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  • Started 10 years ago by 9g1oS4A0S4

  1. <br>Nanjing, a married couple agreed to purchase a property in the divorce settlement owned by the woman at all, but after finishing the divorce, the man was found, long before the two sides agreed to a divorce, the woman's house had been sold. "The house is gone, also signed any agreement stars What property?!" The man angry, to court for rescission of the divorce agreement and segmentation Shoufangkuan. Pukou Court has accepted the case. It is understood that such a situation the hospital is the first encounter. Agreement is valid, the lawyers controversial.<br> <br>Unmarried man and woman living together<br> <br>Property owned by the woman's divorce agreement<br> <br>Wang Qin and Zhang Minglei married four years, and they have a daughter. Late last year, Wang Qin successfully sued to the identity of the private prosecutor, called for the prosecution of the crime of bigamy Zhang Minglei. She claims that been having an affair with an unmarried woman Shaomou Since 2009, the two sides quarrel for that matter many times, emotional deterioration. After Zhang Minglei simply renting and Shaomou cohabitation and out are husband and wife, but also to visit family together. According to the Marriage Law and the Penal Code, a married person with someone else to marry, or with others living together as husband and wife, both belong to bigamy behavior should be held criminally responsible. Wang Qin pursuant to court,http://www.chinahip-hop.com/home.php?mod=spacecp&ac=blog&blogid=, demanded bigamy Zhang Minglei criminally prosecuted.<br> <br>Pukou court accepted the case and organized a trial, Zhang Minglei admitted having an affair, but denies bigamy behavior. Course of a hearing,piumini woolrich, the parties agreed to dissolve the marriage relationship, and reached a divorce agreement under the auspices of the court, agreed to raise the child go Wang Qin, marriage purchase a home also owned by Wang Qin all. Subsequently, Wang Qin active withdrawal. The two sides hold a divorce agreement to civil divorced.<br> <br>Divorce after the discovery<br> <br>Divorced woman's house before being sold<br> <br>House to buy time is not long, emotional breakdown when the two sides, the house has not been delivered, nor for registration, therefore, there is no divorce transfer problems. After finishing divorce,http://www.cpaz.org.cn/home.php?mod=spacecp&ac=blog&blogid=, to house the seat to see her daughter, did not expect to see a stranger Qiaokai Men, he knew, Wang Qin long been made without the knowledge of his real estate license, and will sell the house. That is, when the two sides signed a divorce agreement, the house no longer exists.<br> <br>"I knew the house gone,http://237.newfine.net/home.php?mod=spacecp&ac=blog&blogid=, also signed any agreement what the property sub-ah?!" Zhang Minglei angry, to court for rescission of the agreement relating to the property division provisions, and asked Wang Qin will Shoufangkuan out, as jointly owned property supplementary segmentation.<br> <br>Zhang Minglei prosecution is based on the "Marriage Law" Article 47: "the time of divorce, one party conceals, transfers, sells or destroys the jointly owned property, or an attempt to usurp the other debt forgery of property,scarpe hogan, division of jointly owned property, the hidden transfer , selling or destroying the jointly owned property or fabricates the debt, can be less or even no. After the divorce, the other party found to have the above-mentioned acts, may file a lawsuit to the people's court, request for another division of jointly owned property. "Zhangming Lei believes that Wang piano without the knowledge that he will transfer to house the couple shared one name, and attempt to sell, conceal Shoufangkuan,moncler Outlet, are "hidden, transfer, sale of jointly owned property acts," according to the law, he is entitled to claim to be hidden split Property - Shoufangkuan.<br> <br>Sign the agreement when the house has been sold<br> <br>The agreement also effective?<br> <br>Zhang Minglei Pukou complaint submitted to the court, not only Wang Qin surprise, the judge was surprised. "Have opened a court, the judge said not encountered this situation, the case very controversial." Wang Qin's defense lawyer told reporters.<br> <br>Man lawyer:<br> <br>Invalid, "Without the skin MaoJiangYanFu"<br> <br>Sign the agreement when the house does not already exist, the agreement for the disposal of real estate still valid? As the saying goes, "Without the skin, hair adhere to", from the common sense, the right to dispose of the agreement have been lost, and certainly is invalid. Zhangming Lei's lawyer, Jiang Su Minghong law firm lawyers Cao Chunhua hold this view. She believes that the divorce agreement can split the existing divorce and common property, in this case,http://www.ivealwayswantedoneofthose.com, when the two sides signed a divorce agreement, the house has been sold,http://www.wxzhong.com/news/html/?2987.html, the portion of real property rights have been converted into Shoufangkuan, but the man did not know, the two sides in agreement is divided in a house that does not exist,http://www.kehuelga.org/spip.php?article3911, and the drain points should Shoufangkuan as common property division, therefore, the man sought to withdraw the agreement and supplementary segmentation Shoufangkuan is reasonable.<br> <br>The woman's lawyer:<br> <br>Effective, "did not change the substantive rights"<br> <br>But defense lawyer Wang Qin, Liu Junjie Jiangsu Yuan Sheng Han law firm say that, from the physical disposition of rights has not changed, the houses behavior should not lead to agreement fail. "When the signed agreements, the man transferred the property to the woman is the true meaning of that, both men and women have in relation to the decision to dispose of property, whether it is the house itself or by the housing into the Shoufangkuan, although not the same form of the right to object, but does not affect the right to dispose of the entity, that is one woman who enjoy ownership of the house. "<br> <br>In addition, Liu lawyers believe that the Marriage Law Article 47 legislation aimed at punishing unauthorized hide, transfer,louboutin soldes femme, selling or destroying the jointly owned property and thus to act against the other party caused, key words are "against", and the present case,http://wx.lmam.cn/bbs/forum.php?mod=viewthread&tid=1256837&fromuid=119887, Wang Qin signing divorce agreement on the transfer of real estate before the act does not infringe upon the interests of the man,tn reuqin pas cher, because of divorce,http://www.kuronowish.com/~hitotsudake/diary/apeboard_plus.cgi?msgnum=80&command=read_message/, the two sides jointly owned property division is included in this property, and the man also agreed to this property points to her, she did not embezzle Property , against the interests of the subjective intent of the man.<br> <br>Currently, the case is still pending. What do you think?<br> <br> Share: welcome to comment I want to comment<br> Microblogging Recommended | today's hot microblogging (edit: SN028)<br>

    Posted 10 years ago #

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