Nowadays, young people's willingness to get married is really getting lower and lower, because there will always be certain pitfalls when getting married. For example, the marriage partner may have bad intentions, and then the sky-high bride price incident and so on.
And if you want to get married, you have to buy a house and a car, and some ordinary families can't afford to get married.
Not to mention the so-called washing phenomenon in big cities such as Beijing, Shanghai, and Guangzhou, which has attracted a lot of public attention and even condemnation.
And this will once again hit the desire and passion of young people to get married. So what exactly is the housewashing phenomenon? Why do many people hate this phenomenon?
1. Secretly exchanging personal property
In mainland law, it is clearly stipulated that the property of two people before marriage is premarital property, and this property belongs to the individual.
That is to say, if the marital relationship between two people breaks down, the premarital property after the divorce does not belong to the category of shared by both parties, and whoever owns the premarital property will still belong to it in the future.
Only after marriage will the property be divided equally between two people. After marriage, regardless of which of the two people earns more money and who earns less, and what their contribution to the family is, the property is shared in order to ensure fairness and justice to the greatest extent.
In such cases, some people will certify their personal property before getting married, or choose to buy a house before marriage and write only their own name. In this way, you can ensure that the money you have worked hard to earn after the divorce will not be divided.
This is also an effective way to prevent some professional marriage fraudsters from using marriage to cheat money. But there are still some marriage scammers who have found a new way, and that is to wash the house.
Let's first understand what a washing room is. To put it bluntly, it is to obtain the other party's real estate through divorce and property division after marriage.
For example, the person who fools himself into admitting that the property is not pre-marital property, but post-marital property.
In this way, after the divorce, the property purchased by the other half before the marriage is also divided into the category of equal division, so the washing house is essentially a term for the transfer of real estate sovereignty.
And from a legal point of view, this kind of behavior is not illegal, he is just wandering on the edge of the law.
If, after getting married, either party finds that the property acquired before the marriage has been turned into so-called marital assets by the other half in various ways after the marriage. Moreover, if the other party has already thought about divorce, I am afraid that it will cause quite serious property losses in the end.
And the more economically developed the place, the more common this situation is. Beijing, Shanghai, and Guangzhou all have the phenomenon of washing houses, which will once again seriously hit the willingness of young people to get married.
We will now give you a brief introduction to how some people complete the laundry.
2. Marriage cheaters are clever in their methods
This has happened in Shanghai before.
An aunt had already bought a two-bedroom house for her son a few years before he got married, because he had money in his hands at that time, and besides, his son would get married sooner or later, so it was safe to buy a house in advance.
Later, his son found a Shanghai drifter from other places.
Before getting married, the woman was very reasonable, not only did she not ask too much, but she didn't ask for much of the bride price, which made the aunt's family feel very relieved.
Soon after the two got married, the girl made a request to get a new house. To put it bluntly, it is to sell the current house first, and then buy a new one.
And the girl who was very reasonable before marriage threatened her husband and parents with this matter after marriage.
She said she wouldn't have children if she didn't buy a new house.
And the aunt's family itself is very kind, taking into account the overall situation, and agreed to the girl's request. They sold the house they had given to their son and bought a new one.
Originally, they thought that the girl was just dissatisfied with the original living conditions and wanted to enjoy better living conditions.
Unexpectedly, soon after buying a new house, the girl filed for divorce and took away half of their family's property through legal means.
In this way, everyone should understand what the specific means of operation are.
The house that this Shanghai aunt originally bought for her son was 100% premarital property, and even if the girl wanted to divorce the boy, it would not be her turn to divide the premarital property.
So she didn't make any excessive demands before getting married, and used this method to make the aunt's family relax their vigilance.
After letting her guard down, she changed her previous reasonableness and asked for a split house. But the reason she gave was quite legitimate, saying that she wanted to live in a new house.
Coupled with the fact that she had deceived her husband's parents through her reasonable performance, her husband's family finally agreed to change the house.
If you sell the original house and buy it back, it will be considered marital property.
The new house was bought after the two of them got married, which is legally defined as a joint effort between the two of them. Then if the girl asks for a divorce from her husband, she will be able to share half of the money.
