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Guiding Case No. 66 of the Supreme People's Court: Lei v. Song for Dispute over Divorce (case of divorce dispute)
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指导案例66号：雷某某诉宋某某离婚纠纷案
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| Guiding Case No. 66 of the Supreme People's Court: Lei v. Song for Dispute over Divorce | | 指导案例66号：雷某某诉宋某某离婚纠纷案 |
| (Issued on September 19, 2016, as deliberated and adopted by the Judicial Committee of the Supreme People's Court) | | （最高人民法院审判委员会讨论通过2016年9月19日发布） |
Keywords
civil; divorce; at the time of divorce; unauthorized disposition of community property | | 关键词
民事 离婚 离婚时 擅自处分共同财产 |
| Key Points of Judgment | | 【裁判要点】 |
| Where, during, or before the filing of, an action for divorce, one party conceals, transfers, sells, or destroys any community property, or fabricates any debt in an effort to encroach on the property of the other party, in the partition of community property upon divorce, the party may have a smaller or even no share of the community property in accordance with Article 47 of the Marriage Law of the People's Republic of China. | | 一方在离婚诉讼期间或离婚诉讼前，隐藏、转移、变卖、毁损夫妻共同财产，或伪造债务企图侵占另一方财产的，离婚分割夫妻共同财产时，依照《中华人民共和国婚姻法》第四十七条的规定可以少分或不分财产。 |
| Legal Provisions | | 【相关法条】 |
| Article 47 of the Marriage Law of the People's Republic of China | | 《中华人民共和国婚姻法》第47条 |
| Basic Facts | | 【基本案情】 |
| Plaintiff Lei (female, given name withheld) and defendant Song (given name withheld) registered their marriage on May 19, 2003. It was a remarriage for both of them, and they had no child after marriage. Trifles during marriage caused tensions between them, and a fight occurring in the first half of 2013 led to their separation in February 2014. In March 2014, Lei once filed a lawsuit to demand divorce with Song. After the lawsuit was rejected by the court, their relationship did not take a turn for the better. In January 2015, Lei sued again for divorce and legal partition of community property. Arguing that there was no rupture of affection between them, Song refused divorce. | | 原告雷某某（女）和被告宋某某于2003年5月19日登记结婚，双方均系再婚，婚后未生育子女。双方婚后因琐事感情失和，于2013年上半年产生矛盾，并于2014年2月分居。雷某某曾于2014年3月起诉要求与宋某某离婚，经法院驳回后，双方感情未见好转。2015年1月，雷某某再次诉至法院要求离婚，并依法分割夫妻共同财产。宋某某认为夫妻感情并未破裂、不同意离婚。 |
| Lei alleged that the deposit of 370,000 yuan in Song's accounts with Postal Savings Bank of China (PSBC) was community property, and submitted deposit and withdrawal vouchers and bank transfer vouchers as evidence. Song contended that the deposit came from house demolition compensation before their marriage and his pension and the balance was then over 200,000 yuan (including pension of 14,322.48 yuan). He also submitted account statements, a , receipt of payment involved in the case, and other evidence. | | 雷某某称宋某某名下在中国邮政储蓄银行的账户内有共同存款37万元，并提交存取款凭单、转账凭单作为证据。宋某某称该37万元，来源于婚前房屋拆迁补偿款及养老金，现尚剩余20万元左右（含养老金14322.48元），并提交账户记录、判决书、案款收据等证据。 |
Song claimed that the deposit of 250,000 yuan in Lei's bank account was community property, and demanded legal partition of it. Lei denied it. The transaction details of Lei's account with last digits of 4179 at Industrial and Commercial Bank of China (ICBC) from January 26, 2014, submitted in the original trial showed that the balance of this account was 262.37 yuan on December 21, 2014. In the trial upon appeal, at the request of Song, the court subpoenaed detailed bank statements of the aforesaid ICBC account of Lei since the opening date of the account on November 26, 2012, showing that on April 30, 2013, Lei transferred 195,000 yuan from the account to Lei Qi (middle name withheld, not a party to this case) by wire transfer and ATM withdrawal. Song considered that because the deposit was rental income from his house owned before marriage, it should be community property of them but Lei transferred it before divorce. Lei claimed that the deposit was income from a restaurant run by her. She first stated that the deposit had been used in their common expenses, but later stated that the deposit was used for repaying a loan borrowed from her niece. However, Lei failed to provide evidence for her claims. In court, Lei once agreed that the deposits under their respective names were owned by them respectively and she would additionally pay Song 100,000 yuan, but Lei later regretted and refused to pay.
．．．．．． | | 宋某某称雷某某名下有共同存款25万元，要求依法分割。雷某某对此不予认可，一审庭审中其提交在中国工商银行尾号为4179账户自2014年1月26日起的交易明细，显示至2014年12月21日该账户余额为262.37元。二审审理期间，应宋某某的申请，法院调取了雷某某上述中国工商银行账号自2012年11月26日开户后的银行流水明细，显示雷某某于2013年4月30日通过ATM转账及卡取的方式将该账户内的195000元转至案外人雷某齐名下。宋某某认为该存款是其婚前房屋出租所得，应归双方共同所有，雷某某在离婚之前即将夫妻共同存款转移。雷某某提出该笔存款是其经营饭店所得收益，开始称该笔款已用于夫妻共同开销，后又称用于偿还其外甥女的借款，但雷某某对其主张均未提供相应证据证明。另，雷某某在庭审中曾同意各自名下存款归各自所有，其另行支付宋某某10万元存款，后雷某某反悔，不同意支付。
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