Original title: [Guangming Cloud Statement] Watch "Fearless", have you got this legal knowledge?
Recently, the legal workplace drama "Fearless" has been on the air. In the play, Luo Yingzi, played by Reiza, suffered a marital accident when she reached middle age, and even took on the debts that her husband Liu Ming had before he fled overseas;The pressure of life made Luo Yingzi "upgrade and fight monsters" all the way, grow rapidly, and finally achieve a turnaround against the wind. So what legal knowledge points are hidden in the play?
Is the house purchased by the parents for their children part of the matrimonial property?
Plot review: Luo Yingzi's husband Liu Ming fled with the joint property of the husband and wife and his best friend Wen Li, leaving Luo Yingzi to face huge debts alone;The "evil mother-in-law" helped her son Liu Ming cover up while living in the house that Luo Yingzi's parents bought for Luo Yingzi in full before marriage.
There are doubts about watching the drama: in life, parents fully fund the purchase of a house before the marriage of their children and the house is registered in the name of their children, what is the nature of the contribution?Is the house part of the matrimonial property?
Judge's interpretation: The first paragraph of Article 29 of the Interpretation of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family (1) stipulates that if the parents of the parties contribute to the purchase of a house for both parties before they get married, the contribution shall be deemed to be a gift to their children, unless the parents expressly express that the gift is made to both parties. If the parents fully contribute to the purchase of a house before the marriage of the child and the house is registered in the name of the child, the contribution is a gift from the parents to the child, so the house belongs to the child's personal property before marriage.
There is also a situation in life where parents in order to express their blessings for their children's marriage, although one of the parents contributed to the purchase of a house before marriage, but the names of the husband and wife are registered on the real estate certificate. According to the principle of effective registration of real estate rights in China, if one of the parents contributes to the purchase of a house for their children before marriage, the name of the other party after marriage can be regarded as a clear gift to both parties, and the house should be the joint property of the husband and wife. However, one party uses fraud or coercion or takes advantage of the danger of others to cause the other party to act contrary to its true intentions or maliciously collude to harm the lawful rights and interests of others.
If one spouse conceals the debt to the other party, does the other spouse have an obligation to repay?
Plot review: Luo Yingzi's husband Liu Ming borrowed millions of loan sharks and fled with the money, and then the creditor collected debts from Luo Yingzi, and Luo Yingzi sold his house to pay off his debts.
Watching the drama is suspicious: During the existence of the husband and wife relationship, if one party flees with the joint property of the husband and wife, is the other party obliged to repay the debt?
Judge's interpretation: Article 1064 of the Civil Code of the People's Republic of China stipulates that debts borne by the husband and wife in the joint signature of the husband and wife or by one of the husband and wife in the subsequent recognition of the common intention, as well as the debts incurred by one of the husband and wife in his or her own name during the existence of the marital relationship for the daily needs of the family, are joint debts of the husband and wife. Debts incurred by one of the spouses in his or her own name during the marriage in excess of the daily needs of the family are not joint debts of the husband and wife;However, the creditor can prove that the debt was used for the husband and wife's common life, joint production and business, or based on the common intention of the husband and wife.
In the play, Liu Ming concealed Luo Yingzi and fled abroad after borrowing millions of yuan from loan sharks, the loan obviously exceeded the daily needs of the family, Luo Yingzi did not know about it and did not recognize it afterwards, it was not the joint intention of the husband and wife, and it was not a joint debt of the husband and wife, so Luo Yingzi had no obligation to repay this part of the debt.
What do I need to pay attention to when buying a house after marriage?
Plot review: In the play, Luo Yingzi's mother-in-law refused to move out of Luo Yingzi's house and said: "That's my son's house, what qualifications do you have to kick me out?."”
Watching the drama is suspicious: if a husband and wife buy a house after marriage, and only one party's name is written in the house book, does it affect the other party's ownership of the house?
Judge's interpretation: The Civil Code stipulates that the following property acquired by husband and wife during the existence of the marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife: (1) wages, bonuses, and remuneration for labor services;(2) Income from production, operation and investment;(3) the proceeds of intellectual property rights;(4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law;(5) Other property that shall be jointly owned. Husband and wife have equal rights to dispose of joint property. Paragraph 2 of Article 29 of the Interpretation (1) of the Supreme People's Court on the Application of the Marriage and Family Section stipulates that if the parents of the parties make contributions to the purchase of a house for both parties after they get married, it shall be handled in accordance with the agreement;Where there is no agreement or the agreement is not clear, it is to be handled in accordance with the principles provided for in item 4 of paragraph 1 of article 1062 of the above-mentioned Civil Code.
The judge reminded that if real estate is purchased during the existence of the marital relationship, and only the name of one party is registered in the ownership certificate, the real estate is generally deemed to be the joint property of the husband and wife. However, this is not the case where the full contribution is made by one of the parents and is registered in the name of one of the children of the funder, and the gift agreement indicates that only their own children will be gifted. The original intention of parents to fund the purchase of houses for their children is to hope that their children will live and work in peace and contentment and the family will be happy, and parents and children should understand each other in getting along with each other. In order to avoid disputes, in the case of parents contributing to the purchase of a house after marriage, the parents and the children can jointly sign a written agreement to clarify the nature of the contribution and the ownership of the house.
Guangming Network reporter Sun Mantao Author: Beijing Chaoyang District People's Court Liu Yanfei, Ji Fangyu).