New home front opens up in divorce battleground

[Cartoon by Zhao Tianqi]

Cashing in

Some observers hope the new judicial interpretation can gradually eliminate the "no house, no marriage" mindset.

In a discussion of the draft judicial interpretation last year, many legal professionals mentioned that the article on property rights aimed to tackle "the unhealthy tendency of marrying for material wealth", according to lawyer Zhang.

An extreme example is that of Ma Nuo, a contestant on a controversial but highly popular TV dating program, who claimed she would "rather cry in a BMW sedan than smile on the backseat of a bicycle".

"The statement was actually one of the reasons for drafting the interpretation article," Zhang said.

In China, it is traditional that the man makes the house while the woman makes the home: He buys the house and she spends her life looking after it, along with the old and the little members of the family, and supporting her husband's career.

Despite social progress and increasing calls for gender equality, the traditional mindset remains. According to a survey conducted last year by All China Women's Federation, about 70 percent of women interviewed said they would marry only if their partners possessed a home, solid savings and a steady income. The survey was taken in 31 provinces over the course of a year.

Discrimination?

Will the new judicial interpretation favor the rich and discriminate against the weaker party in a marriage? Zhang thinks so.

"For example, housewives, especially those in the rural areas who have no job and are responsible for taking care of their families, will be affected most by this new change," she said. "If their husbands want a divorce, they are likely to be kicked out of the house with nothing."

Luo Huilan, a professor of women's studies at China Women's University in Beijing, agreed.

In rural areas, she said, men have the final say in family matters. All essential family assets, such as home, car and bank deposits, are registered in the men's names, and women fill the roles of only wife, mother and farmworker.

"Their labor, though substantial, hardly gets recognition. Without a good education, they have to rely heavily on their husbands," Luo said. "In case of divorce, a woman is driven out of her husband's life, home and family, and finds herself an alien even in her parents' home. No wonder the new interpretation of the Marriage Law has aroused concern among women."

In urban areas, many women help their husbands repay bank loans. The new interpretation makes room for women to be compensated in proportion to their loan payments and appreciation of the real estate. However, Luo said they lose the initiative in the fight for property and are forced to wait for compensation, and take with them only a depreciated dowry, which often is in the form of furniture and appliances.

Li Mingshun, a law professor at China Women's University, said the new interpretation goes overboard in applying economic rules to marriage and family issues. "It overstresses the importance of property protection and overlooks the protection of the more vulnerable party in the marriage."

"There is both a personal relationship and a property relationship in a marriage, but the fundamental is the personal relationship." Li said. "Nowadays, as property prices soar, there is a tendency to stress wealth in marriage. It's safe to say that the new judicial interpretation has helped promote this kind of view about marriage."

'Men, women equal'

The debate continues. Guo, the lawyer and counselor, argues that it is time to break away from the centuries-old traditions of men buying homes for marriage.

"Men and women are equal," he said. "Then why do people take for granted that it's the man's responsibility to buy the house for marriage and raise the family?

"The new interpretation just calls for the equality of men and women and encourages the couple to buy a home through their own joint efforts, and not depend on their parents," Guo said. "Marriage should be built on love, not on a home and other assets."

More Cover Stories