Insights
Insights
Is the Ningbo prenuptial agreement valid for mutual inheritance?
Someone wrote in the prenuptial agreement: "Both parties do not inherit each other's inheritance. "Does the law recognize this agreement? If one party really leaves, can the other party exclude inheritance by agreement? Conclusion: First of all, this kind of clause is essentially a husband and wife property agreement, which is legally binding within the husband and wife, but it is not a" death-free gold medal "that can resist all inheritance rules-it cannot deprive the heirs who lack the ability to work and have no source of income of the necessary share (must be retained), and cannot naturally resist the external legal succession...
Ningbo husband and wife loyalty agreement validity court how to determine
After one spouse is derailed, the other spouse often asks for a "loyalty agreement", agreeing to leave the house or pay high compensation if he commits a repeat offense. But in divorce, the court's attitude towards loyalty agreements is not uniform. First, the conclusion is that the contents of the marital loyalty agreement involving the identity relationship (restriction of freedom of divorce, restriction of remarriage and childbirth, and agreement on custody) are usually invalid. The agreements involving property relations vary from place to place. Zhejiang and Ningbo courts generally do not accept lawsuits based on loyalty agreements alone, or only use them as discretion...
How does Ningbo marital property agreement agree on the assets of individual industrial and commercial households?
When one or both husband and wife operate individual industrial and commercial households, when signing a property agreement within marriage, they should not only agree on the ownership of the store, but also consider specific issues such as business license, brand name, bank account, equipment inventory, management right, etc., otherwise it is easy to have operational loopholes. First to the conclusion: individual industrial and commercial households are the main business rather than divisible "things", the agreement can agree not to "divide the store in half", but the ownership of the right to operate, the division of specific materials and equipment, the supervision of the collection account, the value of the name compensation and site leasing...
Can the undivided claims after the divorce in Ningbo be divided?
In the event of divorce, one party may conceal external claims, or both parties know that they have claims but are too lazy to deal with them. After the divorce, the other party found that there are undivided joint claims of the husband and wife, but also can sue for division? The answer is: yes. First to the conclusion: the divorce is not divided at the time of the joint claim of the husband and wife, after the divorce, one party may sue separately for division, one party deliberately conceals the external claims, the other party may also request less or no division of the party. There is no essential difference between claims and other common property in the legal treatment, the key...
How to prevent Ningbo parents from being separated when they buy a house.
When the young couple bought a house after marriage, the man's parents made a down payment of 800000 yuan, which was registered in the name of the couple. After a few years of divorce, the woman claimed that the suite was the common property of husband and wife, but the man's parents thought that the money should be taken back. This kind of dispute is very common in divorce cases. The nature and object of parents' contribution are not clearly written, which is often the focus of dispute. One sentence conclusion: if the parents pay for the purchase of the house for their children after marriage, and do not clearly agree on the object of the gift or the nature of the contribution, in principle, it is recognized as a gift to both husband and wife...
Does the spouse who owes a debt to a company in Ningbo have to pay it back?
A client in Ningbo consulted: the husband runs his own company, usually he takes care of it, he does not participate in the operation, the company's business, accounts, capital transactions are not clear, and even the company's profits and losses are not known. Now that she is going to divorce, her husband takes out the loan contract and the IOU and asks her to pay the debt together. In this case, does the spouse need to bear the company debt? Conclusion First of all, the company operating debt incurred by one of the spouses in his or her own name during the marriage is not used for the couple's common life or joint production of the business...
Is Ningbo husband and wife jointly and severally liable for 100 per cent of the shares?
Divorce or debt disputes often encounter such a scene: husband and wife jointly set up a company, each holding 50% of the shares, a total of 100, thinking that "two shareholders + limited liability company" and a one-person company to draw a clear line, business failure only bear limited liability. Conclusion: This arrangement does not belong to a one-person company in form, but if the husband and wife's property is mixed with the company's property, the interests of the two people are highly consistent, and there is a lack of effective internal supervision, the court may refer to the one-person company rules to determine that it is "substantial one...
How to divide the registration party of buying a house together before marriage in Ningbo
Both men and women are ready to get married and jointly invest in the purchase of a house before marriage, which is registered in the name of the woman. At the time of divorce, the man claimed that the house was common property, while the woman believed that it was personal property registered in her own name. Such cases are controversial in practice, and the final division depends on the legal relationship that the evidence can prove. One sentence conclusion: pre-marital joint capital purchase registration in the name of one party, there is evidence to prove the existence of joint purchase agreement, generally identified as the two sides of the common property, according to the proportion of capital contribution according to the share...
