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说说新婚姻法的那点事

2011-08-31来源:CRI

Wang Jiabin, a clerk with the Property Ownership Registration Center of Yangzhou city says since August 13th, the office has seen more than ten couples per day seeking property ownership registration services.

In Foshan, Guangdong province, Mr. Qiu is currently carrying out the procedures for property registration of his new apartment, as he wants to have his and his wife's name on the deeds of the new apartment he has just bought.

"A couple is expected to be with each other for the rest of their lives, and the property should be owned by both of them."

Many people believe it does not matter whether the husband or the wife is the owner of their apartment, being happy together is the most important thing. Yet, others claim it would be hard to protect their own rights during a marriage dispute if ownership is not clearly defined. One citizen in Shanghai gives his opinion.

"I think if the couple has deep affection for one another, it doesn't matter what the ownership status of their house is. But I won't add my wife's name to the apartment I have bought, because even though we love each other today, it's not definite that we will still be in love tomorrow."

The judicial interpretation that came into effect this August is the third interpretation of the Marriage Law since its implementation in 2001, addressing the most controversial issue of property ownership during marriage disputes.

Before the third amendment, real estate was usually regarded as the shared property of a married couple even if it was given by the parents of one party as a marriage gift.

Some people say that the interpretation is "generally fair" as it respects the will of parents who gave out the property as gifts, and the interpretation will be "efficient in judicial practice" as it clarifies ownership of the property.

For the first time, the new interpretation also regulates that properties purchased with a mortgage prior to a marriage only belong to the party who registered the property under his or her name.

If the other married party helps pay back the mortgage loan after the marriage, he or she can receive a reasonable amount of compensation from the property owner if the couple divorce. At an earlier press conference, the Supreme People's Court spokesman Sun Jungong said this arrangement was "fairer" to the spouses than the previous state of affairs.

For CRI, I am Zhang Wan.