China clarifies real estate split in divorce

Updated: 2011-08-12 21:48

(Xinhua)

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BEIJING - China's Supreme People's Court (SPC) issued a judicial explanation on Friday over the settlement of disputes concerning real estate in the country's increasing number of divorce cases.

According to the explanation, a house bought by parents and registered under their child's name remains the personal property of the child after the child gets married, which means the other part in the marriage will not become co-owner of the house.

"Parents who buy their children houses used to worry that their children's divorces could result in the loss of family property," said SPC spokesman Sun Jungong, adding that the explanation was issued after receiving nearly 10,000 public views.

Amid soaring real estate prices, more divorcing couples have struggled to gain a share of property ownership, as houses have become an extremely lucrative and contested matter.

Many people applauded the stipulation and said that it was in line with "China's real situation and social convention," and was helpful in settling disputes, Sun said.

If a house is purchased by both sides of parents and the marriage ends in divorce, the house can be split according to each side's contribution, Sun added.

The judicial explanation, which takes effect on Saturday, is the third of its kind after two previous in 2001 and 2003.