The Case of Marriage Dharma King Ping Dinglan

Case: Wang Ping, male, teacher at a university. Ding Lan, female, cashier of a company. Wang and Ding got married in 1994. Before the marriage, Ding Lan borrowed 100,000 yuan to buy a house and used 30,000 yuan of personal savings to buy high-end furniture. Wang Ping purchased all home appliances and a motorcycle for Ding's use. After marriage, he gave birth to a son, who has been raised by Wang Ping's parents. When Ding's father passed away in 1994, Ding inherited a batch of calligraphy and paintings worth an estimated 200,000 yuan. In 1996, Wang's father passed away and Wang inherited an inheritance of 10,000 yuan. After marriage, Wang Ping basically borne the daily expenses of the family, while Ding Lan deposited his salary in the bank, intending to use it to repay the loan he borrowed to buy a house. From 1997 to 1998, Wang Ping received a remuneration of 6,000 yuan for writing books, all of which he bought professional books. In 1997, Ding was discovered to have committed adultery, and the relationship between the couple deteriorated. At the end of 1998, Ding was fired from the company for making the same mistake. In January 1999, Wang Ping applied to the court for divorce. After court mediation, Ding Lan agreed to divorce; the two parties agreed that the child would be raised by Wang Ping, and Ding Lan would pay 3,000 yuan in annual child support and education fees. However, there was a dispute between the two parties over the handling of property, and mediation failed.

Q: How should the relevant property (such as houses, furniture and appliances, motorcycles, inheritance, etc.) be disposed of, and explain the reasons.

Case analysis:

(1) my country's "Marriage Law" stipulates: The property acquired by a couple during the marriage relationship shall be owned jointly by the spouses, unless otherwise agreed by both parties. . Wang and Ding have no property agreement, so the inheritance inherited by each party after marriage and Ding's savings after marriage belong to both parties and should be divided according to law.

(2) According to the relevant judicial interpretation of the Supreme Court: "The property owned by one party before marriage, the house and other production materials of greater value that are jointly used, operated and managed by both parties after marriage will pass through 8 "After 4 years, valuable living materials can be regarded as joint property of husband and wife." Therefore, the house, furniture and home appliances in this case should be divided according to joint property.

(3) According to the above judicial interpretation, Ding Lan has the burden of proof as to whether the motorcycle is a gift. If she cannot provide evidence that it is a gift, it will be regarded as her own property.

(4) Wang Shuishu’s income is the economic benefit obtained from intellectual property rights and should be regarded as the joint property of husband and wife. However, his income has been used to purchase professional books, which are personal items and should be owned by him.

(5) The one-bedroom house should not be divided. The dependent children and the non-fault party should be taken care of. Therefore, it can be divided to Wang Ping. Wang Ping should give Ding Lan compensation equivalent to half of the value of the house.

(6) Because the house purchased by one party before the marriage has been converted into the joint property of the husband and wife, the debt incurred for the purchase of the house is regarded as the joint debt of the husband and wife, and should be treated as the joint property of the husband and wife. repay. Only the remaining property can be divided after the debt is repaid.

According to the provisions of the current law, (1) If the debt borne by one party before marriage is used to live together as a family after marriage, that is, if a loan is borrowed to purchase a house for the life of the couple to live together, the debt borne by one party shall be regarded as Debts owed by the spouses shall be repaid with the joint property of the husband and wife. Only the remaining property can be divided after the debt is repaid. (2) "The property owned by one party before marriage, the house and other valuable means of production that are jointly used, operated and managed by both parties after marriage can be regarded as husband and wife after 8 years, and the valuable means of living after 4 years. **Same property," this expression is no longer applicable. The premarital property of one party shall be deemed to be the property of one spouse. Therefore, the household appliances should belong to Wang. The furniture should belong to Ding. (3) In this case, Ding’s adultery is not a statutory fault, but Wang can request the court to give appropriate preference in dividing property and other aspects.