With the development of society and the diversification of family forms, legal issues on marriage and family continue to emerge. The recently released Judicial Interpretation of the Marriage and Family Codification (II) provides more detailed guidance on issues such as the division of marital property in the event of divorce, the determination of capital contributions and the return of improper gifts. This Judicial Interpretation not only redefines the rights and obligations of both spouses, but also reflects, to a certain extent, the law's far-reaching intention to maintain family harmony and fairness and justice.
[I. Background of judicial interpretation and legislative intent]
As an important part of the basic system of society, marriage and family law involves the personal interests of every family member. For a long time, the division of property in divorce cases has given rise to many disputes because of the complexity of the sources of contributions made by both parties and the frequency of gifts of property. In response to the difficulties encountered in practice, the Supreme Court, in conjunction with the relevant departments, issued the Judicial Interpretation of the Marriage and Family Codification (II), which is intended to guide judicial practice in better balancing the economic interests of spouses and safeguarding the rights and interests of the party not at fault, thereby promoting the stability and harmony of marital and family relations, through specific and contextualized provisions.
[II. Key new rules on division of matrimonial property]
Definition and disposition of real estate gifting practices
For the pre-marriage or marriage during the agreement of one party to give property to the other party or for the other party to add the name of the situation, the judicial interpretation of the distinction between "has not yet for the transfer of registration" and "has been for the transfer of registration" of the two situations.
In the former case, the court may make a comprehensive judgment on the ownership of the property and the amount of compensation based on the duration of the marriage, the common living conditions, the children's factor, the fault of the divorce and the market value of the house, etc.; in the latter case, if the marriage is shorter and the granting party is not at fault, it may decide that the house should be owned by the granting party, and determine the compensation as appropriate.
Special cases of parental contribution to the purchase of a house
In the case of parents purchasing a house for their children, the judicial interpretation makes a clear distinction between "full contribution by one parent" and "partial contribution by both parents".
When the gift contract specifies that the gift is only to one of the children, the court shall deal with it according to the contract; otherwise, the court will judge the ownership of the house and determine the compensation ratio based on factors such as the proportion of contribution from both parties, the survival of the marriage, and the situation of the common life, etc., and ensure that the interests of the contributing parents are reasonably safeguarded.
Right of return of property given to a third party
In the case of the act of privately giving away common property to a third party during the marriage because one of the parties has remarried, cohabited with another person, or violated the duty of fidelity of the husband and wife, the Judicial Interpretation explicitly grants the party who is not at fault the right to return the property.
In addition, after the return, if one of the parties is seriously at fault (e.g., bigamy or cohabitation with another person), the court may rule that he or she is not entitled to a share of the division at all during the division of property, and may even be liable for damages in the event of a divorce.
[III. Legal significance and practical implications]
The promulgation of the Judicial Interpretation of the Marriage and Family Codification (II) not only provides operational judicial standards for the division of complex property in divorce cases, but also reflects the law's pursuit of fairness, justice and responsibility in marriage and family relations.
Promote greater clarity in pre-marital estate planning and post-marital estate management.
Both parties to a marriage should engage in adequate consultation and planning in advance before or after marriage and enter into a reasonable property agreement in order to avoid disputes arising from unclear gifting practices or contribution ratios.
Strengthening the legal constraints on acts that violate the law or breach the duty of conjugal fidelity.
For property gifts resulting from bigamy, cohabitation with others, and other offenses, the law not only grants return protection, but also increases the penalties for the defaulting party in the divorce division, which serves as a deterrent.
Promote more individualized and humanized judicial decisions.
By taking into account the duration of the marriage, the contribution of both parties to the family and the interests of the children, the judicial interpretation provides greater discretion to the judge, making the decision more in line with the actual situation of each case and striving to achieve a balance of fairness and justice.
The implementation of the Judicial Interpretation of the Marriage and Family Codification (II) has undoubtedly injected new vitality and guiding ideas into the area of property division in divorce. As society continues to develop, the law will certainly continue to adapt to the needs of reality, providing solid support for safeguarding the legitimate rights and interests of family members and promoting the stability of marriage and family. For the majority of parties, reasonable planning in advance and signing prenuptial agreements and property agreements in accordance with the law will become an important strategy to cope with future risks and safeguard their rights and interests.