March 2025
Introduction to the Supreme People's Court's Interpretation (II) on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China (Mainland China)
On January 15, 2025, the Supreme People's Court issued the "Interpretation (II) on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China" (hereinafter referred to as "Interpretation (II)"), which took effect on February 1, 2025. Interpretation (II) was enacted by the Supreme People's Court to correctly adjudicate marriage and family dispute cases, in accordance with the relevant legal provisions of the Civil Code of the People's Republic of China and in combination with trial practice. It is of great significance to clarify and unify the standards for the application of laws and maintain the harmony and stability of marriage and family. This article will provide a brief introduction to its key provisions.
Article 5: Irrevocability of Agreements on Adding Names or Changing Ownership of a House, While Safeguarding the Rights of the Granting Party
During the period before marriage or during the existence of the marital relationship, it is common for one party to add the other party’s name to a house or change its ownership, making it owned by the other party or jointly owned by both parties. This article explicitly stipulates that even if only an agreement to add a name or change ownership has been made, and the transfer registration has not yet been completed, the house can still be subject to division upon divorce. This provision essentially denies the right of arbitrary revocation of gifts between spouses, meaning that once both parties reach an agreement on house ownership changes, even if the legal transfer registration has not been completed, such an agreement should be taken into account during divorce. The specific method of division shall be determined by the judge based on relevant factors, and the house may be awarded to one party, with that party required to pay compensation to the other party.
At the same time, this article also stipulates that if the house has been registered under the name of the other party or both parties after marriage, but the duration of the marriage is relatively short and the granting party has no significant fault, the court shall, in principle, award the house to the granting party. The court will then comprehensively consider relevant factors to determine whether the granting party should pay compensation to the other party. This provision aims to protect the legitimate rights and interests of the granting party, preventing significant losses due to impulsive decisions or a lack of understanding of legal consequences.
Article 8: Ownership of a House Purchased by Parents After Marriage
A house, as the core asset of the family, its ownership has always been the focal point of disputes. This article stipulates that if parents contribute to purchasing a house for their child after marriage, and there is no special agreement, the house is deemed to be jointly owned by the couple. If the parents fully fund the purchase, during the division of the house, the court may award the house to the child of the contributing parents and determine whether that party should pay compensation to the other party. If both sets of parents jointly contribute or one set of parents partially contributes, the court may, based on the source and proportion of contributions, comprehensively consider relevant factors and award the house to one party, with that party required to provide reasonable compensation to the other party. This provision reflects consideration of the contributions made by parents while ensuring that the property rights of both spouses are reasonably protected during divorce.
Article 20: Effectiveness of Provisions in Divorce Agreements that Grant Property to Children
The effectiveness of provisions in divorce agreements that grant part or all of the couple’s joint property to their children has always been a matter of concern. This article clarifies that such provisions are considered one of the conditions of divorce, rather than ordinary gift-giving, and therefore, the granting party cannot exercise the right of arbitrary revocation. If one party fails to fulfill this agreement, the other party has the right to request that they continue to perform the obligation or bear civil liabilities such as compensation for losses. This provision aims to protect the legitimate rights and interests of children, ensuring that the property division provisions in divorce agreements are effectively enforced.
The issuance of Interpretation (II) reflects the law’s progressiveness and active response to the needs of the times. In this rapidly changing era, the stability and harmony of marriage and family are particularly important. This judicial interpretation refines the standards for legal application, avoiding unfair phenomena where significant property is easily obtained due to short-term marriages, while also affirming the value of family members’ contributions to the family.
Article 5: Irrevocability of Agreements on Adding Names or Changing Ownership of a House, While Safeguarding the Rights of the Granting Party
During the period before marriage or during the existence of the marital relationship, it is common for one party to add the other party’s name to a house or change its ownership, making it owned by the other party or jointly owned by both parties. This article explicitly stipulates that even if only an agreement to add a name or change ownership has been made, and the transfer registration has not yet been completed, the house can still be subject to division upon divorce. This provision essentially denies the right of arbitrary revocation of gifts between spouses, meaning that once both parties reach an agreement on house ownership changes, even if the legal transfer registration has not been completed, such an agreement should be taken into account during divorce. The specific method of division shall be determined by the judge based on relevant factors, and the house may be awarded to one party, with that party required to pay compensation to the other party.
At the same time, this article also stipulates that if the house has been registered under the name of the other party or both parties after marriage, but the duration of the marriage is relatively short and the granting party has no significant fault, the court shall, in principle, award the house to the granting party. The court will then comprehensively consider relevant factors to determine whether the granting party should pay compensation to the other party. This provision aims to protect the legitimate rights and interests of the granting party, preventing significant losses due to impulsive decisions or a lack of understanding of legal consequences.
Article 8: Ownership of a House Purchased by Parents After Marriage
A house, as the core asset of the family, its ownership has always been the focal point of disputes. This article stipulates that if parents contribute to purchasing a house for their child after marriage, and there is no special agreement, the house is deemed to be jointly owned by the couple. If the parents fully fund the purchase, during the division of the house, the court may award the house to the child of the contributing parents and determine whether that party should pay compensation to the other party. If both sets of parents jointly contribute or one set of parents partially contributes, the court may, based on the source and proportion of contributions, comprehensively consider relevant factors and award the house to one party, with that party required to provide reasonable compensation to the other party. This provision reflects consideration of the contributions made by parents while ensuring that the property rights of both spouses are reasonably protected during divorce.
Article 20: Effectiveness of Provisions in Divorce Agreements that Grant Property to Children
The effectiveness of provisions in divorce agreements that grant part or all of the couple’s joint property to their children has always been a matter of concern. This article clarifies that such provisions are considered one of the conditions of divorce, rather than ordinary gift-giving, and therefore, the granting party cannot exercise the right of arbitrary revocation. If one party fails to fulfill this agreement, the other party has the right to request that they continue to perform the obligation or bear civil liabilities such as compensation for losses. This provision aims to protect the legitimate rights and interests of children, ensuring that the property division provisions in divorce agreements are effectively enforced.
The issuance of Interpretation (II) reflects the law’s progressiveness and active response to the needs of the times. In this rapidly changing era, the stability and harmony of marriage and family are particularly important. This judicial interpretation refines the standards for legal application, avoiding unfair phenomena where significant property is easily obtained due to short-term marriages, while also affirming the value of family members’ contributions to the family.
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