"Stay for a long time...Just registered a marriage. Whose property before that? 🏠💔 Opened a new Supreme 97 / 2569.

That people have a partner to know! "

Summarize the essence of the Supreme Court judgment according to what you want:

1. The point of the case (facts)

Plaintiff: Wife (who lived before registration)

Defendant: Husband

Behavioral: The plaintiff and the defendant lived without registering a marriage since 1983, during which they engaged in a lending and land trading business. Until 1995-1996, the defendant entered into a lending contract and took out a mortgage on two plots of land on behalf of the defendant alone. Later, the defendant received a transfer of two plots of land to pay off the debt. After acquiring the land, the couple went to register a marriage.

Dispute: When a right is broken up or disputed, the plaintiff claims that these 2 plots of land are jointly made property (collective rights), but the defendant claims that it is his sole right because it is named in the rights document and acquired before the marriage registration.

2. Relevant legal clauses

Code of Commerce, Section 1356, 1357: On Mutual Rights (Property jointly owned by two or more persons by means of mutual labour or money)

Code of Commerce, Section 1471: With regard to personal property (property that one of the parties had before marriage)

Code of Law and Commerce, Section 1474: On Marriage (Property acquired during marriage)

3. Norms laid down by the Court

The Supreme Court laid down key criteria for diagnosing property between couples who later registered their marriage, as follows:

Status of property: Property acquired during the residence of my husband (before registration), if it is caused by a common livelihood, shall be considered a "total right" in proportion to each party (if it is not clear, assume that each part is equal).

Marriage registration does not change property type: later marriage registration "has no effect" backwards, causing the previously acquired property to change its condition from "collective property" to "conjugal property."

Proof of possession: Although a document of rights (deed) has a unilateral name, if it is proved that the money or labor made is used in exchange, the property remains a collective right, assuming that the named party is the holder of the other party.

Right to sue: When it is a collective right, the other party has the right to sue for their share in accordance with the law of property (not the family law of division of marriage).

In a nutshell: "The things that are found together before registration are collective rights, later marriage registration does not help to become a marriage, and the person named in the deed alone cannot gobble it up if the other person proves to help each other."

# Family law# The marriage# Total rights# Supreme Court judgment