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How to distribute the property after marriage in the new marriage law

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How to distribute the property after marriage in the new marriage law


        

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  • 2024-06-22 12:01:33

    Divorce cases will involve property disputes, including real estate, vehicles, equity and other securities, and property disputes are often an important proportion of property disputes. What is the ownership of the property after marriage? According to the law, the property acquired after marriage is in principle the joint property of the husband and wife, and the specific situation depends on the investment, registration and agreement of the property. How should the house property purchased by parents after marriage belong to
    August 13 The interpretation of the Supreme People's Court on several issues concerning the application of the Marriage Law of the People's Republic of China (III) was officially implemented, which clearly stipulated that the real estate purchased by one parent for their children after marriage, if the property right was registered in the name of the child of the contributor, it would be regarded as a gift only to his own son and daughter, and the real estate should be recognized as the personal property of the husband and wife.
    If the property right of a real estate purchased by the parents of both parties is registered in the name of a child of one party, the real estate can be deemed to be jointly owned by both parties according to their parents' share of capital contribution, unless otherwise agreed by the parties.
    Here, lawyer Yang Liping suggests that the court should follow the agreement between the husband and the wife when divorcing the ownership of the property, and if there is no agreement, it should follow the legal principle.
    Article 7 of the Third Judicial Interpretation of the Marriage Law
    After marriage, the real estate purchased by one party's parents for their children, whose property right is registered in the name of the contributor's children, can be regarded as a gift only to their children in accordance with the provisions of Item (3) of Article 18 of the Marriage Law, and the real estate should be recognized as the personal property of the husband and wife.

    Cry***

    2024-06-22 12:01:33

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