The content of this article is excerpted from the law popularization book jointly written by lawyer Sun Honglin and lawyer Sun Mingmin- "Speaking the Law Inside and Outside the Siege : Difficult Analysis of Marriage and Family Property Disputes"
Description of the case
In the marriage relationship that is formed without love as the premise and just to survive, it is often easy to continue because of the lack of emotional support. What's more, because of marriage, the relationship between the two becomes like an enemy. Although the situation between Xu Ling and her husband Zou Yi is not here, because of the gap in her husband Zou Yi's performance before and after marriage, Xu Ling also feels deep disappointment and disgust for Zou Yi.
Xu Ling and Zou Yi met through the introduction of relatives. Although Xu Ling did not recognize this blind date much at first, but helplessly forced by her parents' constant urging marriage and the pressure of her own age, Xu Ling was shaken in her heart and chose to try to get along, and it did not take long to become boyfriend and girlfriend with Zou Yi. During the love period, Zou Yi performed well, and because of this, they got married less than a year after getting along. In the first year of marriage, everything seemed normal. However, after Zou Yi changed jobs and chose to start a business with friends, the contradictions between husband and wife gradually began to arise. At that time, Zou Yi often used work as an excuse to go home late or even not to return, and as soon as he arrived home, he found reasons to quarrel and vent his emotions, even to children. In addition, Xu Ling also learned from others that there were people outside Zou Yi, in short, various factors made Xu Ling feel that it was time to end this marriage.
It's just that although Xu Ling wants to agree to divorce, Zou Yi does not agree. The reason for the refusal was not that he was still unwilling to give up on the family, but that he was still unwilling to give up on the family's house Zou Yi. The house that Zou Yi remembered was actually bought by Xu Ling's parents after Xu Ling got married, and the old couple thought that instead of storing the money in the bank, it would be better to buy a house for their daughter. After Xu Ling's parents bought a house for their daughter, the property rights certificate wrote the names of Xu Ling and Xu Ling's son. But now Zou Yi proposed that this house was bought by Xu Ling's parents after the marriage of the two of them, although there was no him on the property right certificate, it was actually given to them by Xu Ling's parents for a family of three, so half of the house was for the son, and the other half was for him and Xu Ling. Zou Yi also let Xu Ling choose, if Xu Ling chooses a house, then Xu Ling needs to give him money at a quarter of the market price of this house; if Xu Ling does not want a house, the house belongs to him and his son, and he gives Xu Ling a quarter of the house price. In addition, Zou Yi also said that the law has provisions, as long as it is the property obtained by the husband and wife after marriage, including the house, all of which belongs to the husband and wife.
In this regard, Xu Ling wants to consult a lawyer, all the money in this house is from his parents, and they still have bank transfer and other vouchers in their hands, is it really as her husband said, the house is bought after marriage, he has a share?
Lawyer's commentary
According to Article 1062 of the Civil Code, under normal circumstances, the property acquired by husband and wife during the existence of the marital relationship is the common property of the husband and wife, which belongs to the husband and wife, such as wages, bonuses and labor remuneration; In the case of one party's premarital property, compensation or compensation received by one party for personal injury; the property identified in the will or gift contract as belonging only to one party is the personal property of one of the spouses. It can be seen from this that if the property rights of the immovable property purchased by one parent for the child after marriage are registered in the name of the donor's child, it shall be regarded as a gift only to one of the children, and the real estate shall be recognized as the personal property of one of the spouses.
Xu Ling mentioned that the house purchased by her parents after marriage, in addition to Xu Ling's parents' clear intention to leave the house to their daughter, the name of the daughter Xu Ling and Xu Ling's son is also registered on the property right certificate of the purchased house, and the real estate ownership certificate is the proof that the right holder enjoys the real property right, so this house should be shared by Xu Ling and her son according to the house property right certificate, and is not the joint property of Xu Ling and Zou Yi. At the same time, for Xu Ling's husband Zou Yi, the view that all property acquired after marriage belongs to the joint property of husband and wife is also not in line with the law.
Of course, if when Xu Ling's parents funded the purchase of the house, the final property rights of the house were registered in the names of Xu Ling and Zou Yi, then for this situation, although the contributors to the house are Xu Ling's parents, it is usually regarded as a gift from Xu Ling's parents to Xu Ling and Zou Yi, that is, a gift to both people.
Attorney in this issue
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