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Rule of Law Class

Divorce Property Division Case

发布时间:2021-11-26 09:04:39

1.Luo v. Zhang (appellate case of dispute over divorce)

[Judgment Abstract]

In general, for the couples who have received the marriage certificate and live together, the betrothal gifts need not be returned at the time of divorce. However, if the betrothal gifts given prior to the marriage make the giver live in difficulty, discretionary consideration should be given to returning a certain amount of betrothal gifts in light of the actual situation.


2.Li v. Guo (case about dispute over divorce)

[Judgment Abstract]

The property owned by the husband or wife before marriage is premarital personal property. If the property is used to invest in or purchase wealth management products, their principal should still belong to the husband or wife. But the Marriage law of China provides for the system of property being jointly owned by both husband and wife, under which except as clearly stipulated by law or agreed by the husband and wife, the property acquired for the duration of marriage is considered to belong equally to the married couple. Therefore, the appreciated proceeds generated from the wealth management products in which one spouse invests by using the premarital personal property should belong to the community property and be distributed equally between both spouses at the time of divorce.


3.Dun v. Shen (case regarding divorce dispute)

[Judgment Abstract]

During the existence of marriage, if a husband or a wife transfers a real property without informing the other party, then such unauthorized transfer constitutes an infringement on the other party's ownership and management right. If it doesn't fall under the scope of bona fide acquisition of property, the court may invalidate the transfer directly, in which case the real property will be viewed as the community property and divided accordingly during the handling of divorce lawsuits.


From:www.chinalawinfo.com 


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