How will the court resolve the division of marital property involving a third party in an upcoming divorce?
Common Obligations Regarding Marital Property of Spouses
Pursuant to Article 9 of the Draft Resolution guiding the settlement of marriage and family disputes issued by the Council of Judges of the Supreme People's Court, the common obligations regarding marital property of spouses are regulated as follows:
- Obligations undertaken by one spouse or both spouses to meet the essential needs of the family as stipulated in Clause 2, Article 37 of the Law on Marriage and Family.
- Essential needs are ordinary living requirements such as food, clothing, housing, education, medical examination, treatment, and other indispensable daily needs for the life of every person and every family.
How will the property of spouses be settled in the upcoming divorce policy?
Agreement to Establish Marital Property Policies for Spouses
Pursuant to Article 12 of the Draft Resolution guiding the settlement of marriage and family disputes issued by the Council of Judges of the Supreme People's Court, the agreement to establish marital property policies for spouses is regulated as follows:
- In cases where the Court resolves the division of marital property during a divorce proceeding and finds that the agreement on the property policies of the spouses violates Clause 1, Article 50 of the Law on Marriage and Family, the Court has the right to declare such agreement null and void.
At the same time, the effectiveness of the agreement to establish marital property policies is also stipulated in Article 11 of this Draft:
- In the case where both parties to a marriage choose property policies through an agreement, this agreement must be made before the marriage, in written form and notarized or certified. The marital property regime under the agreement is effective from the date of marriage registration.
- During the marriage period, spouses have the right to agree to modify, supplement part or all of the contents of the property policies, or apply the property policies according to the law. Any amendment or supplementation to the property policies of the spouses must be notarized or certified according to the law.
Disposition of Separate Property of Spouses
Pursuant to Article 10 of the Draft Resolution guiding the settlement of marriage and family disputes issued by the Council of Judges of the Supreme People's Court, the disposition of separate property of spouses is regulated as follows:
- In cases where the property belongs to the separate ownership or use right of one spouse but is managed and used jointly, if the property’s value increases over time from the initial value, the spouse must prove this increase. If it is proven that the value increase is attributable to the separate property of the owner or user, the disposition of the property does not require the consent of the other spouse. Conversely, if the value increase is not proven to be from the separate property of the owner or user, disposition requires the agreement of both spouses.
- In cases where the separate property of a spouse generates profits or income and this is the only source of family sustenance, the disposition of such separate property requires the consent of both spouses.
Division of Marital Property Involving a Third Party
Pursuant to Article 13 of the Draft Resolution guiding the settlement of marriage and family disputes issued by the Council of Judges of the Supreme People's Court, the division of marital property involving a third party is regulated as follows:
- In divorce cases where the dispute involves the division of marital property and the litigant(s) (either the plaintiff or defendant) requests a resolution of property rights and obligations with a third party, but the third party does not request a resolution when summoned by the Court, and both the plaintiff and defendant maintain their requests, the Court will still resolve the property rights and obligations of the spouses with the third party.
- In these cases, the judgment must acknowledge whether the property rights and obligations of the spouses are joint or separate and reserve the right of the third party to file a lawsuit in a separate case.
Therefore, if your mother-in-law is a related third party but does not request a resolution, the Court will still proceed if both spouses maintain their request.
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