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The case of Kang Lu (alias) inheriting a 200-million estate and subsequently facing divorce is undeniably upsetting. However, under the institution of marriage freedom, when one party is determined to divorce, the law cannot intervene. This incident reflects a common dilemma we often encounter, highlighting a conflict between legal logic and people's basic emotions.

Case Overview

Kang Lu met her husband, Wang Li (alias), through work and they married after several years together. Following their marriage, Kang Lu's parents tragically passed away in a car accident during a trip. Wang Li provided support during the mourning period and assisted with the funeral arrangements.

Six months later, when things seemed to return to normalcy, Kang Lu received a court summons at her workplace. Wang Li had filed for divorce citing personality differences and demanded a division of Kang Lu's inheritance from her parents: nine properties and commercial shops in Shanghai, along with over 10 million yuan in bank deposits and financial products, totaling approximately 200 million yuan.

Marriage and Inheritance

The Civil Code mainly covers marriage and family relations concerning property, focusing on "marriage" and "inheritance." Marriage addresses horizontal relationships between spouses, while inheritance addresses vertical relationships between parents and children. Due to the nature of these relationships, there may be understandable discrepancies.

In this case, the woman legally inherited from her parents, and without a will, inherited property acquired during the marriage is considered marital property and subject to division upon divorce. The man exploited these legal provisions to achieve his contentious goals.

During marriage, property and income acquired by spouses are considered marital property. For instance, if the husband earns 30,000 yuan and the wife earns 10,000 yuan monthly, the total 40,000 yuan is considered joint property. Upon divorce, principles dictate equitable distribution. This is a simplistic example; reality is more complex. In the case of inheritance, absent special circumstances, inherited property is also considered marital property subject to division upon divorce.

This is a discomforting aspect, especially in cases like this where one party initiates divorce, leaving the other party feeling uneasy.

Avoiding Such Harm

Rather than just expressing outrage, it's crucial to discuss how to prevent such harm. The law provides clear avenues:

Firstly, parents can gift property to their children during their lifetime through donations, expressly stating in the agreement that the property is solely for the child and not considered marital property. This ensures the property remains the child's personal asset even in the event of divorce.

Secondly, parents can draft a will, which takes precedence over statutory inheritance. In the will, parents can specify that the inheritance is solely for the child and not marital property. Properly executed, this can prevent such issues, safeguarding family assets from loss and harm.

These legal mechanisms are provisions within the Civil Code, but many are unaware or poorly informed, leading to unnecessary harm. For example, the validity of a will depends on strict legal requirements. If improperly executed, the will may be deemed invalid, leaving assets subject to statutory inheritance.

In conclusion, whether through gifts or wills, proactive measures by parents are crucial. Law favors arrangements made by rights holders, prioritizing them over statutory schemes. Therefore, it's advisable to proactively handle property and rights, minimizing reliance on passive measures, preventing malicious legal exploitation, and avoiding unnecessary losses to families and individuals.