How to divide domestic real estate after divorce in Ningbo
The couple settled in the United States after getting married in China. The U.S. court has decided to divorce but has not dealt with the domestic real estate. After the divorce, one party has not paid the discount according to the private agreement-this kind of foreign-related divorce dispute is not uncommon in Ningbo. What the parties are most concerned about is: Does the U.S. decide whether to recognize it in China? Can domestic houses be divided and where to divide them? First to the conclusion: when a divorce judgment of a foreign court applies for recognition in China, the court usually only confirms the dissolution of the marriage relationship and does not deal with the division of property and the content of child support...
Three Ways to Avoid Premarital Property Mixing in Ningbo
Many people mistakenly believe that premarital property will automatically become the joint property of husband and wife after many years of marriage-as early as 2001, after the amendment of the Marriage Law, the old rule that "premarital property is converted into joint property after eight years of marriage" has been abolished, not to say so in the era of the Civil Code. Premarital property itself will not be transformed by the continuation of marriage, the real danger is some of the operation after marriage: account mixing, improper agreement, property form change lack of trace, may make premarital property "taste" into common property. Conclusion first: protection...
Three Ways for Parents to Leave Property to Their Children in Ningbo
Many people think that the only child can inherit all the inheritance of their parents, but in fact, it is not necessarily: when one parent goes first and the other is alive, the inheritance will be inherited by the living spouse and children together; If the grandparents are alive, they will have a share. Brothers and sisters, succession and subrogation may dilute the share of the only child. Instead of leaving the children behind a lawsuit, it is better to arrange the property clearly. Direct to the conclusion: parents leave their property safely to their children, there are three mainstream tools-living gifts, wills, matching...
Why only children in Ningbo may not necessarily inherit all of the family property.
"I am an only child, and of course my parents' house is all mine"-this is the most common misconception in inheritance counseling. The conclusion starts with: inheritance does not depend on whether you are an only child or not, but on which heirs are "present at the same time" in the same order when the decedent dies ". As long as the grandparents and grandparents are still alive, or one parent remarries to form a new family relationship, or the other party dies before the inheritance is divided after the death of one party, the share that the only child can get may be greatly diluted, and even "the house wants to sell...
How can Ningbo parents prevent their children's property from being divided?
After getting married, the woman's parents bought a car for the woman in full and registered it in her name. The understanding is that what gives the man a share of the car bought by the woman's parents? But legally, if the parents do not operate properly when giving their children property, then the children are likely to be separated by their spouses in the event of a divorce. An overarching conclusion is put here first: parents give their children property, as long as there is no clear statement that only one of their own children, the property donated after marriage is presumed to belong to the husband and wife according to the Civil Code...
How to revoke the unfilial parents of their children after the gift of real estate in Ningbo
The parents transferred the house to their children, and they wanted to "raise children to guard against old age", but the children turned a blind eye to it and even abused it. Can the transferred house be returned? Conclusion: Yes, but there are strict conditions and time limits. After the transfer of ownership of the property has been transferred, parents can no longer arbitrarily revoke, can only exercise the legal right of revocation in accordance with Article 663 of the Civil Code-must prove that the child "seriously infringes the legitimate rights and interests of the parents or their close relatives", "the parents have the obligation to support and do not perform" or "do not perform the gift contract agreement...
What should be paid attention to when dealing with the property of the elderly in Ningbo
This generation of elderly people have worked hard for decades to save real estate, savings and financial management. They are most concerned about two things: how to hand over the property to their children smoothly, and their old age life will not be affected. Direct to the conclusion: the elderly do not deal with property "a trick", but a combination of three things-to tell their trusted children about their property and keep a good list, to make a will that can be amended at any time according to their true wishes, and to distribute part of their property in advance if necessary, but be sure to leave enough old-age security for themselves. In order, "make it clear...
In Ningbo, when parents purchase insurance for their children, who should be named as the policyholder—the parents or the child?
The same is "parents pay to buy insurance for their children", another way to ask: will this policy be divided in the four scenarios of children's divorce, parents' divorce, parents' debt and children's debt? This is closer to the real demand than "who is better to be insured. Directly to the conclusion: the policyholder determines the attribution of the cash value of the policy, which also determines its "isolation gear" in the four types of risks-parents as policyholders, the policy isolates the children's marriage and children's debts...
