Supreme People's Court, Interpretation on Several Issues Concerning the Application of the «PRC Marriage Law» (3)
最高人民法院关于适用〈中华人民共和国婚姻法〉若干问题的解释（三）
September 03, 2011 | BY
clpstaff &clp articles &Interpretation deals with property disputes in marriage.
Applicability: Upon implementation of this Interpretation, in the event of a conflict between this Interpretation and the relevant judicial interpretations previously issued by the Supreme People's Court, this Interpretation shall prevail (Article 19).
Main contents: Where, during the existence of a marriage relationship, both parents or either one of them refuse(s) to perform their maintenance obligations towards their children, and a minor child or a child without capacity to live independently claims for maintenance fees, the people's court shall uphold such claim (Article 3).
Where, during the existence of a marriage relationship, one party to the marriage requests division of the couple's co-owned property, the people's court shall not uphold such claim except for the following major reasons, and provided that the interests of creditors are not prejudiced:
(1) acts that materially prejudice the interests of the couple's co-owned property such as concealment, transfer, sale, damage or squandering of the co-owned property by one party to the marriage, or falsification of debts jointly owed by the couple; or
(2) a person towards whom a party bears legal maintenance obligations needs to be treated for a major illness, but the other party is reluctant to pay the relevant medical fees (Article 4).
The returns arising from the individual property of one party to the marriage after marriage, except for the fruits and natural increase in value, shall be deemed the couple's co-owned property (Article 5). Where, after marriage, the parents of one party to the marriage contribute capital for the purchase of immovable property for their child, and the property title is registered under the name of the child, the property shall, in accordance with Item (3) of Article 18 of the Marriage Law, be deemed as a gift to the child only and be recognised as the individual property of such party to the marriage. Where the parents of both parties to the marriage contribute capital for the purchase of immovable property, and the property title is registered under the name of one party to the marriage, both parties may be deemed tenants in common to such property according to the percentages of the capital contributed by their respective parents, unless agreed otherwise by the parties (Article 7).
Where a party to the marriage concluded a contract for the purchase of immovable property before marriage, made a down payment using his/her own individual property and took out a mortgage loan from a bank, if, after marriage, he/she repays the mortgage loan using the couple's co-owned property, and the immovable property title is registered under the name of the party that made the down payment, such property shall be handled by agreement between the parties at the time of a divorce. Where both parties fail to reach an agreement, the people's court may render a judgment that the immovable property belongs to the party under which the property title is registered, and the outstanding mortgage loan is the individual debt of the said party. In regards to the amount for joint repayment of the mortgage loan by both parties and the portion of corresponding increase in the property value, compensation shall be made by the party under which the property title is registered to the other party at the time of a divorce (Article 10).
Related legislation: PRC Marriage Law (Revised), Apr 28 2001, CLP 2001 No.5 p.12; PRC Civil Procedure Law (2nd Revision)
clp reference:1750/11.08.09promulgated:2011-08-09effective:2011-08-13This premium content is reserved for
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