was helpful in settling disputes, Sun said.
If a house is purchased by parents on both sides and the marriage ends in divorce, the house can be split according to each side's contribution, Sun added.
A netizen said the new rule may change young people's attitudes toward choosing a spouse, with more women willing to marry a man working hard to succeed instead of solely looking for men from wealthy families.
Houses bought with a mortgage by one party before the marriage should be deemed the personal property of the registered owner, rather than the joint estate of the couple in a divorce case, the explanation said.
However, the court should give reasonable consideration and compensation for the other party's contribution to mortgage payments and to the appreciation of the house, it said.
A report issued by the Ministry of Civil Affairs earlier this year showed that divorces have increased at an average rate of 7 percent annually over the past five years.
Last year, there were 2.68 million divorce cases across the country.
According to the explanation issued by China's Supreme People's Court, a house bought by parents and registered under their child's name remains the personal property of the child after the child marries. It means the other partner in the marriage will not become co-owner of the house.
"Parents who buy their children houses used to worry that their children's divorces could result in the loss of family property," said SPC spokesman Sun Jungong,
Sun added that the explanation was issued after considering the views of nearly 10,000 people.
Amid soaring real estate prices, more divorcing couples have struggled to gain a share of property ownership, as houses have become an extremely lucrative and contested matter.
Many people applauded the stipulation and said it was in line with "China's real situation and social convention," and was helpful in settling disputes, Sun said.
If a house is purchased by parents on both sides and the marriage ends in divorce, the house can be split according to each side's contribution, Sun added.
A netizen said the new rule may change young people's attitudes toward choosing a spouse, with more women willing to marry a man working hard to succeed instead of solely looking for men from wealthy families.
Houses bought with a mortgage by one party before the marriage should be deemed the personal property of the registered owner, rather than the joint estate of the couple in a divorce case, the explanation said.
However, the court should give reasonable consideration and compensation for the other party's contribution to mortgage payments and to the appreciation of the house, it said.
A report issued by the Ministry of Civil Affairs earlier this year showed that divorces have increased at an average rate of 7 percent annually over the past five years.
Last year, there were 2.68 million divorce cases across the country.
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