(Ecns.cn)--Heated debates have raged over division of property following the release of the Third Interpretation of China's Marriage Law on August 13.
According to the new law, when parents purchase a house for their child after he or she marries and register it in the child's name, the property is recognized solely as that person's personal property. In other words, home ownership is no longer shared based on marriage.
Supporters point out that "the new interpretation will bring a pure marriage," while opponents argue that "it will estrange couples and break up happy families."
Desperate wives
In China, where tradition dictates that the groom's family must provide a house for the newlyweds, the interpretation has sparked outcry among women and their parents. They argue that the new rule leaves the wife no stake in the house unless her parents chip in.
Others say the new law may be especially unfair to women in rural areas, where they would get neither their parents' house after marriage nor a share of their husband's in the event of divorce.
"They can't buy a house independently because of the Chinese economy and customs and gender discrimination in the workplace. That's why they rely on their husbands," attorney Zhang Weiwei told China Radio International.
Writer Lu Qi commented that the new law could be exploited by unscrupulous husbands. Some men might end their marriages at will and take the property to please their mistresses, while the wives get kicked out and left with nothing, he said.
Ms. Zhu in Nanjing, Jiangsu Province, might have something to say about that.
Due to her husband's extramarital affairs--which had resulted in a bastard child--Zhu filed for divorce on August 8. She was entitled to half of the house registered under her husband's name, since the real estate was regarded as the shared property of a married couple--even if it was given by the parents of one party.
However, the new law came into effect five days later, before the court had made a ruling on her case. Zhu was then told by the lawyer that the house was her husband's personal property and had nothing to do with her.
Even though her husband was to blame for the divorce, Zhu turned out to be the real victim.
Nevertheless, experts argue that there are misunderstandings of the new law, which in fact aims to protect the personal property of both the husband and the wife.
"Division of the property concerns both parties," said Wu Changzhen, a professor at the China University of Political Science and Law.
"If the real estate is purchased by parents of both sides, but only registered in the name of one of the spouses, the investment share is in accordance with the investment of both sides," added Zhang Weiwei.
