Insights
Insights
How are stock options in Ningbo divided in a divorce?
Employees of Internet companies and listed companies are often granted stock options. At the time of divorce, are the options that have not yet been exercised belong to the joint property of the husband and wife? How to divide? The conclusion first says: whether stock options belong to the joint property of husband and wife depends on the overlap between grant and exercise and the duration of the marriage relationship-options granted within marriage and the exercise conditions achieved within marriage are usually recognized as the joint property of husband and wife...
Ningbo divorce agreement real estate agreed to be a gift to children
A couple in Ningbo agreed to divorce and agreed to give their shared marriage room to their minor son, but they never transferred the ownership. A few years later, the man went back on his word: "The house is my name, I will not give it if I don't give it. "Can the woman and the son demand performance? What is this kind of clause in law? The conclusion first: the divorce agreement stipulates that the joint property of the husband and wife will be owned by the children, which is usually recognized as a gift by the husband and wife to the children; but the gift is the overall arrangement of the divorce (dissolution of marriage, child support, liquidation of property)...
Does the Ningbo court support the creditor's application to enforce the property in the name of the spouse?
The debtor does not have any real estate in his name, but his spouse has a real estate purchased after marriage. Will the court support the creditor's application for the execution of the house? First conclusion: it will be supported, but there are prerequisites and boundaries-even if the real estate purchased after marriage is only registered in the name of one spouse, it is also the common property of the husband and wife. The court can seal up and execute the share of the debtor (the executed person), and at the same time notify the spouse and protect its right of objection; If the debt is recognized as a joint debt of husband and wife, the spouse...
Ningbo marital property agreement which agreement is invalid.
Many couples sign marital property agreements, in order to "insurance" to add a variety of provisions, the result of divorce only to find that part of the agreement is invalid. What common contents are easily invalid by the court? What should be paid attention to when signing an agreement? Conclusion: In the marital property agreement, clauses that restrict the freedom of divorce, dispose of other people's property, and exempt from legal obligations, as well as clauses that agree to donate real estate but do not handle the change of property rights, may be found invalid or unable to perform; a valid agreement must be the true meaning of both parties...
Zhiheng News | Open a new chapter in legal and financial services: Zhiheng International Center Mall Mini Program officially launched
Zhiheng International Center Mall Mini Program has been officially put into operation Zhiheng International Center Mall Mini Program is now officially launched! As a comprehensive platform for cross-border business and Hong Kong life, we aim to efficiently meet customers' cross-border work and life needs, making it easier and more convenient to go to sea. Currently
Zhiheng Public Welfare | Zhiheng in Lianhuabei Community People's Mediation Studio's First Phase Work Summary Luncheon was successfully held
At noon on September 6, 2024, the first stage work summary luncheon of Zhiheng People's Mediation Studio in Lianhuabei Community was successfully held. Liu Hong, deputy director of Zhiheng Headquarters Management Committee, Chai Yongxia, executive director of Zhiheng Headquarters, Liu Yanhua, member of Zhiheng Headquarters Management Committee and director of Public Welfare Committee, and two groups of lawyers on duty of Zhiheng People's Mediation Studio in Lianhuabei Community participated in the luncheon together.
The theme sharing session "Looking at the Company's Equity Structure Design from" Black Myth: Wukong "was successfully held
On the afternoon of September 24, 2024, the theme sharing session "Looking at the Company's Equity Structure Design from" Black Myth: Wukong "sponsored by the Corporate Legal Affairs Center of Zhiheng Law Firm was successfully held in the large conference room of Zhiheng Headquarters. Zhou Hua, business consultant of Zhiheng Corporate Legal Affairs Center, gave a speech, and Liu Hong, deputy director of the management committee of Zhiheng Headquarters, director of the company's legal affairs center, and all members of the center attended. Deng Jiawen, deputy director of the commercial dispute resolution department of Zhiheng Corporate Legal Affairs Center, presided over. Leader's Speech Liu Hong, Deputy Director of the Management Committee of Zhiheng Headquarters and Director of the Company's Legal Affairs Center, Director Liu Hong said that since its establishment, Zhiheng Company's Legal Affairs Center has firmly cultivated the path of professionalism and earnestly implemented the center's work plan formulated at the beginning of the year. All affairs departments of the center can take turns to hold sharing and exchange activities as required, and actively write professional articles. As of today, all affairs departments have completed business sharing plans
Introduction to Zhiheng | A new legal service experience, starting from Zhiheng
About ZHI HENG LAW FIRM Zhiheng Law Firm, Zhiheng Law Firm is one of the earliest comprehensive law firms approved for establishment in our country. In 1995, it settled in Shenzhen, which took the lead in establishing China's market economy system through reform and opening up. After the Central Committee of the Communist Party of China granted Shenzhen a pilot demonstration zone, it will start a strategic transformation by the end of 2021
Know Hengshi Point... Chinese lawyers apply for Hong Kong ID card-Gao Cai full article.