How does the court of transferring property before divorce in Ningbo
The legal consequences of one party transferring the joint property of the husband and wife before divorce are clear and unfavorable. Article 1092 of the Civil Code stipulates that if one of the spouses hides, transfers, sells, destroys, or squanders the joint property of the husband and wife, or falsifies the joint debt of the husband and wife in an attempt to encroach on the property of the other spouse, when the divorce divides the joint property of the husband and wife, the party may be divided less or not. This is the most direct legal basis for "transferring property will be sentenced to less points", and it is also the basis of discretion in practice to tilt to the no-fault party. Matter…
Ningbo parents to buy insurance for their children, parents and children who do policyholders.
Parents pay for insurance for their children, which is a very common tool for inheriting wealth. Here's a detail that's often overlooked: whether the policyholder writes about the parents or the children, the policy's legal attribution is completely different. Directly to the conclusion: the cash value of the policy belongs to the policyholder, the policyholder decides to withdraw the insurance, reduce the insurance and the beneficiary arrangement. Parents pay, the policyholder writes parents, the cash value of the policy is the property of the parents, can isolate the children's marriage and debt...
Ningbo man suffers from syphilis to conceal medical history, what should the woman do
After registering for marriage, a premarital examination was conducted, only to find that the man had syphilis before marriage, and the other party did not mention a word from beginning to end-this kind of "being cheated into marriage" situation, the law gives a clear relief channel: the marriage can be revoked. Conclusion First: If one party suffers from a major illness, he should truthfully inform the other party before the marriage registration; if he does not truthfully inform, the other party may request the people's court to cancel the marriage within one year from the date when he knows or should know the reason for cancellation (Article 1053 of the Civil Code). The marriage has been annulled…
Who will bear the private school fees for children after divorce in Ningbo?
When the husband and wife divorce, they agree that the child shall be raised by the woman and the man shall bear the maintenance fee. After the child's senior high school entrance examination, the woman sent the child to a private Senior high school without the man's consent. The annual tuition fee plus accommodation fee is over 60,000 yuan. The woman sued the man for sharing after paying part of the fee-such disputes are becoming more and more common in post-divorce alimony cases. Conclusion First: The high expenses incurred by children attending private schools after divorce generally do not belong to the "necessary education expenses" in the statutory maintenance fee, and the court usually takes the principle of necessity and reasonableness...
How to divide the divorce of the real estate inherited after marriage in Ningbo.
Whether the property inherited after marriage belongs to the joint property of the husband and wife depends on whether the will or gift contract is clearly attributed to only one party. Article 1062 of the Civil Code includes the property inherited or donated during the existence of the marriage relationship as the joint property of the husband and wife, with the exception of the third paragraph of Article 1063 of this Law. The third item of Article 1063 stipulates that the property determined to belong only to one party in the will or gift contract shall be the personal property of the husband and wife. This can be pushed...
Is the property donated by Ningbo husband and wife a common property?
After marriage, the husband gave his wife a small house before marriage and transferred the ownership. Now there is a divorce. Is this house the wife's personal property or the husband and wife's common property? Conclusion: If the meaning of the gift between husband and wife is clear, points to the individual recipient and completes the change of property rights, the donated property is in principle converted into the personal property of the recipient, and is no longer divided as common property in the event of divorce. Special attention: 2025...
What if the other party in Ningbo does not pay alimony?
After a divorce, one party does not pay alimony on time, and the party who directly raises the child is often angry and helpless: some people worry that the agreed divorce cannot be enforced without a court decision; others do not know what procedures to follow. The conclusion first said: alimony is a legal obligation, not because of divorce and exemption-agreement divorce, the other party does not perform the need to first in the name of the children to sue to confirm the amount of alimony, the judgment can be applied for enforcement after the entry into force of the divorce, can be directly based on the effective judgment, mediation...
Ningbo husband and wife one debt common property how to execute
The enforcement procedure often encounters such dilemmas: the court decides that one of the spouses is liable for the debt, but there is no property in the name of the person being executed, and the joint property of the husband and wife is registered in the name of the spouse-can the creditor apply for the enforcement of the property? How can the interests of the unindebted party be protected? Conclusion first: in principle, the personal debt of one spouse can only execute his personal property and his share in the joint property of the husband and wife. The debt...
Can Ningbo divorce be recovered without alimony?
Some couples agree to divorce, for various reasons did not agree on alimony in the divorce agreement, or verbally agreed that one party would not pay. Later, the financial pressure on the child-rearing party increased and he wanted to ask the other party for alimony, but the other party refused on the grounds that "it was agreed not to do so. Can it be recovered in this case? The conclusion first says: yes. The obligation to raise is the legal obligation of the parents, not because the divorce agreement is not agreed or verbally waived-minor children can directly claim to the party who is not directly raised...
