The division of property in divorce lawyer fees

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"I know the house who wrote the names of who is, then why did you find the man of the house? Why in the face of repeated marriage law judicial interpretation so excited?"

"Because I'm trying to marriage for those who eventually become my."

A married two rich generation after 80 told our reporter, but in the Supreme People's court in August 12th issued "on the application of 'problems' of the people's Republic of China Marriage Law Interpretation (three)" after 80, like this started his journey be anxious and fearful: some regret, I should find a struggle with the potential of stocks, that is now more secure.

  Her smile? The mother-in-law cry?

Interpretation of marriage law (three) of this "new marriage law" has a lot of new rules, but the real estate part of particular concern. The first clear divorce party premarital loan to buy the property should belong to the property right registration of all; clear married for a party for parents financed the purchase of immovable property and property right is registered in the name of the child as a child, shall be deemed to be a party to the husband and wife personal property.

Interpretation (three) once released, users and the community to the property ownership of the two shows great concern. On the bus, the unit dining room, office, micro-blog forum, we Each sticks to his own view., published their interpretation of the new marriage law views, even humorous ridicule, can see the profound interpretation of the real estate property in the current marriage problem.

In an interview with reporters, most "father-in-law mother-in-law", no real man on the new interpretation of the marriage law agreed. Work in the Beijing Development Zone in Yizhuang, Chiang said: "my former girlfriend is no money to buy a house now because I always finding fault with me in together, leading to the final. The new judicial interpretation is good, for those who 'wanted to cry in a BMW' 'even want to marry rich two generations',' the official two generation 'girl a head-on blow, let them awake, if the house, family background to become the primary consideration, finally agree to divorce, not' get out".

Women did agree, that if the new marriage law can inhibit "Find a sugar daddy" this distorted view of love, is also good, if the struggle with the marriage is not reliable, so enjoy marriage more insecure.

While some "mother-in-law" and unmarried women expressed strong opposition. Work in the Beijing Xuanwumen in the vicinity of the unmarried lady pony said: "the marriage law of man derailed cleared the last obstacle, make a man divorce cost is greatly reduced, the divorce rate is rising."

The housewife Ms. Zhao also said: "I married to Beijing from the field, in our local, the daughter married without her right to inherit property in case of divorce, the house, also be others, also do not own anything, who will protect the rights of vulnerable groups?"

Speak out more people on the network: we women or their own money, they buy a house, to the hospital to get an artificial insemination, his students. Not married with car, does not need to accompany appliances with decoration, not caring, not to go out to work and busy housework, don't serve her husband derailed, don't worry, don't worry about old time clean body out......

Of course, there are also some people standing on the more rational neutral point of view, "can not expect the law to bear too much function, to address social problems beyond dispute." In the central organs of Ms. Sun told this reporter, the marriage law has not Man and a Woman, a solemn pledge of love, it is only when you lose all feelings can give you to maintain the survival of the dignity and rights. So even if being said, can understand.

  The law is fair

"From a legal perspective, the judicial interpretation in the breakthrough is not much, basically is based on the existing framework further clear, many people have such a large rebound because they only focus on the law of marriage law, other relevant laws to do not know too much." Beijing City People's court judge Wang Zhenzhong said.

This judicial interpretation, China has already promulgated the "property law" "contract law", "tort liability act", "the law and" marriage law "because of the effect of level do not conflict, so in the case of divorce law, apply more than is common, conforms to the law theory. The latest judicial interpretation of the law is clear way to merge together, convenient handling, also can make the trial results in more uniform."

Wang Zhenzhong for example, such as the judicial interpretation of "marriage by a party of parents for their children to buy investment property, the property right registration in the contributor in the name of children, as to their children only one party donative, the immovable property shall be deemed to be a party to the husband and wife personal property." Suitable is the "contract law" and "property law" provisions of the gift. Of course, this is the "marriage" two words in the new interpretation of the breakthrough, emphasized to respect the legislative purpose donative person will, to highlight the true meaning of the gift.

The provisions of article tenth "one party before signing the contract for the sale of real property, the personal property to pay the first payment and bank loans, after marriage with the joint property of husband and wife owing on the loan, the registration of real property in the first payment party name, can not reach an agreement at the time of divorce, the people's court may order the real estate property right registration of a party, has not yet returned to the property right registration loan a party's personal debt. Both sides together after marriage loan payments of the property and its corresponding appreciation part, at the time of divorce property right is registered by one party to the other party for compensation." Still is the application of the "property law" of the tenancy in common and common principles.

