During the existence of the marital relationship between the husband and wife, one party purchased annuity participating commercial insurance, and after the divorce, the other party requested to divide the cash value of the policy, which was supported by the court.
Case review] Plaintiff: female, born in 1977, defendant: male, born in 1978, registered marriage in 2001, and went through divorce registration procedures at the Civil Affairs Bureau in 2016, and the divorce agreement stipulated: the house purchased after marriage is owned by the man; After marriage, a car is purchased and owned by the man; After marriage, the joint deposit totaled 30,000 yuan, which belonged to the woman; After marriage, all debts of 70,000 yuan shall be borne by the man.
In January 2017, the two remarried. In October 2022, the divorce was mediated by the court, and the disputed property was not involved.
In December 2022, the wife filed a separate lawsuit for the division of the joint property of the husband and wife, requesting the court to confirm the ownership of the two rural houses and the proceeds of the demolition as the joint property of the plaintiff and the defendant, and to divide the rental income of the above-mentioned properties in accordance with the law, and to divide the cash value and dividends of life insurance in accordance with the law.
The defendant argued that the plaintiff claimed that the rural houses were the property of the man's parents and had nothing to do with the plaintiff and the defendant. The plaintiff asserted that the insurance was the husband's personal property before marriage and had nothing to do with the plaintiff.
According to the plaintiff's application, the court obtained the defendant's commercial insurance: a critical illness insurance with a cash value of more than 2,000 yuan, and the insured was a legitimate child born to the plaintiff and the defendant; 4 annuities and participating insurances, none of the above insurance contracts received dividends, with a total cash value of more than 50,000 yuan.
The court held that after the divorce, if one party files a lawsuit with the people's court for division on the grounds that there is still the joint property of the husband and wife that has not been disposed of, the people's court shall divide the property that is indeed the joint property of the husband and wife that was not involved in the divorce after examination.
The defendant took out five insurance policies with the insurance company during the marriage of the plaintiff and the defendant, and both the plaintiff and the defendant agreed that one of the critical illness insurances was a child, and the insured was a child and would not be divided. The cash value of other insurance that has not been paid dividends is more than 50,000 yuan, and the remaining 50,000 yuan is after deducting the insurance value of critical illness insurance of more than 2,000 yuan. The plaintiff shall receive half of the cash value250,000 yuan.
The plaintiff claims to divide the property, but has not yet applied for the title certificate and is facing demolition, which was not mentioned in the two divorces of the plaintiff and the defendant, and the plaintiff can make another claim when the property right is clear. The plaintiff's request for the division of the rent of the property was not supported because it did not submit evidence to prove that it was the defendant's income.
On March 1, 2023, the first-instance judgment was made that the defendant paid the plaintiff 250,000 yuan. The plaintiff's other claims were dismissed.