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The new interpretation also states: In
regard to money paid by both spouses
during the marriage for mortgage pay-
ments and their corresponding shares
in the property's appreciation, the
spouse who is the registered property
owner should give compensation to the
other spouse at the time of divorce, in
accordance with the principles stipu-
lated in article 39, paragraph 1, of the
Marriage Law.
This is kind of a relief to Deng.
She believes she is fully capable of
managing well her marriage and pro-
tecting her own rights and interests by
Lifestyle
the power of law and her own inde-
pendence.
In fact, Zhang has been regarding
this housing unit as their shared prop-
erty from the very beginning, so he has
no objection to the request of adding
Deng’s name on the certificate. He
understands this is a mother’s intuition
to protect her daughter and he also
understands that this property took all
his parents’ savings, which also reflects
their love for their son. So what he can
do is to try to persuade and reconcile
the two old couples.
Though the reconciliation takes
time and one can’t expect the two par-
ents to change their minds in one day,
Deng and Zhang have reached agree-
ment. They got their marriage license
during the National Day holiday.
Because of the new interpretation,
the couple’s wedding was postponed
but it also gives them a chance to
think over marriage.
Sometimes, Deng tells Zhang, jok-
ingly, that if they gave birth to a girl in
the future they should teach her to be
independent and encourage her to buy
a housing unit of her own, at least pay
half down the payment.
Confucius Institute
VOLUME 16 | NO.5 SEP. 2011
On August 13, 2011, the Supreme People’s Court released“Interpretation (III) of the Supreme People's
Court of Several Issues on the Application of the Marriage Law of the People's Republic of China,” to pro-
vide interpretations regarding property disposition. For the first time, it makes clear that the immovable
property purchased by a spouse before marriage is that spouse’s property; and the immovable property
purchased by a spouse's parents for that spouse during a couple's marriage, if the property right is reg-
istered in the recipient spouse's name, is that spouse's separate property. This interpretation sparks loud
debate in the Chinese society and legal circles and people hold widely different opinions.
7 6 NOV. 20 1
SUNYUANMING, DIRECTOR, CHONGQINGAPPLIED PSYCHOLOGY CENTEROFTHE ACADEMYOF SOCIAL SCIENCES:
The interpretation relieves women from the subordinate status of“benefit frommarriage and pay backmar-
riage,”which complies with themodern women’s independent spirit.When“contributions” is not one spouse’s
responsibility alone, the two parties both shouldmake joint effort. To promote this trend is also a reflection of the
improvement of theMarriage Law.
HE JUNPING, PROFESSOR, CHINAUNIVERSITYOF POLITICAL SCIENCES AND LAW:
Considering China’s conditions, man is usually responsible for buying a housing unit andwomanmoves in. As to
the ownership of the housing unit purchased beforemarriage and both the spouses pay the loan, the duration of
themarriage and the amount of the loan should be taken into consideration. If themarriage lasts a long time and
the amount of the loan that the two spouses have paid together is large, it is not conducive to protectingwomen’s
property rights and interests if the housing unit is determined to be one spouse’s separate property.
MAYINAN, PROFESSOR, LAWSCHOOL OF PEKINGUNIVERSITY:
In current Chinese society where housing is so costly, the public is very sensitive about the policies relating to
housing issues. This interpretationmay vulgarizemarriage and family relations.
NETIZEN:
In the expensive housing era, many young people can’t afford a housing unit. They don’t want to put a burden
on their parents, and don’t want to cause unnecessary troubles, either. It’s better to rent an apartment instead of
becoming a“housing slave.”
YANG LIXIN, EXECUTIVE DIRECTOR, CHINA LAWSOCIETY ANDCHINA'SMARRIAGE LAWSOCIETY:
This interpretation doesn’t cover the topic of the property disposition in the cases of rural women’s divorce. In
China’s rural areas, the wedding houses are usually built by theman’s family. According to the interpretation, the
house is the husband’s own property, which does not reflect attention and protection of rural women’s rights and
interests.