What is 1.? The Top Talent Pass Scheme (TTPS) is an innovative policy launched by the Hong Kong Government to attract the world's top talent to live and work in Hong Kong. Hong Kong GaoCai Tong Plan will be officially implemented on December 28, 2022
Zhiheng News | Zhiheng lawyer officially became a registered lawyer of the Law Society of Hong Kong
Recently, Mr. Shen Shijin, the equity senior partner of Zhiheng Law Firm, has passed the review and assessment of the Standing Committee on Examination and Discipline of the Law Society of Hong Kong, and has officially become a Hong Kong registered lawyer (RFL) of Zhiheng Hong Kong Branch after being reviewed and decided by the Council of the highest governing body of the Law Society of Hong Kong. So far, Mr. Shen Shijin can be used in the Hong Kong jurisdiction as THE PRC of the People's Republic of China
Zhiheng Sharing | The theme sharing session on "Fiscal and Taxation Thinking and Litigation Strategies" was successfully held
On the afternoon of July 3, 2024, the theme sharing session on "Fiscal and Tax Thinking and Litigation Strategies" hosted by the Legal Affairs Center of Zhiheng Law Firm was successfully held in the conference room No. 3 of Zhiheng Headquarters. The sharing session specially invited Zeng Fansheng, a lawyer from Beijing Jingshi (Shenzhen) Law Firm and founder of the Zongheng Law and Tax Lawyers Team, to share the theme, Deputy Director of the Management Committee of Zhiheng Headquarters,
Introduction to Zhiheng | A new legal service experience, starting from Zhiheng
About ZHI HENG LAW FIRM Zhiheng Law Firm, Zhiheng Law Firm is one of the earliest comprehensive law firms approved for establishment in our country. In 1995, it settled in Shenzhen, which took the lead in establishing China's market economy system through reform and opening up. After the Central Committee of the Communist Party of China granted Shenzhen a pilot demonstration zone, it will start a strategic transformation by the end of 2021
What are the consequences of transferring the joint property of husband and wife in Ningbo divorce?
Six months before the divorce, Mr. Li transferred the couple's joint deposit to his mother's account in batches. During the trial, he claimed that "the money has been used for family expenses". The wife questioned but could not come up with a complete chain of evidence. This is the highest incidence of divorce cases, but also the most emotional behavior. Direct to the conclusion: in the event of divorce, hiding, transferring, selling, destroying, squandering the common property of the husband and wife, or forging the joint debt of the husband and wife in an attempt to encroach on the other party's property, the divorce may be divided less or not (Article 1092, paragraph 1, of the Civil Code)...
Who will the parents pay for the house before and after marriage in Ningbo?
Xiao Wang was going to get married when his parents offered to help him buy a house. After Xiao Li got married, his parents transferred 500000 yuan to help him repay the loan. Parents pay to help their children buy a house is the most common capital flow in contemporary Chinese families, and it is also the most controversial property issue in divorce. Directly to the conclusion: if the parents contribute to purchase the house before marriage and register it under their own children's name, it shall in principle be deemed as a gift to their own children and belong to their personal property (explain the first paragraph of article 29 of the (I)); After marriage, parents contributed to purchase the house in 2025...
