Chinese Law Could Make Divorced Women Homeless

[Liberal_in_LA]

Chinese Law Could Make Divorced Women Homeless

BEIJING — Millions of Chinese women, and some men, woke on Aug. 13 to discover their spouse had, in effect, become their landlord.

On that day, the Supreme Court’s new interpretation of the 1980 Marriage Law came into force, stipulating that property bought before marriage, either outright or on mortgage, reverted to the buyer on divorce. Previously, the family home had been considered joint property. Experts agree the change would mostly affect women, since men traditionally provide the family home.

The result has been uproar — and, in the cities, a rush to add the wife’s name to title deeds.

Some husbands have agreed to this, but others have balked, and Chinese news outlets have already reported on marriage breakdowns caused by a husband’s refusal to add his wife’s name.

Marriage law experts and feminists are asking: Did China just take a great leap backward?

http://www.nytimes.com/2011/09/08/world/asia/08iht-letter08.html

[Romulox]

1. The same is true in most US states: "property bought before marriage...reverted to the buyer"

Actually, the US version of "separate property" goes further--spouses continue to own their separate property before, during, and after the marriage.

[Kurska]

2. I honestly don't see the problem with this.

Maybe there is a special consideration for housing, but if I own say a family keepsake before the marriage, get married and then divorce why wouldn't it still be my keepsake?

I wasn't aware marriage apparently was supposed to mean every single thing you have is merged into theirs.

[OneTenthofOnePercent]

3. I agree with the idea of sole ownership of something very valuable throughout (& after) marriage

If I solely owned a car or house (or any number of valuable items/heirlooms) before marriage, then those items should remain my property regardless of marital status unless otherwise gifted during marriage. In my opinion, the only items that should be split or jointly owned are items and wealth accrued after marriage or items outlined in a prenuptial agreement (or will).

[mainer]

4. Since there's a shortage of marriageable women in China

This is only going to hurt men trying to find wives.

But I can't say I disagree with the new law. Imagine saving half your life to own your house, then see it lost when your bride of two years divorces you?

[Habibi]

5. If there's a mortgage, and the spouse is helping to pay it off,

shouldn't he/she be entitled to its value upon divorce? Similarly, if there are taxes, improvements, etc., and the spouse contributes to such, shouldn't he/she be entitled to the value of those?