Interpretation of the Supreme People's Court on Certain Issues Concerning the Application of the "Marriage Law of the People's Republic of China" (III)

For the purpose of proper hearing of cases involving matrimonial and family disputes, the issues concerning the application of the Marriage Law of the People's Republic of China (hereinafter referred to as the "Marriage Law") by the people's courts are hereby interpreted as follows in accordance with the provisions of the Marriage Law, the Civil Procedure Law of the People's Republic of China (hereinafter referred to as the "Contract Law"), and other relevant law and regulations:

Article 1     Where the parties apply for annulment of marriage under the circumstance other than those as provided for in Article 10 of the Marriage Law, the people's court shall rule to reject the application filed by the parties.
Where the parties institute a civil lawsuit, claiming cancelation of marriage registration, on the ground that there are defects in the marriage registration procedure, the people's court shall inform that they may apply for administrative review or institute an administrative proceeding.

Article 2     Where a spouse files an action, claiming confirmation of non-existence of paternity, with the people's court and has already provided the necessary evidence, and the other spouse does not have any evidence to the contrary and refuses to take a paternity test, the people's court may presume that such claim is justified.
Where either party files an action claiming confirmation of paternity and has already provided the necessary evidence for proof, and the other party does not have any evidence to the contrary and refuses to take a paternity test, the people's court may presume that such claim is justified.

Article 3     During marriage, where one or both of the parents refuse to fulfill the obligation to provide for their child and the child who is a minor or unable to live independently requests his/her parent(s) to pay child maintenance, the people's court shall uphold such request.

Article 4     During marriage, where a spouse requests division of community property, the people's court shall not uphold such request, except for the circumstance where there are the following major reasons without prejudice to the interest of the creditor:
(1) One party is found to have behavior that severely impairs the interests of their community property such as concealing, transferring, selling off, destroying, or squandering their community property or forging their community debt; or
(2) One party who has statutory duty of maintenance suffers from a critical illness and needs medical treatment, and the other party refuses to pay the relevant medical expenses.

Article 5    Any proceeds that are generated, after marriage, from the personal property of a spouse, other than fruits and unearned increment, shall be determined as community property.

Article 6     Where, before or during marriage, both parties agree that the house property owned by one party is bestowed on the other party, but the donor revokes the gift prior to the registration of change of the house property and the other party requests a court decision on continuing the performance of the gift, the people's court may handle the case according to the provisions of Article 186 of the Contract Law.

Article 7    With regard to immovable property purchased, after marriage, using funds from the parents of one party, if the property ownership thereof registers under the name of the child of the investors, such immovable property may be deemed as a gift only to the investors' child according to the provisions of Item (3) of Article 18 of the Marriage Law, and shall be determined as the personal property of a spouse.
With regard to immovable property purchased using funds from the parents of both parties, where the property ownership thereof registers under the name of one party, such immovable property may be determined to be owned by the parties in proportion to their respective parents' share in capital contribution, unless otherwise agreed upon by the parties.

Article 8     Where the spouse of a person having no capacity for civil conduct has the act that severely impairs the personal right or property rights and interests of the party having no capacity for civil conduct such as abuse or abandonment, any other person with guardianship eligibility may require changing the guardianship relationship according to special procedure. Where the changed guardian represents the party having no capacity for civil conduct to institute a divorce proceeding, the people's court shall accept it.

Article 9     Where a husband makes a claim for damages on the ground of infringement of his reproductive right due to termination of pregnancy by his wife without his consent, the people's court shall not uphold it. Where both spouses have a dispute over whether or not to bear a child, resulting in alienation of mutual affection, and one party requests divorce, the people's court shall, after mediation fails, deal with the case according to the provisions of Item (5) of Paragraph 3 of Article 32 of the Marriage Law.

Article 10     Where a spouse executes a contract for the sale and purchase of immovable property before marriage, pays down payment with his/her personal property, takes a loan from a bank, repays the loan with the community property of both spouses after marriage, and registers the immovable property under the name of the payer of down payment, both parties shall dispose of the immovable property by agreement upon divorce.
Where both parties fail to reach an agreement according to the preceding paragraph, the people's court may rule that such immovable property vests in the party whose name is stated in the property ownership registration certificate, and the loan outstanding thereof shall be the personal debt of such party. In respect of loan repayment jointly paid by both parties after marriage and the corresponding property increment thereof, the party whose name is stated in the property ownership registration certificate shall pay compensation to the other party upon divorce according to the principle specified in Paragraph 1 of Article 39 of the Marriage Law.

Article 11     Where a spouse sells a house under co-ownership without the consent of the other spouse, the third party makes the purchase and payment in good faith at reasonable consideration and completes the property ownership registration formality, and the other spouse makes a claim for recovering the house, the people's court shall not uphold such claim.
Where a spouse disposes of the house under co-ownership arbitrarily, causing loss to the other spouse, and the other spouse claims against the compensation for the loss at the time of divorce, the people's court shall uphold such claim.

Article 12     Where both spouses make capital contribution to purchase a house under the housing reform scheme in the name of the parent of one spouse with their community property during marriage, the property ownership is registered under the name of such spouse's parent, and the other spouse makes a claim for division of the house as their community property upon divorce, the people's court shall not uphold such claim. Such contribution for the purchase of the house may be treated as creditor's rights.

Article 13     Where a spouse, upon divorce, has not retired and fails to meet the requirements for receiving endowment insurance benefits, and the other spouse requests division of the endowment insurance benefits as their community property, the people's court shall not uphold it; where the endowment insurance premium is paid with the community property of both spouses after marriage, and one party makes a claim, upon divorce, for dividing the portion in the pension account actually paid by him/her during marriage as the community property of both spouses, the people's court shall uphold it.

Article 14     With regard to a property division agreement reached by both parties based on divorce registration or filing for divorce by agreement with a people's court, if both parties fail to get a divorce by agreement, and one party repudiates the property division agreement in the divorce proceeding, the people's court shall hold that the property division agreement has not become effective and the community property shall, according to the actual situation, be divided according to the law.

Article 15     Where the estate that may be inherited legally by a spouse as an inheritor during marriage has not actually been divided among the inheritors, and the other spouse requests the division thereof when an action is filed for divorce, the people's court shall inform the parties to file an action separately after actual division of the estate among the inheritors.

Article 16     Where both spouses conclude a loan agreement lending their community property to one spouse for engaging in personal business operations or using in other personal affairs, such act shall be regarded as disposal of the community property as agreed by both spouses. Upon divorce, the estate shall be dealt with according to the loan agreement.

Article 17     Where both spouses are under the circumstances of faults as provided for in Article 46 of the Marriage Law and one or both of them makes a claim for divorce damages against the other party or each other, the people's court shall not uphold it.

Article 18     Where, after divorce, one party files an action claiming division of property with the people's court on the ground that there is community property to be dealt with, and the community property, after examination, is indeed found to have not been dealt with during divorce, the people's court shall divide the community property according to the law.

Article 19     After this Interpretation becomes effective, where relevant judicial interpretations previously made by the Supreme People's Court contradict with this Interpretation, this Interpretation shall prevail.