When Ningbo divorces, the children are willing to do with the poor conditions.
When his parents divorced, 10-year-old Xiao Ming said that he wanted to live with his mother, but his mother's income was low and his living conditions were poor. His father thought that his child should live with him more secure, and there was a dispute between the two sides. One sentence conclusion: For children who have reached the age of eight, the court should respect their true wishes, but willingness is not the only criterion-the court will also combine the parenting ability and conditions of both parents, and make a comprehensive judgment based on the principle that is most beneficial to minor children; If the party with relatively weak conditions can prove basic life, teaching...
The Legal Essentials of the Ownership of the Rights of the Divorce Case in Ningbo
When couples divorce, the issue of child custody also arises. For children of different ages, what is the difference in custody determination? How to stipulate the maintenance fee? For stepchildren, adopted children and families with multiple children, how to stipulate the custody right? This article makes a brief analysis of the ownership of child custody in different situations, hoping to be helpful to you. 1. children are under the age of two. According to the third paragraph of Article 1084 of the the People's Republic of China Civil Code (hereinafter referred to as the "Civil Code") and...
Can Ningbo still divide the property after three years of divorce?
When Ms. Wang agreed to divorce three years ago, she did not divide a set of shops under her husband's name due to negligence. She recently found out that the shop was still for rent and wondered if she could still argue for a split. Conclusion first: can. The joint property of the husband and wife that has not been divided at the time of divorce may be separately sued for division after the divorce, and the limitation of action for requesting a further division shall be three years, counting from the date on which the parties knew or should have known of the existence of the property. As long as the shop is indeed the joint property of the husband and wife not involved in the divorce, the court shall, in accordance with the law...
Ningbo Divorce Litigation Evidence Provisions 4 Key Points and 30 Small Points
If the 1. proves that the husband and wife have been separated for two years due to emotional discord or for one year after the people's court has ruled that the divorce is not allowed, relevant evidence to prove the separation of the two parties may be provided, such as the village, neighborhood committee and other grassroots organizations. Residence certificate, house lease contract, etc. If you suffer from domestic violence, you must provide evidence to prove the existence of domestic violence, such as the case receipt issued by the public security department, the police registration form and other alarm records, the public security department record, the injury detection notice, the medical record...
How to deal with the obstruction of invalid marriage in Ningbo after the cause disappears
Xiao Liu did not reach the legal age of marriage when he got married. A few years later, he wanted to end the relationship by "confirming the marriage is invalid" due to the breakdown of his relationship, but at this time both parties have reached the legal age of marriage. What will the court do? The answer may be beyond his expectation: when requesting confirmation of invalid marriage, the people's court will not support the case that the legal invalid marriage has disappeared when filing a lawsuit. In other words, if both parties have reached the legal age of marriage before the legal age of marriage or prosecution, the marriage will no longer be deemed invalid and they want to end the marriage...
Ningbo unregistered marriage cohabiting men and women have no right of inheritance
Lao Zhang and Lao Li lived together for 20 years without marriage registration. After Lao Zhang died, Lao Li advocated inheriting the estate as a spouse, which was opposed by Lao Zhang's children. This kind of dilemma of "living in partnership for half a lifetime, but leaving behind people and money" is not uncommon. Direct conclusion: cohabitation without marriage registration does not produce spouse status, and cohabiting party has no legal right of inheritance in principle; However, there are four ways out-those who meet the essential requirements of marriage and live together in the name of husband and wife before February 1, 1994 can do so...
How to deal with the unregistered marriage cohabitation relationship in Ningbo
Xiao Wang and Xiao Li have lived together as husband and wife for many years without registering their marriage and have a son. Now the relationship between the two sides is broken, and there is a dispute over the upbringing of children and the division of property. One sentence conclusion: in the case of a cohabitation relationship without marriage registration, the two parties do not have the rights and obligations of the husband and wife. 1. Legal status…
How to identify and deal with domestic violence and abuse in divorce in Ningbo
Ms. Zhou has been beaten and scolded by her husband for a long time. She has repeatedly called the police and sought medical treatment. She wants to sue for divorce, and at the same time, she wants to find out the legal criteria and consequences of domestic violence. The conclusion first said: the implementation of domestic violence or abuse of family members is a legal cause of divorce, mediation is invalid should be granted divorce. The determination of domestic violence depends on evidence, the police...