If her husband does not divorce, she can separate first, and then sue the court for divorce after a period of separation, and she can still divide the money. In this way, the washing process was completed smoothly.
This is obviously a new type of marriage fraud.
Of course, most young people must be living with sincerity, but there are also some people with low moral literacy who regard marriage as a ladder for promotion.
They even want to seek personal interests for themselves through marriage, including work interests and property interests.
From the perspective of this case, the Shanghai drifting girl may have already made up her mind to divide her husband's family's property.
In fact, this girl is obviously playing the edge ball of the law.
Because according to the provisions of the Civil Code of the mainland, if one party after marriage uses the proceeds from the sale of personal pre-marital property to purchase a new property, the house price is equivalent and the purchase price is not mixed with the joint property of the husband and wife after marriage, and there is no other agreement with the spouse, then the new property purchased is personal real estate.
But the girl had asked for her name to be added to the new house.
And they sold their original house, and some of the funds left behind went into the couple's joint account.
So if we want to avoid this phenomenon, the best solution is to sell the pre-marital property and put it in a special card, and use it for a special card.
And ensure that the property purchased before marriage is equivalent to the property replaced after marriage, so as not to be deceived.
3. There are also provisions in the law
Many people may think that the law requires the husband and wife to divide the marital property equally after divorce, which is a bit impersonal and unfair, but such an idea is wrong.
Because after two people are married, there is no clear standard for measuring the contribution of each person to the family.
Many people may think that it is enough to measure it by the amount of salary, but this itself is also biased.
It may be that one of the partners earns more and earns more money, but the other partner may provide more support in emotional or daily life. For example, doing housework can be regarded as a contribution to the family.
Therefore, in the case that the contribution of both parties to the marital relationship cannot be fully defined, in principle, it is the fairest and most just to adopt the method of equal division.
But at the same time, the court will also consider a variety of factors when reviewing such post-divorce property entanglement cases.
For example, the court will consider the source of the property, the length of the marriage, and who made the mistake in the divorce. After that, the property will be divided.
For example, if the reason for the divorce is that one of the parties cheats and destroys the marital relationship first, then the other party can ask the other party to leave the house or share more of his property.
For example, if one of the parties is a marriage cheater after the two parties get married, and they ask for a divorce to divide the property shortly after they get married, then the court will not support such a request.
At the same time, I also hope that some young people should be sincere when they get married and fall in love, and don't use love as a tool.
Love itself is beautiful, and marriage is what everyone yearns for, if you are always calculating in front of the person you love, you always have to calculate who pays more to the family and who pays less to the family, then such a marriage is not interesting.
The Marriage Law exists to protect the good life of newlyweds, and not to become a tool used by some people for personal gain.
Therefore, I also hope that some people who have the idea of washing the house, or are doing this, can stop in time and pay attention in time, and this will not end well.
It seems that you have gained money, but in fact you will make yourself infamous, how can anyone believe in the future people who will go to the bathroom.
The best way is to break out of the world with your own hands, rather than doing this kind of small action behind your back, even if you can temporarily gain benefits by relying on this kind of edge ball, the money you get will not last long.
Epilogue:
Love itself is sacred, and the marital relationship should also be sacred.
I also hope that young people nowadays can pay more attention to their feelings, and don't always mix too much shrewd calculations in their feelings and lives. This is not a good thing for yourself, and it is even more of a psychological harm to the other party.
Now that they are married, they should shield each other from the wind and rain, instead of stabbing each other in the back. It is difficult to eliminate the phenomenon of washing rooms in law, but everyone must keep their eyes open and eliminate it psychologically.
References:
Liu Lian's anecdote2024-06-06The northern house washing incident is frequent, and parents have been recruited, and the house is in endless trouble after such a wash
Xiao Li2024-05-12 The phenomenon of "washing rooms" in Shanghai and Beijing has caused many parents to panic, and many families have suffered from it
Wu Kancai2023-05-13 It is so hateful that "washing" has become popular in Beijing, Shanghai, Guangzhou and other places, and many families have suffered from it