Modern Express+/ZAKER Nanjing reporter Wang Rui Liu Yao
Is property donated by parents in the name of sale considered marital property?
Mr. Liu arrived at the event early in the morning. It is understood that Mr. Liu and his wife have a son. The couple separated many years ago due to emotional discord. In order to maintain a complete family, the two have never gone through divorce procedures. Seeing that their son was getting older, the two finally put the divorce on the agenda. Because they have not lived together for a long time, they do not have any savings and only have a house in Mr. Liu's name. This house was transferred by Mr. Liu's parents to his son, Mr. Liu, for his grandson's schooling.
“At that time, the transfer procedures were done in the name of sale. A symbolic 400,000 yuan was paid for the house price, but no money was ever paid. Now that we are divorced, the woman said that this house belonged to the couple during the marriage. The same property is required to be divided equally." Mr. Liu said that although the house is not in a key school district, the price is still around 5 million. "If she divides it, I have to pay her about 2.5 million. I don't have that much money on hand, and the house will definitely be lost." Mr. Liu said, "This property was given to me by my parents, mainly for my children's schooling. Yes, her name is not on the household registration book. Can she share the property?"
As for Mr. Liu's question, lawyer Li Xiaoliang from Jiangsu Tongda Law Firm said that the Marriage Law of the People's Republic of China is Paragraph 3 of Article 8 clearly stipulates that property that is determined to belong only to one spouse in a will or a gift contract shall be marital property; at the same time, Article 7 of the "Judicial Interpretation III of the Marriage Law" stipulates that the property rights of a property purchased by one spouse for their children after marriage shall If it is registered in the name of the investor's child, according to the provisions of Article 18, paragraph 3, of the Marriage Law, it can be deemed to be a gift to only one of the children, and the property should be deemed to be the personal property of one spouse.
Lawyer Li said that Mr. Liu’s parents transferred the house to their son, Mr. Liu, in the form of a “sale and purchase”, which was deemed as “one parent contributed money to purchase a house for their children.” Therefore, the house belongs to the personal property of Mr. Liu's parents and does not belong to the couple. Therefore, the woman has no right to request division of the house during divorce.
Intern may be sentenced for selling fake health products worth 60,000 yuan
Halfway through the event, Ms. Chen, a citizen, came to the scene. She sat opposite the lawyer and asked anxiously: "I have a cousin who is still in school and has not graduated yet. When the school asked her to intern last year, she found a job selling health products. But just a few months later, It happened. She was caught by the police and said that the health products they sold were fake. Now she is about to face trial. I don’t know how long the sentence will be.”
In the summer of 2018, Ms. Chen’s cousin Xiao Lin came. Interned at a health care products company in Nanjing. The company asked her to do sales and recommend health products to uncles and aunts every day. The company gives Xiao Lin a basic salary of more than 1,000 yuan per month, and he can get a portion of the commission for every box sold. After working for four or five months, she sold health care products worth 60,000 yuan. From June to October of the same year, the police arrested more than 40 staff members of the company after receiving reports from consumers, and Xiaolin was one of them.
Xiao Lin’s mother has been asking around for several months, wondering whether Xiao Lin will be sentenced and, if so, how long he will be sentenced. So she came to the "Ask a Lawyer" event for consultation. In this regard, lawyer Li Xiaoliang of Jiangsu Tongda Law Firm analyzed that although the current known situation is limited, judging from Xiaolin’s arrest and the fact that he has not been released and the situation introduced by Ms. Chen, Xiaolin’s behavior should meet the sentencing standards. If the prosecutor charges Xiao Lin with fraud, she has defrauded 60,000 yuan, a huge amount, and the prison term may be 3 to 10 years. If Xiao Lin surrenders or confesses, the court may give him a lighter punishment. (All parties involved in the article have last names)