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案例张先生与李女士于2009年结婚,并于次年诞下一子小明。之后不久,夫妻两人决定买套大点的住房。考虑到国家今后可能征收遗产税,便将该房登记在孩子名下,李女士重返工作岗位后,张先生将母亲接来帮助照顾儿子。然而因为生活习惯的差异,李女士与婆婆不断发生摩擦,并最终导致夫妻双方感情破裂。2011年,李女士诉至法院,要求解除两人的婚姻关系。在诉讼过程中,两人就财产分割发生争议。张先生认为,儿子名下的房产属于夫妻共同财产,要求法院依法予以分割;但李女士认为,房产登记在儿子名下,应当属于儿子个人财产。
Case Mr. Zhang and Ms. Lee married in 2009, and gave birth to Xiaoming in the following year. Shortly after, the couple decided to buy a larger housing. Considering that the country may impose inheritance tax in the future, the house will be registered in the name of the child. After Ms. Li returns to work, she joins her mother to help take care of her son. However, due to differences in lifestyle, Ms. Lee and her mother continue to friction, and eventually lead to the emotional breakdown of both spouses. In 2011, Ms. Lee sued the court and demanded the dissolution of her marriage. During the litigation, the two disputes over the division of property. Mr. Zhang believes that the property under his son’s name belongs to the common property of husband and wife and requires the court to split it according to law. However, Ms. Lee believes that the registration of a real estate under his son’s name should belong to his son’s personal property.