Jimu News.
Jimu News commentator Wu Shuangjian
In 2006, Cai (male) and Wang (female) met at a friend's wedding, and the following year, the two officially registered their marriage, and gave birth to their eldest son Cai Mou A and second son Cai Mou B in 2012 and 2014 respectively. At the beginning, the relationship between the couple was very harmonious and they lived happily. But as time passed, the differences between the two parties on family issues such as children's education became more and more obvious, and the relationship between the husband and wife gradually cracked. After more than 400 days of separationCai sued for divorce and demanded the division of the joint property of the husband and wife and the corresponding bank deposits in the names of Cai A and Cai B totaling more than 260,000 yuan
The Jiangbei District People's Court of Chongqing Municipality held that the relationship between the parties had indeed broken down, and supported Cai's request for divorce, and that the joint property of the husband and wife was divided equally between the two, but did not support Cai's request to divide the deposits in the names of Cai X A and Cai X B. (According to Red Star News on February 10).
*Unrelated**Baotu.com.
Whether the two get married or divorce is their free choice, and others only have respect, but it is really unreasonable to divide the children's property from a legal point of view. The court held that the property divided by divorce should be the joint property of the husband and wife, and the New Year's money was not the joint property of the husband and wife, and there was no legal basis for the request to divide the savings in the name of the minor children.
Although the law is the law, in real life, not every parent has a correct understanding of their children's red envelopes. Some people think that children's money is their own money, and it is a matter of course to spend so much money to raise children and spend children's red envelopes. There are also people who believe that the red envelopes received by the children are also given away by the parents, and the relationship between the two is offset, and the red envelopes received are the money they paid, and they should belong to themselves.
In this case, Cai's ideas are representative to a certain extent. He argued that he had also given a corresponding amount of red envelopes to his relatives' minor children, and that the relatives' gifts should be regarded as gifts to the family as a whole, so the savings should be the joint property of the family. However, from a legal point of view, if a relative or friend is donated to a specific person, it belongs to his personal property, and the guardian does not have the right to occupy or dispose of it because the child is a minor.
Generally speaking, the family relationship is harmonious, the parent-child relationship is harmonious, and it is not a big problem who owns the red envelope. Whether it is for parents to save their children for education**, or to use them for their children, or to consider the expenditure as a family asset as a whole, it is a natural thing. For this reason, lawsuits or conflicts arise because of family changes and property division issues.
However, it should also be emphasized here that the child's red envelope belongs to the child. As parents, even if the family is harmonious, they should also respect the property rights of their children and do not advocate arbitrary disposal. On the one hand, through the custody and use of red envelopes, children can be taught how to consume rationally or manage assets, so that they can have a correct understanding of money. On the other hand, it is also regarding the child as an independent subject, which can make him feel respected by his parents, which is conducive to the establishment of a good parent-child relationship and the growth of the child's independent personality.
The husband and wife divorce, the child is innocent, and the request to divide the child's property will undoubtedly make the child wonder. From the child's point of view, when the parents divorce, they can't speak and have no right to decide, but the proposal to divide their property doesn't give the child a hint that "the parents don't love us"? In terms of age, the two children, one 12 years old and the other 10 years old, are not at an ignorant age.
The divorce of parents is a harm to the children themselves, and proposing to divide the children's property is tantamount to adding insult to injury, giving people a sense of coldness。In any case, as a parent, you should be legally aware and should respect your children's property rights, which is also an expression of love and support for them.
*: Jimu News (Commentator: Wu Shuangjian) Editor: Liu Siyu Review: Xie Likui Intern: Xie Yingying.