Can Ningbo's donation of the house to its children be revoked after it is in debt?
After one of the husband and wife is in debt to the outside world, in order to avoid execution, the creditor will give the property under his name to his children free of charge. After finding out, the creditor wants to know whether the house can be "returned". The conclusion first says: if the debtor transfers the real estate free of charge after being in debt and affects the realization of the creditor's rights, the creditor may exercise the creditor's right of revocation in accordance with article 538 of the civil code and request the court to revoke the gift; However, the right of revocation is limited by the period of double exclusion-within one year from the date when the cause of revocation is known or should be known, and the longest from the date when the act occurs...
How did the Ningbo court determine the transfer of common property?
One party suspects that the other party transfers the joint property of the husband and wife, and the court may not support it. Many people do not understand why the court only checks the running water one or two years before the divorce and does not turn over the old accounts. First of all, the conclusion is that the focus of the court's review is the abnormal outflow of funds after the obvious deterioration of the relationship between husband and wife, including large cash withdrawals, frequent transfers to relatives without economic contacts, sudden purchase of insurance and financial management, low-cost disposal of assets, etc. The reason for the deterioration of feelings is...
Can Ningbo Divorce Agreed Property Owned to Children Fight against Execution
Some couples, upon divorce, agree to transfer ownership of the property to their children, but the transfer is repeatedly delayed due to outstanding mortgage balances, policy restrictions, or other reasons. Later, one party was sued due to personal debts, and the creditor applied to have the property seized. Can the child or the dependent party exclude execution on the grounds of the divorce agreement? One sentence conclusion: the divorce agreement stipulates that the property belongs to the child but has not been transferred, in principle, can not fight the court's enforcement-real property rights to register, the child obtains only the right to request the transfer of ownership; but if the debt form...
Can Ningbo Demolition and Resettlement Housing Agreed to Return to Children Prosecute
The divorce agreement stipulates that the demolition and resettlement house belongs to the children, but after the real estate certificate is issued, it is registered in the name of one party. The other party wants to help the child get the house back, but does not know in whose name to sue. Such disputes are very common in the reconstruction of villages in Ningbo, rail transit and the construction of new districts. First give the conclusion: the divorce agreement stipulates that the demolition and resettlement house belongs to the children, which belongs to the agreement of both parties on the disposal of property. The agreement is legally binding and generally cannot be revoked unilaterally. Even if the house has not been transferred or registered in...
How to deal with the debt of a one-person company in Ningbo divorce.
During the marriage, a one-person limited liability company is established in the name of one spouse, and the other spouse acts as a supervisor or participates in the operation of the company. At the time of divorce, is the payment or loan owed by the company a joint debt of the husband and wife? Does the spouse need to bear joint and several liability? First conclusion: if a shareholder of a one-person company cannot prove that the company's property is independent of his or her personal property, he or she should bear joint and several liability for the company's debts in accordance with the law; whether the spouse is responsible depends on whether he or she participates in the joint operation, shares the operating income, and the operating income, and whether the debt is used for the debt...
Ningbo equity transfer debt spouse to bear?
One party in the marriage transferred the unpaid equity to a third party for 0 yuan, and promised to bear joint and several liability for the company's original debts. The first conclusion: whether the debt arising from the transfer of equity should be borne jointly and severally by the spouse depends on whether the debt can fall into the category of joint debt of the husband and wife. The spouse is not a party to the equity transfer contract, unaware, unprofitable, transferred...
Can Ningbo divorce sub-parking space be revoked to spouse creditors?
The divorce agreement stipulates that the parking space will be allocated to the spouse, and after the divorce, the creditor comes to claim revocation-such cases are not uncommon in practice. Many people think that the property has been divided and the property rights have been changed, and the creditors have no right to interfere, but the court's determination may not be the case. Conclusion first: if one party in the divorce agreement gives the property to the spouse free of charge or obviously unreasonable low price, which harms the realization of the creditor's claim, the creditor may exercise the right of avoidance in accordance with the law...
Can Ningbo repay the debt for the other party after divorce?
After the divorce for the other party to pay the debt, the money can also be returned? First to the conclusion: can not be recovered, the first step to see whether the debt is the husband and wife's joint debt or the other party's personal debt-for the other party to pay the debt, can be fully recovered; common debt for the other party to pay more part, can be recovered according to the share. The divorce agreement says that "debt to the other party" is only valid within the husband and wife and cannot stop external creditors...
