both live in China mainland, still living in Canada, most Chinese have a serious "housing plot", married to buy a house, as unalterable principles. But in case of marriage after the break, the end of marriage, the couple's home often become the focus of the divorce battle contention. So, people in Canada, with mainland China what is the difference? Ehouse411 reporters with issues of concern to users, interviewed in the Canadian marriage and Property Law Lawyer Liu yan.
(a) premarital marriage in China is premarital property, marriage without allocation, in Canada before marriage and marriage is how to allocate the purchase?
Liu Yan lawyer said the problem can be divided into a variety of situations.
before the purchase:
(1) small A and small B before the purchase, the first is to buy the marriage room for marriage, the two sides invested, then the housing shall be counted as the marriage room, in general should be both ownership. In accordance with Canada's relevant laws, both parties have the right to choose to purchase in accordance with the proportion of shares held, you can share regardless of share. But in reality, whether Canadians or Chinese, in accordance with folklore, in order to marry the acquisition of property, will generally choose to share the common property of both spouses.
(2) the second case, before marriage small A funded purchase, wrote a small A name or name of the two people, small A ownership of the property in the real sense.
(3) small A and small B face divorce, the problem becomes complicated. Because Canada is the marriage and family law of marriage both sides uphold the principles of fairness and justice, while the small A owned money out of the room, but then rely on small B earn money for the family, may have little B to spend money to decorate the house, there may be little B for children's education support were the main input, then the allocation of property rights house is not 100% for small A, when divorce by the judge in accordance with the specific case fair award.
after marriage purchase:
(1) whether property is small A or small B money, either registered in small A or small B name, both sides are common property rights. Unless the purchase of property registration signed a special agreement, indicating that the property is small A personal investment, and small B also agreed that there are exceptions.
(2) if divorced, judges also distribute according to the fairness principle of marriage and family law.
(two) Chinese many parents will have to worry about their children in Canada, to buy a house, this house will become children after marriage husband and wife two people have in common, but also in case of divorce and others property, will become a "tragedy of Baoqiang Wang"?
Yan lawyer said, similar to the example of Baoqiang Wang has also been a lot of people asked. After marriage, the couple is mainly because many property interdependence, common life common accumulation, the financial situation in the family property for the measurement, it is hard to know the whereabouts of the source, the laws of Canada for the principle of fairness, once the dispute, in accordance with the relevant legal procedures of marriage and family, by the Canadian court ruling. So, just before or after marriage and property, to set up a family within the "family trust" to avoid property disputes are not uncommon after day. The
family trust system is a legal system of Anglo American law system in daily life often involves a lot of English law to apply the territory, for example according to the law of Hongkong, the printing of more than a family trust property to hear the local star placement case, but Chinese, did not have the same legal system, application of so many immigrants and investors in Chinese from Canada will not consider the purchase of the property of this legal system, but the system of a lot of benefits to the foreign sellers Chinese passport, to remind you pay more attention to. Three
examples of the family trust is often used in the purchase of (1) beware of the divorce property disputes. When buying real estate for family trust, the establishment of the name and property certificate is small A, the beneficiary is a small A parents. In the future if a small A marriage problems, the actual ownership of the property is their parents, do not and small B sub real estate.
(2) avoid selling or gift vat. For example, when buying a house, after thinking about the house left to the children, you can make good use of family trust, gift when reasonable tax avoidance.
(3) solving loan problem. If children buy a house, because credit and other reasons for the loan can not be approved, you can apply for loans to parents, the establishment of Trust Income artificially funded children.
above, just enumerated some situations, each person's family situation is different, specific can consult Liu Yan lawyer. To provide customers with China bilateral cross-border professional legal services lawyer Yan
home. Has the double legal license in China and Canada, in Beijing, Shanghai, Shenzhen Chinese, Canada Toronto, Markham, Mississauga city with branch offices. Yan lawyer team members understand Chinese and Canada related legal culture background, a variety of laws on the Canadian real estate, family law, company law, intellectual property, immigration law, Chinese in-depth understanding of customer needs, fast and efficient, is Chinese intimate.
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