Article 17 of the Marriage Law of the People's Republic of China * * * The following property acquired by husband and wife during the marriage relationship shall be jointly owned by husband and wife * * *:
(1) Wages and bonuses;
(2) Income from production and operation;
(3) Income from intellectual property rights;
(4) Inherited or donated property, except as provided for in Item 3 of Article 18 of this Law;
(five) other property that should be owned by * * *. Husband and wife have equal rights to dispose of all property.
Article 18 of the Marriage Law of the People's Republic of China shall be the property of one of the spouses under any of the following circumstances:
1, one party's premarital property;
2. Medical expenses, living allowance for the disabled and other expenses obtained by one party due to physical injury;
3. Property that belongs only to the husband or wife is determined in the will or gift contract;
4. Daily necessities for one party;
5. Other property that should be owned by one party.
Extended data:
The property before marriage was changed to the wife's name. Related case: property before marriage is transferred to the wife's name after marriage. Who owns the divorce property?
Ma, aged 9 1 year, was an employee of a bureau in Urumqi before his retirement.
On July 28th, 2004, Ma signed the Purchase and Sale Agreement of Public Housing in a bureau in Urumqi, and bought a 60-square-meter house in Urumqi at a price of 26,000 yuan (hereinafter referred to as the house involved).
On October 9th, 2006/kloc-0, 65438, 78-year-old Ma Jing was introduced to marry a woman 29 years younger than him.
On August 27th, 2009, 83-year-old Ma said in his will: "After marrying Zhang, Zhang took good care of me and made me happy in my later years. Today is a special will. After a hundred years, the house involved will be inherited by Zhang Yi, and my children shall not interfere. "
On February 28th, 20 1 1, Ma and Zhang signed the Commitment Letter on Changing the Name of Husband and Wife in the House Involved, which stated: "Ma and Zhang are husband and wife, and the name of the house involved in Ma's name was changed from Ma to Zhang through negotiation. All economic and legal responsibilities arising from this shall be borne by Ma and Zhang. "
On the same day, both parties filed an application for renaming to Urumqi Housing Property Right Transaction Management Center, requesting that the owner of the house involved be changed to Zhang. The next day, the real estate trading center was renamed as the owner of the house.
Later, Ma and Zhang often had conflicts. From 20 13, the two separated and the relationship between husband and wife was completely broken.
20 16 10, Ma sued the Urumqi Railway Transport Court for divorce and asked Zhang to return the house.
The focus of this case is the ownership of the house involved.
"The houses involved should be owned by Zhang. There is a simple reason. During the marriage, Ma and Zhang agreed that Ma made a will to give his property to Zhang and went to the real estate trading center for transfer procedures. " Reader Ms. Li believes that Ma did not cancel the gift after giving Zhang a house, so the gift is valid.
Mr. Liang, a citizen of Urumqi, believes that the houses involved were purchased by individuals before Ma remarried. Ma made a will and thought that the house was inherited by Zhang because he was still alive and the will had not yet come into effect. Although they changed the name of the property owner in the real estate trading center, it does not affect the property rights of the houses they own.
The Ukrainian Railway Court believes that husband and wife should support each other, take care of each other, live in harmony and maintain family harmony. However, in this case, Ma and Zhang had conflicts due to family trivia, which led to the breakdown of the relationship between husband and wife. In view of the fact that there is no possibility of reconciliation between the two sides, they agreed to Ma's request to "dissolve the marriage relationship with Zhang".
The judge hearing the case said that although Ma made a will and wanted to designate the house involved to be inherited by Zhang, the will attached a condition that Zhang could inherit the house only when Ma died and Ma was still alive, so there was no legal consequence of inheritance. Based on the fact that Ma and Zhang have been married for 10 years, and the marriage relationship has lasted for a long time, and both have fulfilled their support obligations, it is more appropriate to identify the house involved as the joint property of husband and wife.
Zhang claimed that the house involved was a gift from Ma, but he did not provide a gift contract, and Ma did not recognize it; Without a clear intention, Ma renamed Zhang's promise in the house involved as husband and wife. Zhang did not provide sufficient evidence to prove that he reached an agreement with Ma on the gift of the house involved. Therefore, our hospital does not support Zhang's opinion that the house involved is a gift from a horse. The house involved was owned by Ma before February 28th, 20 1 1. However, since Ma has agreed to change the owner's name to Zhang, and during this period, it is a husband-wife relationship, so the house involved is the joint property of husband and wife.
Appraised by the real estate appraisal company, the house price involved is 152764 yuan.
The court of first instance ruled that Ma divorced Zhang, and the house involved was owned by Ma, who paid Zhang 76,382 yuan. Zhang refused to accept the appeal and appealed to the Urumqi Railway Transportation Intermediate Court.
Recently, the Wu Tie Intermediate People's Court ruled that the appeal was dismissed and the original judgment was upheld.
"Generally speaking, no matter how many years of marriage, one party's pre-marital property cannot become the joint property of husband and wife." Kang Wei, a lawyer of Xinjiang Faai Law Firm, said that the key to the above case is that the house involved has been registered for change. Ma agrees that the house is registered in Zhang's name and the property right has been changed. No matter whose name the house is registered in, it is shared by husband and wife. Unless the "contingencies" column of the house ownership certificate indicates, the house shall be owned by one party.
Kang Wei emphasized that a will is a legal act that takes effect when the testator dies, and it does not take effect when the testator is alive.
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