Divide of cohabitation property, ownership of real estate during divorce... The judicial interpretation of the Civil Code Marriage and Family Section focuses on solving these problems

Today, the Supreme People's Court issued the judicial interpretation of the Civil Code Marriage and Family Section (II), which further regulates the hot issues that have been widely concerned by the society since the implementation of the Civil Code, as well as new situations encountered in the trial practice of marriage and family disputes and disputes that need to be resolved urgently. Focus on solving difficult issues in trial practice concerns such as parents' ownership of investment for their children after marriage, identification of real estate given by couples based on marriage, gifting of couples' joint property to others in violation of their obligations of loyalty, robbing, hiding minor children, dividing of cohabitation property, malicious debt evasion through divorce, etc., unifying the application of the law and the rules of judgment, and determining the dispute. A reporter from the General Office interviewed relevant officials of the Supreme People's Court to deeply interpret the new provisions on judicial interpretation.

Parents contribute to their children's house purchases

How to divide their property when their children divorce

In my country, when their children get married, it is a common phenomenon in which parents contribute to their children's house purchases. This is not only a way of intergenerational inheritance of family property, but also a blessing and material support for the happy and fulfilling children's marriage. However, when children divorce and divide the couple's joint property, the issue of the ownership of parents' investment in buying a house often becomes the focus of dispute between the two parties. The judicial interpretation of the Civil Code Marriage and Family Section issued by the Supreme Court stipulates this.

According to the provisions of the Civil Code, the property donated during the marriage shall belong to the joint property of the husband and wife except that the gift contract is determined to belong to only one party. During divorce, both parties may divide the joint property through an agreement. If the agreement fails, the people's court shall make a judgment based on the property situation.

Judge Wang Dan, the First Civil Court of the Supreme People's Court: What is the specific situation of property? We believe that the source of capital contribution of property should be a situation of the specific situation of property. That is to say, when dividing the joint property of a couple, it is normal for one person to half, but if the source of this property comes from one spouse or one parent, the source of the property must be considered when dividing, and it may not be half of each person.