| Four Model Cases Involving Marriage and Family Disputes Published by the Supreme People's Court | | 最高人民法院发布4起涉婚姻家庭纠纷典型案例 |
| (January 15, 2025) | | （2025年1月15日） |
| On January 15, 2025, the Supreme People's Court held a press conference to release the Interpretation (II) of the Supreme People's Court on the Application of the Book of "Marriage and Family" of the Civil Code of the People's Republic of China and model cases, and to answer questions from the press. Attending the press conference were Chen Yifang, the Chief Judge of the First Civil Division of the Supreme People's Court; Wu Jingli, the Deputy Chief Judge of the First Civil Division of the Supreme People's Court; and Wang Dan, a senior judge of the second class of the First Civil Division of the Supreme People's Court. Chief Judge Chen Yifang provided an overview of the Interpretation (II) of the Supreme People's Court on the Application of the Book of "Marriage and Family" of the Civil Code of the People's Republic of China and model cases. The press conference was presided over by Ji Zhongbiao, Deputy Director of the Information Bureau of the Supreme People's Court. | | 2025年1月15日，最高人民法院举行新闻发布会，发布《最高人民法院关于适用〈中华人民共和国民法典〉婚姻家庭编的解释（二）》及典型案例，并回答记者提问。最高人民法院民一庭庭长陈宜芳，最高人民法院民一庭副庭长吴景丽，最高人民法院民一庭二级高级法官王丹出席发布会。发布会上，最高人民法院民一庭庭长陈宜芳介绍了《最高人民法院关于适用〈中华人民共和国民法典〉婚姻家庭编的解释（二）》及典型案例的基本情况。发布会由最高人民法院新闻局副局长姬忠彪主持。 |
| Model Cases Involving Marriage and Family Disputes | | 涉婚姻家庭纠纷典型案例 |
| Case No. 1 Where one spouse adds the other spouse's name to their premarital house after marriage, the people's court may rule, upon divorce and the division of community property, that the house should belong to the spouse who made the addition. After considering factors such as the circumstances of their joint life, the court may also order the spouse who made the addition to provide reasonable compensation to the other spouse. | | 案例一：一方在结婚后将其婚前房产为另一方“加名”，离婚分割夫妻共同财产时，人民法院可以判决房屋归给予方所有，并综合考虑共同生活情况等因素合理补偿对方 |
| —Cui [REDACTED] v. Chen [REDACTED] (case of a divorce dispute) | | ——崔某某与陈某某离婚纠纷案 |
| Case No. 2: Where, during the marriage, one spouse's parents transfer ownership of their house and register it in the names of both spouses, the People's Court may rule, upon divorce and the division of community property, that the house should belong to the child of the contributing party. After considering factors such as the duration of the marriage and the circumstances of their joint life, the court may also order the contributing party's child to provide reasonable compensation to the other spouse. | | 案例二：婚姻关系存续期间，一方父母将其房产转移登记至夫妻双方名下，离婚分割夫妻共同财产时，人民法院可以判决房屋归出资方子女所有，并综合考虑婚姻关系存续时间、共同生活情况等因素合理补偿对方 |
| —Fan [REDACTED] v. Xu [REDACTED] (case of a divorce dispute) | | ——范某某与许某某离婚纠纷案 |
| Case No. 3: Where one parent or any of their close relatives forcibly seizes or conceals a minor child, and the other parent applies to the people's court for an injunction against infringement of personality rights, the people's court shall support the application. | | 案例三：父母一方或者其近亲属等抢夺、藏匿未成年子女，另一方向人民法院申请人格权侵害禁令的，人民法院应予支持 |
| —Case of Yan [REDACTED]'s application for an injunction against infringement of personality rights | | ——颜某某申请人格权侵害禁令案 |
| Case No. 4: Where a spouse gifts community property to a third party in violation of the duty of marital fidelity during a marriage, and the other spouse requests the third party to return the entire gifted property, the people's court shall support such a request. | | 案例四：夫妻一方在婚姻关系存续期间违反忠实义务将夫妻共同财产赠与第三人的行为无效，另一方请求第三人全部返还的，人民法院应予支持 |
| —Cui [REDACTED] v. Ye [REDACTED] and Gao [REDACTED] (case of dispute over a gift contract) | | ——崔某某与叶某某及高某某赠与合同纠纷案 |
| Case No. 1: Where one spouse adds the other spouse's name to their premarital house after marriage, the people's court may rule, upon divorce and the division of community property, that the house should belong to the spouse who made the addition. After considering factors such as the circumstances of their joint life, the court may also order the spouse who made the addition to provide reasonable compensation to the other spouse. | | 案例一：一方在结婚后将其婚前房产为另一方“加名”，离婚分割夫妻共同财产时，人民法院可以判决房屋归给予方所有，并综合考虑共同生活情况等因素合理补偿对方 |
| —Cui [REDACTED] v. Chen [REDACTED] (case of a divorce dispute) | | ——崔某某与陈某某离婚纠纷案 |
| [Facts] | | 【基本案情】 |