Is insurance in Ningbo a common property during the insurance period?
When the divorce divides the property, a policy that is "still in the insurance period" often becomes the focus of controversy: the policyholder claims that the insurance has personal attributes that cannot be divided, while the other party believes that the premium comes from the common property and should be divided. The conclusion first said: whether the policy can be divided, the key depends on the source of premium and whether the policy has cash value-insured with the joint property of the husband and wife, with cash value of the policy, its cash value part belongs to the joint property of the husband and wife, divorce can be divided...
Can Ningbo buy insurance to transfer common property to avoid division?
At the time of divorce, one party used the joint income after marriage to buy a large amount of insurance, thinking that "the money into the insurance company is safe". Conclusion first: the cash value of the policy belongs to the property, and the cash value of the policy formed by paying the premium with the joint income after marriage belongs to the joint property of the husband and wife, which should still be divided in the event of divorce. During marriage, especially before and after the breakdown of feelings, the use of common property for sudden insurance, like the transfer of deposits and the purchase of a house, may constitute the "transfer of common property of husband and wife" stipulated in article 1092 of civil code...
What are the conditions for Ningbo creditors to revoke the divorce agreement?
A creditor in Ningbo won the lawsuit but found that the debtor had no property in his name. Only after checking did he know that the other party gave almost all his house and savings to his spouse when he divorced. His "clean body and out of the house" divorce made the judgment empty. Isn't the divorce agreement filed by the Civil Affairs Bureau, can it be revoked? The conclusion first says: Yes. Creditors may request the court to revoke the property division clause in the divorce agreement that impairs the realization of their claims, provided that four sets of conditions are met at the same time-the debt is formed before the disposition of the property, and the division of the property is clearly unreasonable...
Is the Ningbo divorce agreement valid for the gift of real estate to children?
In order to stabilize the children and reduce disputes in divorce, many couples write "give this suite to the children" in the agreement ". However, the divorced party did not want to give it back, saying "that is a gift, I can revoke it"-is this kind of legal support? The answer is different from the ordinary "I give you something": the gift in the divorce agreement is the overall arrangement tied to the divorce. One sentence conclusion: The divorce agreement stipulates that the terms of giving the couple's common real estate to their children are valid. After divorce registration, they shall not be revoked unilaterally and arbitrarily...
Ningbo marital gifts of equity and dividends how to divide.
The parents give the equity to their married children and expressly agree that they "have nothing to do with their spouses". When divorcing, does this part of the equity belong to the joint property of the husband and wife? How to determine the company dividend obtained after marriage? This is a common and easy to answer wrong question in divorce cases of high net worth families. First to the conclusion: the marital gift of equity, if the gift contract clearly agreed only to be owned by the recipient of the child, the equity belongs to personal property, divorce is not divided...
Ningbo man's parents invested in the purchase of a house to register how to judge under the woman's name.
Before the marriage, the man's parents made a down payment, but the house was registered in the woman's name-how to divide the suite in the event of divorce? This is a typical example of "misplaced funding and registration", which is as tricky as a wedding room with "daughter-in-law's name": the money is paid by the parents-in-law, and the name is written by the daughter-in-law, and the court has to judge the intention of contribution, appearance of registration and marriage. First, make the conclusion clear: if one parent contributes capital and the house is registered in the name of the other party (spouse), it is not of course owned by the registered party, nor is it of course owned by the children of the investor...
Ningbo parents make a down payment divorce how to divide
Buying a house after marriage, one parent making a down payment, and registering the property in the name of both husband and wife, in which case the house belongs to the joint property of husband and wife in principle. However, common property is not equal to a 50-50 division, and the court, in determining their respective shares, will combine factors such as contribution, duration of marriage, joint repayment, child support and care for the no-fault party, with the result that it may favor the children of the contributing party or may be closer to parity, depending on the circumstances of the case. The most problematic thing in practice is that parents did not have any funding at that time...
Ningbo debtors free of charge to transfer property to their spouses how to do.
What should the creditor do if the debtor does not repay the debt, but transfers the property and vehicle to his spouse free of charge through divorce? One sentence conclusion: the creditor can not only sue the debtor, but also revoke the transfer of property that impairs the realization of the claim according to the civil code creditor's right of revocation system; if the property has been transferred and registered, it will not affect the exercise of the right of revocation, and the property should be restored to the debtor's name for debt. 1. legal basis: the creditor's right of avoidance...
