Rushed to the hot search! Husband and wife divorced and want to share the 260,000 yuan of their children's New Year's money? The court sentenced! Netizens hotly discussed

Every Spring Festival,

What children are looking forward to most is New Year's money!

Once that sentence

"I'll help you save the New Year's money,

I'll give it back to you when you're older. ”

How many parents have kept their promises?

Mae-阵子

There is a mother of three in Guangdong

posted a red envelope for the child for six years

said: "Leave it to them to grow up and slowly dismantle it"

Video screenshot @8度视频

Many netizens were moved

"It turns out that there are really mothers who will save for their children"

however

Some parents are divorced and are still eyeing their children's New Year's money!

Today, #夫妻离婚要求分割2孩子26万压岁钱#

rushed to the hot search

 Recently, a court in Chongqing heard a divorce dispute case

They had two children after marriage

Both divorce lawsuits were dismissed by the courts

2006,

Cai and Wang

Met at a friend's wedding and subsequently fell in love. The following year, the two officially registered their marriage and gave birth in 2012 and 2014 respectively

The eldest son Cai Mou A and the second son Cai Mou B.

(Names have been changed)

At the beginning, the relationship between the couple was very harmonious and they lived happily. But as time passed, the differences between the two parties on family issues such as children's education became more and more obvious, and the relationship between the husband and wife gradually cracked.

At the beginning of 2020, the two had a fierce dispute again due to different education methods and concepts, and after the dispute, Wang took Cai A and Cai B to leave the common residence with Cai, and since then Wang and his two sons have been living with Wang's parents, and in April and July of the same year, Wang and Cai have sued for divorce respectively, which were rejected by the court.

sued for divorce again, wanting to "divide" the child's savings

Court: New Year's money is not the joint property of the husband and wife

After more than 400 days of separation, Cai sued for divorce again, and demanded the division of the joint property of the husband and wife and the corresponding bank deposits in the names of Cai A and Cai B, of which the deposits in the names of Cai A and Cai B were the income received by others when they were growing up, totaling more than 260,000 yuan.

The court found that the relationship between the parties had indeed broken down. Cai's request for divorce was supported. Cai and Wang's joint property is divided equally between the two, but Cai's request to divide the deposits in the names of Cai A and Cai B is not supported, and the above-mentioned deposits are property gifts made by elders to younger generations based on kinship, and the deposits should belong to the minors themselves, and Cai and Wang, as the guardians of minors, have no right to arbitrarily dispose of the property of their wards.

The property divided in the divorce case should be the joint property of the husband and wife, and the New Year's money is not the joint property of the husband and wife, therefore, Cai's request for the division of the deposits in the names of the minor children Cai X A and Cai X B in the divorce case has no legal basis, so the litigation claim is rejected. After the verdict was pronounced, neither party appealed.

Figure source: @Oriental IC

Netizens watched it and discussed it one after another!

Some think

"The man's behavior of asking for the division of the New Year's money

Let people bow down."

Manned display

"260,000 is a lot of money"

Others said

"The money belongs to the child, and whoever looks at the child takes the money"

There are also netizens who think

"Although the New Year's money is nominally given to the child,

But it's actually a human relationship between adults."

They all want their parents and elders to "go back",

In the past, it was generally used as a family unit for "overall use".

So it's normal for the man to ask for a split.

so

Whose New Year's money is the child's?

It is clearly stipulated in the law

According to the provisions of the Civil Code, the ownership of the New Year's money belongs to the child.

Even if the New Year's money is kept by the parents, the parents should keep it properly, and cannot embezzle the items purchased for themselves without permission, which will harm the property rights and interests of the ward.

If it is a minor under the age of eight, its parents should dispose of it on their behalf; if it is a minor who has reached the age of eight, they can buy some stationery, toys, food, etc., and carry out civil legal acts corresponding to their age and intelligence, but if they buy large items or recharge large amounts of games, rewards, etc., they need to obtain the consent or recognition of their parents.

It turns out that the New Year's money is our own!

After reading it, hurry up @ Mom and Dad

Let them take it out~

【Nong Hao Shanghai Fat Ding Comprehensive Editor】

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