| Cui [REDACTED] v. Chen [REDACTED] (male) registered their marriage in January 2009. In February 2009, Chen [REDACTED] transferred the ownership of the house he had purchased before marriage and registered it in both his and Cui [REDACTED]'s names. Chen [REDACTED] is remarried and has a daughter, Chen [REDACTED]A, from his previous marriage. When Cui [REDACTED] and Chen [REDACTED] married, Chen [REDACTED]'s daughter was 15 years old. She attended a boarding school during the week and stayed at home on weekends and during holidays. Cui [REDACTED] and Chen [REDACTED] had no children. In 2020, they began living separately due to family conflicts. Cui [REDACTED] filed the present lawsuit, requesting the court to grant a divorce from Chen [REDACTED] and order him to pay her 2.5 million yuan as compensation for the property's value. Chen [REDACTED] asserted that the strained relationship between Cui [REDACTED] and his daughter exceeded his tolerance, and that their marriage had irretrievably broken down. Consequently, he agreed to the divorce. Cui [REDACTED] made no contribution to the acquisition of the house. Moreover, after marriage, Chen [REDACTED]'s bank card was always kept by Cui [REDACTED], and all household expenses were borne by Chen [REDACTED]. Therefore, Chen [REDACTED] agreed to pay only 1 million yuan as compensation. During the litigation, both parties acknowledged that the market value of the house in question was 6 million yuan. | | 崔某某与陈某某（男）于2009年1月登记结婚。2009年2月，陈某某将其婚前购买的房屋转移登记至崔某某、陈某某双方名下。陈某某为再婚，与前妻育有一女陈某。崔某某与陈某某结婚时，陈某15岁，平时住校，周末及假期回家居住。崔某某与陈某某未生育子女。2020年，双方因家庭矛盾分居，崔某某提起本案诉讼，请求判决其与陈某某离婚，并由陈某某向其支付房屋折价款250万元。陈某某辩称，因崔某某与其女儿陈某关系紧张，超出其可忍受范围，双方感情已破裂，同意离婚。崔某某对房屋产权的取得没有贡献，而且，婚后陈某某的银行卡一直由崔某某保管，家庭开销均由陈某某负担，故只同意支付100万元补偿款。诉讼中，双方均认可案涉房屋市场价值600万元。 |
| Judgment | | 【裁判结果】 |
| After trial, the court held that Cui [REDACTED] and Chen [REDACTED] had deep conflicts over trivial matters in daily life and with each other's family members, leading to the breakdown of their relationship. As both parties unanimously agreed to dissolve their marriage, and such dissolution was not contrary to the law, the court granted their request. The house in question was Chen [REDACTED]'s premarital property. The act of adding Cui [REDACTED]'s name after marriage constituted a disposition of personal property. Since the house is currently registered under joint ownership, it shall be partitioned as community property. As for the disputed partition proportion of the house, the house was originally Chen [REDACTED]'s premarital personal property, and Cui [REDACTED] made no contribution to its acquisition. However, considering that the marriage lasted for over ten years, and also considering both parties' contributions to the household and their financial arrangements, the court, at its discretion, determined that Cui [REDACTED] should receive 1.2 million yuan as compensation for the house's value. After the judgment had been pronounced, neither party appealed, and the judgment took legal effect. | | 审理法院认为，崔某某与陈某某因生活琐事及与对方家人矛盾较深，以致感情破裂，双方一致同意解除婚姻关系，与法不悖，予以准许。案涉房屋系陈某某婚前财产，陈某某于婚后为崔某某“加名”系对个人财产的处分，该房屋现登记为共同共有，应作为夫妻共同财产予以分割。至于双方争议的房屋分割比例，该房屋原为陈某某婚前个人财产，崔某某对房屋产权的取得无贡献，但考虑到双方婚姻已存续十余年，结合双方对家庭的贡献以及双方之间的资金往来情况，酌定崔某某可分得房屋折价款120万元。该判决作出后，双方均未提出上诉，判决已发生法律效力。 |
| [Significance] | | 【典型意义】 |
| In accordance with the provisions of Article 1065 of the Civil Code, A man and a woman may agree that the property to be acquired by them during their marriage and their premarital property may be owned by them separately or jointly, or partially owned separately and partially owned jointly. The agreement between husband and wife on the property acquired during the marriage and on their prenuptial property shall be legally binding on both parties. Where one spouse, during the marriage, converts separately owned premarital property into community property, such a transfer is generally based on the intention to establish and maintain a long-term, stable marriage and to jointly enjoy the benefits of the property. Upon divorce and the division of community property, a proper balance between both parties' interests should be maintained in accordance with the principle of good faith. In this case, both parties lived together for a long period; however, after marriage, the transferring party bore a larger share of household expenses. After comprehensively considering factors such as the circumstances of their joint life, both parties' contributions to the household, and the market value of the house, the people's court ruled that the house should belong to the transferring party, and determined at its discretion that the transferring party should compensate the other party with 1.2 million yuan. This decision not only protects the property rights of the transferring party but also recognizes the value of the receiving party's contributions to the household, making it a relatively fair outcome. | | 根据民法典第1065条规定，男女双方可以约定婚姻关系存续期间所得的财产以及婚前财产归各自所有、共同所有或者部分各自所有、部分共同所有。夫妻对婚姻关系存续期间所得的财产以及婚前财产的约定，对双方具有法律约束力。婚姻关系存续期间，夫妻一方将其个人所有的婚前财产变更为夫妻共同所有，该种给予行为一般是以建立、维持婚姻关系的长久稳定并期望共同享有房产利益为基础。离婚分割夫妻共同财产时，应当根据诚实信用原则妥善平衡双方利益。本案中，双方共同生活时间较长，但婚后给予方负担了较多的家庭开销，人民法院综合考虑共同生活情况、双方对家庭的贡献、房屋市场价格等因素，判决房屋归给予方所有，并酌定给予方补偿对方120万元，既保护了给予方的财产权益，也肯定了接受方对家庭付出的价值，较为合理。 |
| ．．．．．． | | ．．．．．． |
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