In the divorce disputes, real estate has become the focus of. Since 2001, the Supreme Court has three issued according to the marriage law judicial interpretation, in which the first is mainly aimed at some procedural issues the revised Marriage Law, that problem second times for betrothal gifts return, should the matrimonial debt treatment, housing provident fund and other funds, and this is against the ownership of the house of refinement. The parents financed the purchase problems for children, second judicial interpretation has been specified, but not in detail, the further clarity, it is the need of social development. The reality of high rate, disputes are increasing in the divorce, with the law to clear property ownership, is the inevitable choice to solve the dispute.

Now in many places Chinese, marriage is still the man buy a house, the general decoration of the money or a dowry. But with the rising prices, parents tend to devote all or most of savings for the children buy a house, generally will not sign a written agreement with the children. If at the time of divorce are housing will be identified as the joint property of husband and wife, is bound to damage the interests of the parents financed the purchase. Beijing City People's court judge Wang Zhenzhong told our reporter, the new marriage law explain just clarify such a limit, buy a house before a loan to buy a house to the parents who, by who.

Some people think that marriage law does not protect the weak solution, but in the legal profession that, although the new judicial interpretation clearly, married for a party for parents financed the purchase of real estate, only registered party name, not the common property, but the law does not prohibit the other demand his name added to the property permits. Moreover, in actual operation, the couple can be agreed in writing after marriage property ownership.

Moreover, "married parents to buy a house, the other party has the right to split" obviously not for a party of men and women, but for both men and women, is not only the daughter-in-law not divided her property, but the door son-in-law is not divided the mother-in-law property.

"On the whole, the established priority principle of individual property rights, pay attention to the spirit of contract perfect matrimonial property legislation, protection of property autonomous right of marriage, is conducive to family stability and harmony to it, less disputes; to knot, pure motives. In this regard, the judicial interpretation is very good on the modern marriage, property and the concept of the rule of law, there is not too much blame." Beijing Jun to lawyer Han Jiayi also thinks, the new interpretation of the marriage law to strong is the misreading.

  Don't let the house become the impediment to marriage

In the "national housing" era, marital property disputes is relatively simple. But now the economic form and the moral shape social changes: the first payment of high let one family can not afford, frequent divorce cases for as long as 30 years of high owing on the loan period not promise, a parent of the housing reform of the housing listed transactions if the costs and benefits of more and more complex problem, want something for nothing from the marriage of the mistress many, a divorce case has not so simple.

Beijing City People's court judge Zhang Qinling told our reporter, the marriage law interpretation (three) although this is no great changes, but caused so much folk disputes highlights more social psychological problems, highlight the people on the high prices of discontent.

Perhaps, because of the house played a important role, love or marriage is the house involved, become somewhat unusual, not pure. Wang Shichuan analyzed this phenomenon in "Chongqing daily" published, "housing" is perhaps the most strong hard currency in this era, it covers too many joys and sorrows of love, also have a long story of the secular imagination. Today, the house is one of the most is not avoid the topic of love, marriage, and said that men and women too secular, the house is sin, rather it reflects our existence of collective anxiety.

"I saw a house not see social discussion of marriage", can be regarded as the "calculation" marriage further fermentation. "Xin'an Evening News" published farmers commented that, after the market economy the sharp deconstruction, marriage in the property notarization, contract, agreement, the contract of the rich characteristics of the market economy. The property is the most unstable marriage links, so, "marriage" more and more, premarital calculation, calculation of marriage, divorce, common sense economics popularize results for maximum benefit concept invasion known as "the smallest partnership company" of marriage and family, sesame point thing, some people will take "no longer believe in love" to make sentences. When practical and utilitarian suddenly into marriage theme, even need to explain to regulate a year millions of marital property disputes in the judicial, it is a kind of social and.

The law can do, just to clarify the boundaries, clear rights, marriage and family relations, a greater extent depends on the ethical regulation. So, can make marriage farewell profit era, return to the essence of emotion, the emotion itself is a great salvation. "Xinhua Daily Telegraph" published comments, love and marriage quality preservation, not because of the economic means to obtain forever, like getting a big house but do not necessarily have the free feeling. Modern people paranoid and dislocation in the cultural value, is doomed to be the millions of people living harbour before marriage, become the shackle of heart. Rational marriage should leave the profit era, of course, to return to the essence of emotion, finally still need to let this period has a common cultural value to redemption.

A netizen said: "everyone seems to be awakened by the property regardless of how, not the feelings of the marriage eventually no winners......"