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VOL.3 January 2011
What’s Mine Is Mine

For

 

Qin Dajun

Lawyer

The new interpretation specifies on property division, facilitating settling divorce lawsuits.

Among the divorce lawsuits, over 60 percent are resulted from property division.

People previously thought that no matter who pays for the down payment, as long as the couple collectively pays the mortgage after they get married, they would share the property rights. This view is legally wrong. The mortgage mentioned in the new interpretation is a premarital debt, but is collectively paid by the couple. If the couple gets divorced, the party who bought the house should compensate the other party for the amount paid for the house loan. In view of the appreciation of the house, more money should be given.

The purpose of this new interpretation is to maintain the stability of marriage and to safeguard people's legal rights. Although there is some opposition, it is the right thing to do.

 

Zhang Li

Marriage consultant

The reason why there is such a new interpretation is that the divorce rate is on the rise. When a divorce occurs, the most difficult problem to solve is how to divide ownership of their property. The new regulation proposes fairness of property distribution and social equality. Meanwhile, it also warns young people to be rational in choosing a spouse.

I don't think there should be a worry that the implementation of such a regulation may lead to a drastic increase in the divorce rate. A marriage aimed at dividing property should never be entered into in the first place as marriage means shouldering responsibilities. Divorce is the last thing a couple should consider.

 

Yu Chengcheng

Single female

It is fair that the one who pays for the house gets the property after a couple divorces. This regulation also clarifies that property ownership belongs to the one who pays for it, which can't be changed by marriage.

This regulation targets those who aim to take advantage from the marriage. It is true that a sense of security partly comes from being financially stable, but this can't be an excuse for getting married with the sole purpose of getting financial benefits.

This regulation should ensure that women should always maintain their independent economic and social status.

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