520 Special | "Love is sent day and night, and the law is protected for a long time" - 10 questions and 10 answers to high-frequency disputes in marriage and love
Author | Zhao Qiqi Lawyer
99
Marriage counseling
Lawyer, bride price given in love, not married
Can I have it back?
You can claim return. According to the Supreme People's Court'sInterpretation of the Civil Code of the People's Republic of China on Marriage and Family (1) Article 5If both parties fail to go through the marriage registration formalities, the people's court shall support the request of the party who paid the dowry to return the dowry paid in accordance with customs.
Warm reminder！
It is necessary to keep the bride price transfer records, receipts, witness testimony and other evidence to avoid oral agreements without evidence.
99
Marriage counseling
Lawyer, one party buys a house in full before marriage, marriage
After adding the other party's name, it will be counted in the divorce.
Same property?
Usually recognized as joint property of husband and wife. After marriage, the act of adding names is regarded as a gift from one party to the other, and the real estate is converted from personal property to joint ownership (or joint ownership), which can be divided according to law in the event of divorce.
99
Marriage counseling
Lawyers, buying a house together during a relationship, only write
How to divide a party's name when breaking up?
Split according to the actual proportion of investment.
Although the real estate is registered in the name of one party, the other party can prove the capital contribution (such as transfer records, purchase contracts, chat records), and can claim joint ownership by share, demanding the return of the corresponding capital contribution and house appreciation.
Warm reminder！
When jointly purchasing a house, it is recommended that both parties sign a "co-ownership agreement" to clarify the proportion of investment, ownership of property rights, and the division method in the event of a breakup/divorce.
99
Marriage counseling
Debt borrowed by one party before marriage, required by husband and wife after marriage
Joint repayment?
Not necessarily.
If the loan is used for married family life (such as buying a house, decorating, supporting the elderly), it is a joint debt of the husband and wife and needs to be repaid together; if it is for personal consumption (such as gambling, personal investment), it is a personal debt and has nothing to do with the other party.
99
Marriage counseling
The wedding was held but the certificate was not obtained, which is considered legal
Of couples?
It doesn't count.
Marriage relations in our country take "registration" as the effective requirement. Only weddings are held without marriage registration, which is a cohabitation relationship and is not protected by the "Civil Code" marriage and family series. Rules such as division of common property between husband and wife and priority of custody are not applicable when breaking up.
99
Marriage counseling
After marriage, one parent invests in buying a house and registers it in
Does a child's name count as personal property?
It depends.
① If the parents contribute the full amount and clearly state that they "give it to one of their children", it is personal property;
② Parents contribute part of the capital, children and husband repay the loan together, the real estate is usually recognized as the joint property of the husband and wife, and the parental contribution part is regarded as a gift to both parties (unless there is a clear agreement).
Warm reminder！
When parents contribute money, it is recommended to transfer money through a bank and sign a "gift agreement" to clarify the object of the gift to avoid disputes in the future when their children divorce.
99
Marriage counseling
Gifts and red envelopes given during love, breakup
Can I get it back?
Usually not.
Small gifts with special significance (such as 520 red envelopes, birthday gifts, anniversary gifts) are regarded as gifts that maintain feelings and cannot be revoked after delivery; however, large gifts (such as real estate, vehicles, and huge transfers) can be claimed for return after breakup if they are "for the purpose of marriage".
Warm reminder！
Be cautious before making large gifts, and note "on the premise of marriage", or sign a written agreement to clarify the conditions of the gift.
99
Marriage counseling
In a divorce, one party conceals or transfers the husband and wife jointly
Property, what should I do?
You can apply to the court for property preservation and submit evidence of the other party's transfer of property (such as transfer records, real estate transfer records, shopping vouchers) in the divorce proceedings. The court will divide or divide the joint property between the hidden and transferred parties according to law; if found after the divorce, you can file a lawsuit with the court within 3 years to request the division of the husband and wife's joint property again.
Warm reminder！
Usually, pay attention to keeping family property certificates (real estate certificates, bank card flow, financial management contracts, etc.), and protect your rights in a timely manner when any abnormalities are found.
99
Marriage counseling
A "loyalty agreement" signed before marriage
Is the derailed party's compensation effective?
Partially effective.
The agreement on "derailment fact determination" and "property division tilt" in the agreement will usually be supported by the court if it does not violate the mandatory provisions of the law (such as not restricting personal freedom and not agreeing on high liquidated damages); but the agreement on "clean out of the house" and "deprivation of custody rights" and other extreme provisions may be invalid because it violates the principle of fairness or legal provisions.
Warm reminder！
The content of the agreement must be specific, legal, and signed voluntarily by both parties without fraud or coercion. If necessary, it can be witnessed or notarized by a lawyer.
99
Marriage counseling
Children born during cohabitation, custody
To whom?
The same rights as children born in wedlock.
The ownership of custody rights is based on the principle of "conducive to the growth of children": ① Under the age of 2 generally belongs to the mother; ② The age of 2-8 is determined based on factors such as economic conditions, accompanying time, and educational environment of both parties; ③ Over the age of 8, the true wishes of the child must be respected. The party who does not directly raise the child needs to pay child support until the child is 18 years old.
520
Lawyer's message
520's romance is the sweet confession of "I love you"; and long-term happiness is the responsibility of "I protect you". The legal agreement in marriage and love is not a distrust of love, but the most solid sense of security for each other.
If you encounter issues such as property division, debt assumption, and custody disputes during the process of marriage and love,Guangdong Zhiheng (Guiyang) Law FirmallWe always provide you with professional and efficient legal support - from the drafting of prenuptial agreements, the mediation of bride price disputes, to the representation of divorce proceedings, property preservation applications, we use legal weapons to protect your love and rights.
lawyer
brief introduction
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| Editor: Cultural and Publicity DepartmentReview: Zhiheng Guiyang Publicity Committee
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