Compensation For Extramarital Cohabitation Has Been Cancelled, And The Judicial Interpretation Of Marriage Law Has Been Formally Implemented.

Beijing, August 13th (reporter Sun Ying)

Data show that the number of cases of marriage and family disputes handled by the national court of first instance has increased year by year, from more than 1286000 in 2008 to more than 1374000 in 2010.

How to divide up a divorce before buying a house, a parent buying a house?

Suspect that the child is not born, and the other side refused to be paternity testing. What should I do?

Is the natural appreciation of personal property after marriage a common property?

These hot spots and judicial interpretations should be answered one by one, and the hottest part is houses.

After marriage, parents purchase their children's houses.

The statistics released by the Ministry of Civil Affairs show that the number of divorces in China has increased year by year, with an average increase of 7.65%. More than 5000 couples are separated from each other every day.

After different activities, how to divide the love nest has become the most common focus of dispute in divorce cases.

In the first case, the house that parents invest in their children after marriage is not counted as husband and wife.

Mother Ping: when the housing price is very high, parents often bring out the savings of their generation in order to buy a house for their son.

If they get divorced in a couple of years, it will be inappropriate for me to split up as a common property.

All in all, who will contribute to it and whom it should be returned to in the future.

The introduction of "judicial interpretation of marriage law (three)" dispelled the worries of Ping Ping's mother, and made it clear that "one party's parents invested in the purchase of real estate for their children, and the registration of property rights under their children's names should be regarded as the personal property of the husband and wife."

Sun Jungong, spokesman for supreme law, said:

Sun Jungong: if the divorce is identified as a common property of husband and wife, it will be contrary to the original intention and intention of parents buying for their children. In fact, it also infringes on the interests of parents who invest in buying houses.

Therefore, the registration of housing property rights in the name of parents and children who invest in the purchase of housing is regarded as a fair and reasonable one for parents.

both sides

Sun Jungong: the real estate is bought by the parents of both sides. The registration of property rights under the name of one party's children is more in line with the actual situation according to the share contribution of both parents.

Before marriage, property is returned.

In the second case, who will buy a house before marriage?

According to a view, according to the time obtained from the certificate of property right, the mortgage housing is classified as premarital personal property or married couple's common property.

But the supreme law believes that this is unfair to buyers.

Sun Jungong: for the first time

Just hearing such a rule, Mr. Wang of Beijing is very puzzled.

Mr. Wang: Yes, the house was bought in her name, and the first payment was made by her. But after the marriage, the loan came from both of us. How do we calculate this?

But Ms Zhang has other concerns:

Ms. Zhang: in general, the man is preparing the house, the woman is the dowry, and the dowry is consumable. As time goes on, consumables are likely to be depleted. But the property is the most valuable part of the family. It is added value. You can not say that after a few years, the goods are not counted as property. This is unfair to the woman. I think this is a great threat to women and children.

Mr. Wang and Ms. Zhang's concerns are all the concerns of the non property rights registry. How can their interests be protected?

Sun Jungong explained:

Sun Jungong: for the party to take part in the loan after marriage, the payment of the joint loan repayment after marriage and the value added part of the relative property, in accordance with the principle of taking care of the rights and interests of the children and women in accordance with the thirty-ninth article of the marriage law in the first paragraph of the marriage law, the other party shall be compensated by the registration of the property right.

Privately selling can claim compensation, but does not support recovery.

The third case is how to deal with private selling?

According to the judicial interpretation, one party will sell the common property without the other party, and the other party may claim compensation for the loss. However, the court will not support the claim if it requests to recover it.

Supreme Court civil trial first court president Du Wanhua said

Du Wanhua: one party sells the housing shared by the husband and wife without the other party's consent. The third people purchase in good faith, pay the reasonable consideration price and go through the registration of property rights, and the other party advocates that the house should be recovered. The people's court shall not support it.

Rejection of paternity testing will lead to a losing lawsuit.

For a family, in addition to property ownership, there is a more central issue, that is, children.

The judicial interpretation of the previous marriage law has made provisions on the issue of child support and visitation rights in divorce cases, and the judicial interpretation (three) started today has made clear provisions on "paternity testing", "reproductive rights" and other issues.

With the development of modern biomedical technology, DNA identification technology has been widely used in the proof of the relationship between children and their parents, especially with their fathers.

There are more than 120 countries and regions in the world that directly use this technology as the basis for deciding a case.

But the parties refused to identify how to deal with it.

The judicial interpretation (three) has made clear.

Sun Jungong, spokesman for supreme law, said:

Sun Jungong: if the evidence provided by one party can form a reasonable chain of evidence to prove that there may be or no parent child relationship between the parties, and the other party does not have the opposite evidence and resolutely disagrees with paternity testing, it must bear the legal consequences of losing the lawsuit.

The situation of cohabitation outside marriage is complicated.

For the issue of "reproductive rights", which has attracted much attention,

The judicial interpretation of marriage law (three) when soliciting opinions, the highest concern is about how to deal with the property after the dissolution of the cohabitation relationship.

After the publication of the formal provisions, we find out why this one is gone.

The second article of the draft opinion once wrote, "if a spouse cohabitation with another person, he agrees to make property compensation for the cancellation of cohabitation relationship. If the party claims to pay the compensation or pay compensation, he will refuse to return it. The court does not support it; however, if the Party of a legal marriage sues for prosecution on the grounds of violating the common property right of the couple, the court shall accept the case and deal with it according to the specific circumstances."

Why did the text delete this article? Du Wanhua, President of the first civil trial court of the Supreme People's court, explained:

Du Wanhua: because the situation of cohabitation outside marriage is very complicated.

Some are cohabiting with others knowing that they have a spouse. Others do not know that they have a spouse.

In the property agreement to end cohabitation, some people settle their repayment problems with personal property. Others attempt to solve the problem with the common property of their husband and wife.

Under such circumstances, simple provisions are difficult to cover.

Du Wanhua said that the solution to such problems needs further study, and we should also face up to these problems in the trial practice.

Du Wanhua: in the future, such problems must be upheld in the trial practice. These principles must be adhered to: maintaining socialist morality and good customs; safeguarding the stability of marriage and family under socialist conditions; the legitimate rights and interests of women and children; and protecting the legitimate rights and interests of the parties concerned in the law.