How to divide the house that parents transfer to their children after marriage in Ningbo
1. first look at the parents' meaning and registration of the name when the transfer is made. After marriage, the parents transfer the house to the children's name. How to divide the property during divorce? The first step is not to see the price of the house, but to whom the parents want to give the house when the transfer is made. The meaning of the gift points to the husband and wife or only to one of their children, which directly determines whether the house belongs to common property or personal property, which is the starting point of the whole matter. The register reads whether one child or both husband and wife, and the court judges the gift...
Can the Ningbo court enforce the cash value of the policy?
In debt, the houses and cars under his name are all checked, but only a few life insurance policies are still there-can the creditor apply for the cash value of the implementation of the policy? This is the most misunderstood point in the debt planning. To start with the conclusion: yes. The cash value of the life policy belongs to the responsible property of the policyholder, when the policyholder himself is the executor, the court has the right to force the termination of the insurance contract, withdraw the cash value to pay off the debt...
Ningbo before marriage to buy a house after marriage parents repay the loan how to deal
One party paid the down payment before marriage, the house is registered in his own name, after marriage by the parents to help repay the loan-divorce when the value of the suite and the repayment of the loan part of how to calculate? This is the most entangled type of ningbo marriage house dispute, because the down payment, registration, marriage loan repayment, parents to contribute four layers of relationship stacked together, can not be generalized. First of all, the conclusion is clearly divided into layers: first, the house itself: if one party signs a purchase contract before marriage, pays the down payment with personal property and registers it in his own name, the house is in principle owned by the registrant...
Ningbo divorce limited liability company property how to divide
Divorce involves the division of shares in a limited liability company, which is much more complicated than the division of real estate and deposits. Different types of companies, different number of shareholders, different operating conditions, the treatment is also very different. Improper handling not only affects the division of property, but may also affect the normal operation of the company. According to Article 1087 of the the People's Republic of China Civil Code, the 1. law stipulates that the common property of husband and wife shall be dealt with by mutual agreement at the time of divorce; if the agreement fails, the people's court shall, according to the specific circumstances of the property, take care...
Ningbo marriage to buy insurance as a common property?
Insurance purchased during the marriage, the other party requests a division at the time of divorce, and the insured often refuses on the grounds that the insurance has personal attributes. Is the insurance purchased within marriage always common property? One sentence conclusion: the marriage to the joint property of the husband and wife to buy, with cash value of insurance, divorce usually need to divide the cash value of the policy...
Can Ningbo policies isolate debt?
"Buy a large policy to isolate debt, debt is not afraid to be executed"-this is one of the most common misleading words in insurance sales. First to the conclusion: the policy does have specific property attributes, but it is basically a mistake to regard it as a debt "firewall. The cash value in the life policy belongs to the responsible property of the policyholder, and when the policyholder becomes the executed person, the court may force the cancellation of the policy and withdraw the cash value to pay off the debt...
Ningbo marriage was forged signature loans to be jointly repaid?
During the marriage relationship, one party forges the other party's signature to make a loan to the bank, and after the divorce, the bank requires both parties to repay the loan jointly. Is the party who has been forged to sign liable? One sentence conclusion: If one party in marriage forges the debt of the other party's signature, if it is not used for the husband and wife's common life or joint production and operation, and the other party has not ratified it afterwards, it is generally not a joint debt of the husband and wife, and the party who has forged the signature does not have to bear the responsibility for repayment...
What if the house was sold privately by the other party after the divorce in Ningbo?
1. first see whether the house really can not be recovered. After divorce, they suddenly find that the house originally belonging to the common property of husband and wife has been transferred to a third party by the other party. Many people's first reaction is that the house is gone and the money can not be returned. In fact, this kind of dispute should be judged in two layers: the first layer is whether the other party's punishment is effective to the third party, and the second layer is whether the other party should bear the responsibility of compensation or less division. These two conclusions can be completely separated, the house belongs to the third person and you can get compensation and...
Can a fine imposed on a Ningbo party divide common property?
If one of the spouses is sentenced to a fine or ordered to refund compensation for a criminal offence, the court must execute the joint property of the husband and wife, and the other party is worried that all the property will be executed, can it request the division of the joint property during the marriage? The conclusion starts with the conclusion that the imposition of a fine is not a legal cause for the division of common property within marriage as stipulated in Article 1066 of the Civil Code, and the spouse cannot therefore request the division within the proposal-...