During the Spring Festival, what children look forward to most is to receive New Year's money. Some parents choose to keep the money in the bank to plan for their child's future. However, who exactly does this money belong to is a question worth asking. If the parents divorce, what will happen to the money?
According to the Chongqing Jiangbei District People's Court's WeChat***February 20**, when the court heard a case, it was clearly pointed out that the New Year's money is a property gift from the elders to the younger generations based on kinship, and should belong to the minors themselves. The guardians of minors, i.e. parents, do not have the right to dispose of these properties without authorization.
The background of this case is the breakdown of Cai and Wang's marriage. Cai filed a lawsuit demanding the division of the joint property of the husband and wife and the bank deposits of the two sons. These deposits were gifts from others that the children received when they were growing up, totaling more than 260,000 yuan.
After the trial, the court held that the relationship between Cai and Wang had broken down and the divorce should be granted. The joint property of the husband and wife shall be divided equally. However, the court did not support Cai's request to divide the deposits in the names of his two sons. Because these deposits are property gifts from elders to younger generations, they should be owned by minors. Cai and Wang, as guardians, have no right to dispose of these properties. The property divided in a divorce case is limited to the joint property of the husband and wife, and the New Year's money is not the joint property of the husband and wife. Therefore, Cai's request to divide the savings in the names of his two sons in the divorce case had no legal basis and was rejected by the court.
This case reminds us once again that the basic rights of minors should be fully protected by law. In this case, the deposits in the names of the two sons were property that they had received as gifts from their elders. Even if they do not have full capacity for civil conduct at the time of accepting the gift, the property still belongs to them. In divorce cases, the spouses, in their capacity as guardians, cannot claim the division of legal property belonging to minors. These properties should be managed by a legal guardian, but ownership remains with the minor. Therefore, parents should be aware of this and respect and protect the property rights of their minor children. At the same time, society should also strengthen publicity and education on the protection of minors' property rights, so that more people can understand and pay attention to this issue.