Pre-marital loan purchase to be identified as personal property

Judicial interpretation of the Supreme Court's marriage law recently, the Supreme Court published the "Marriage Law of the People's Republic of China" interpretation of a number of issues (iii) for the draft.　　"Chinese-style divorce" has been inseparable from real estate, children, "little" topic, in the draft of the request for comment can be found. Wen/reporter Liu Xiaoxing "Three" money difficult to solicit opinions draft article II provisions: Where a spouse is living together with another person, the property compensation is agreed for the dissolution of the cohabitation, and the court does not support the claim for return after the party claims to pay the compensation or payment of compensation;　　The court shall entertain and deal with the circumstances. By their own youthful beauty, alongside a family of wealthy, even if not "positive", alongside a few years can also get a "loss of youth"?　　The wishful thinking of the "San" may be dashed. Xia Youlin, a lawyer for family law and psychology at Guangdong Tian Sheng law firm, told reporters that this provision once again emphasizes that illegal cohabitation is not protected by law, and only legal marital relations are protected.　　This means that for the "third party" or the so-called "San" in the marriage, even if the promise will have "loss of youth" and other property compensation, as long as the other side back, it will not be able to get this compensation, at the same time, even with the third party to reach a compensation agreement and has been paid, the legal spouse can also be recoverable by law.　　Xia Youlin also pointed out that this article has "the lawful marriage litigant to violate the husband and wife common property rights to sue for the return, the People's Court should accept and according to the concrete circumstance to make the treatment", but to the return proportion, in the judicial practice actually has the co-accused to contract the phenomenon, this aspect also needs the Supreme Court to unify the Case: Married boss Lao Wang and the staff little Juan lived together for 5 years, during which she bought a house to buy a car. learned that after the hopeless, small Juan asked the old king to pay 1 million yuan to her, old Wang disagree. On the other side, Lao Wang's wife Adan through the investigation that the husband and the other two have jointly registered 3 houses and a car, the total purchase money, car money more than 2.6 million yuan. Old Wang and little Juan after falling out, the old Wang husband and wife two people in common name Sue small Juan, request to return the huge property.　　The court decided to return it. Female termination of pregnancy is not a violation of male reproductive rights "reproductive rights" has caused great controversy, the existing "marriage law" does not separate the issue of the provision or description. The new draft provisions, the husband and wife due to the issue of maternity disputes, resulting in marital feelings rupture, a party to request divorce by conciliation invalid, the court should grant divorce. This rule relaxes the threshold for divorce.　　But at the same time, the tenth article also stipulates that the husband to suspend pregnancy without authorization to infringe on the right to bear the claim for damages, the court does not support, giving women the right to determine their own reproductive rights. Unmarried "negative Weng" don't worry about focusing on the draft 11th: The husband and wife sign a real estate sale contract before marriage, pay the first payment with personal property and loan in the bank, after marriage the real estate is registered in the first payment party name, the real estate may be identified as the personal property of the real estate obligee, and the part of the loan which has not been returned is the personal debt of the real estate right person.　　During the period of marital relationship, the loan repayment part of the husband and wife should consider the real estate market price and the proportion of the total amount of the common repayment payment, and then make reasonable compensation to the other party by the real estate right person. "I made a down payment, and I was still on loan, and my wife and I returned the rest, and this House became a conjugal property?" "Such problems have plagued many single" negative "people. Many of them before marriage for this repeatedly counseling lawyers, some people want to be notarized before marriage, but also afraid of hurting feelings, the result of "negative Weng" became "fear of marriage family."　　The new draft article 11th will dispel many of the unmarried "negative Weng" concerns. In addition, the draft article eighth also stipulates that, after marriage by the parents of the purchase of real estate, property rights registered in the name of the sponsor's children, may be regarded as a gift to his children, should be found that the real estate as a spouse's personal property.　　Xia Youlin reminded that even if there is a new judicial interpretation of "protection", but parents in order to ensure that their property to the child is not devalued value, it is best to write that the gift is for the children of the individual, and as far as possible through the bank transfer method. Case: Li Na before marriage signed a purchase contract and to the bank loan, the house purchase price is 1.3 million yuan, Li Na down payment 500,000 yuan, the loan 800,000 yuan, after the marriage husband and wife together repaid the 300,000 Yuan loan. The property has risen to 2.1 million yuan in the divorce. After consulting with the lawyer, she learned that the loan of 300,000 yuan is a joint property of husband and wife, should be recognized as a common rights and interests. Because the house market value increases, the mortgage 300,000 yuan now actually has become 480,000 yuan. Then Li Na will pay 480,000 yuan of half that 240,000 yuan to her husband.　　The loan balance was continued by Li Na. Fake "IOU" forged debt will be curbed 16 years, together in Guangzhou Huadu operating a leather firm and has a branch, this thought the cause of success, family Happiness Lai, accidentally found her husband outside the bag for 12 years. After the show, husband Zou MoU agree to divorce and generous give up tens of thousands of husband and wife common property, "purification out of households." No, at the same time, he also proposed that as many as 20 million yuan in the loan has not yet been repaid, the law must be borne by Ms Lai. Ms Lai thinks that Zou is a fraud in the forgery of debts.　　Recently, this case of divorce mystery in Guangzhou in the second trial. Xia Youlin said that the current divorce cases, under the guise of flying in the sky more and more. In addition to concealing property, the common thing is to counterfeit IOUs and make alliance to relatives and friends, resulting in the court in the trial of property, the common property is not much, "common debt" but more and more. The draft 18th stipulates that, in the case of divorce, the spouse claims that the debts of the spouses in the name of the marriage shall be repaid jointly by the parties, and the debtor should prove that the debt is based on the marital agreement or on the common life and operation of the husband and wife. This will effectively curb the phenomenon of divorce under the guise of flying.