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父母赠与的财产是否为共同财产
作者:admin 发布于:2019-01-10 16:35

案情介绍:
 
Introduction of the case:
 
 
 
2005年7月王某将自己的二层楼房过户给已婚儿子王小,登记产权所有人为王小,2008年9月王小与妻子丁某闹离婚,对该房所有权产生争议。诉至法院要求裁决。
 
In July 2005, Wang transferred his second floor building to his married son Wang Xiao. The owner of the registered property right was Wang Xiao. In September 2008, Wang Xiao and his wife Ding Mou divorced and disputed the ownership of the house. Appeal to the court for a ruling.
 
 
 
【争议】
 
[controversy]
 
 
 
子女结婚以后父母赠与的财产是否属夫妻共同财产?对此有两种不同意见。
 
There are two different opinions on whether the property given by parents after their children get married belongs to the common property of husband and wife.
 
 
 
第一种意见认为,该房子属王小的个人财产。因为王某在过户登记时将所有权人登记为王小的名字,意味者王某赠与意思给王小非王小夫妇,最高院婚姻法解释二规定“婚后父母明确赠与一方的为个人财产”,所以该房应归王小个人所有。
 
The first opinion is that the house belongs to Wang Xiao's personal property. Because Wang registered the owner as Wang Xiao's name at the time of household registration, the meaning of Wang Mou's gift is to Wang Xiaofei Wang Xiao's couple. The interpretation of the Supreme Court Marriage Law stipulates that "after marriage, parents clearly give one party their personal property", so the house should be owned by Wang Xiao.
 
 
 
第二种意见认为,该房属王小夫妻共同财产。首先,王某将房屋过户时的时间界限在王小婚姻关系存续期间,夫妻关系存续期间房屋登记在一方名下的为共同财产;其次,王某在赠与时也未明确表示将该房产赠与给王小个人。
 
The second opinion is that the house belongs to the property of Wang Xiao's husband and wife. First of all, Wang Mou put the time limit of house transfer in the period of Wang Xiao's marriage. During the period of husband-wife relationship, the house registered under one party's name is the common property. Secondly, Wang Mou did not express clearly that the house was given to Wang Xiao at the time of donation.
 
 
 
【评析】
 
[comment]
 
 
 
笔者同意第二种意见。
 
The author agrees with the second opinion.
 
 
 
婚姻法第十八条第(三)项规定“赠与合同中确定只归夫或妻一方的财产为个人财产,否则是夫妻共同财产;”最高法院关于适用《婚姻法若干问题解释二》第二十二条规定“结婚后,父母为双方购置房屋出资,该出资应认定为对夫妻双方赠与。该案王某在将房屋过户给王小时既没有签定书面合同,也没有口头明确赠与给王小个人,且那时王小夫妇和睦,通常作为父母赠与财物的真实目的是让儿女生活得更幸福,更和谐,不会想到离婚时分割财产。至于房屋登记簿上的所有权人的名称不影响共有财产的性质,所以婚后父母赠与财物未明确给一方的情况下认定为共同财产更符合立法和司法解释的精神。
 
Article 18 (3) of the Marriage Law stipulates that "in the gift contract, the property that belongs to the husband or one of the wives is determined to be personal property, otherwise it is the common property of the husband and wife"; Article 22 of the Supreme Court's Interpretation of Certain Questions of the Marriage Law stipulates that "after marriage, the investment of the parents for the purchase of houses by both parties shall be considered as the gift of the husband and wife. In this case, Wang did not sign a written contract or give the house orally to Wang Xiao. At that time, Wang Xiao and his wife were in harmony. The real purpose of the gift was to make the children and girls live happier and more harmonious. They did not think of divorcing their property when divorcing. As for the name of the owner in the housing register, it does not affect the nature of the joint property, so it is more in line with the spirit of legislation and judicial interpretation to identify the joint property when the property donated by parents after marriage is not clearly given to one party.

 


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