Zhiheng News | Wei Ketai, vice president of Qingdao Bar Association, and his party visited Zhiheng for inspection and exchange
On the morning of June 14, 2024, Wei Ketai, member of the Party Committee of Qingdao Lawyers Industry and vice president of Qingdao Lawyers Association, Wang Shuhan, director of the corporate compliance committee of Qingdao Lawyers Association, Sheng Yan, director of the ecological protection and energy committee, Zhang Li, deputy director of the corporate compliance committee, Jin Wei, deputy director of the ecological protection and energy committee, Wang Liang, member of the ecological protection and energy committee, ecology
Introduction to Zhiheng | A new legal service experience, starting from Zhiheng
About ZHI HENG LAW FIRM Zhiheng Law Firm, Zhiheng Law Firm is one of the earliest comprehensive law firms approved for establishment in our country. In 1995, it settled in Shenzhen, which took the lead in establishing China's market economy system through reform and opening up. After the Central Committee of the Communist Party of China granted Shenzhen a pilot demonstration zone, it will start a strategic transformation by the end of 2021
Zhiheng News | Typhoon is difficult to extinguish enthusiasm for listening to the class - Zhiheng lawyer's sixth lecture of "18 Lectures on the Selection of Company Litigation and Trial Attack and Defense" continues to be well received!
On June 2, 2024, lawyer Yu Yongbo gave a lecture on the 6th lecture of the course "18 Lectures on the Cause Selection of Corporate Litigation and the Attack and Defense of the Court Trial". Shareholders' right to know is a powerful cornerstone of shareholder litigation, and it is particularly necessary to explore how to attack and defend shareholders' right to know. The course answers the call-over attack and defense and difficult questions of shareholders' right to know. Although the dispute over shareholders' right to know belongs to many people's minds
Introduction to Zhiheng | A new legal service experience, starting from Zhiheng
About ZHI HENG LAW FIRM Zhiheng Law Firm, Zhiheng Law Firm is one of the earliest comprehensive law firms approved for establishment in our country. In 1995, it settled in Shenzhen, which took the lead in establishing China's market economy system through reform and opening up. After the Central Committee of the Communist Party of China granted Shenzhen a pilot demonstration zone, it will start a strategic transformation by the end of 2021
Route GuideShu Zhiheng Law Firm Shenzhen Headquarters
Zhiheng Law Firm ZHI HENG LAW FIRM Introduction, Zhiheng Law Firm was established in 1995 and is one of the earliest approved partnership law firms in China, headquartered in Shenzhen. Rooted in the Bay Area, deeply cultivated in the country, and globally distributed, the current scale has entered the top 10 in Shenzhen and the top 66 in China. With high quality and efficiency
How does Ningbo divorce prove that husband and wife have been separated for two years?
Mr. Lin moved out of the house and rented a house for nearly two years due to emotional discord. His wife did not agree to divorce. Mr. Lin wanted to sue for divorce and advocated "separation for two years due to emotional discord". Direct conclusion: two years of separation is one of the legal situations of emotional breakdown stipulated in the civil code, but the threshold is very high-four requirements must be met at the same time: the reason for separation is indeed emotional discord, both parties live separately and live independently, the state of separation continues for two years, and there is objective evidence to support it; Rental contract, residence certificate...
Office GuideShu Zhiheng Law Firm Shenzhen Headquarters
Zhiheng Law Firm ZHI HENG LAW FIRM Building Appearance map, Zhiheng Law Firm ✉️ Zip code: 518034 📞 Tel: 0755-8889 0066 📍 Office address: 22nd Floor, Radio and Television Financial Center, No. 9 Pengcheng 1st Road, Futian District, Shenzhen Address introduction, Radio and Television Financial Center is based in Shenzhen Fuzhou
Zhiheng Party Building | Guangdong Zhiheng Law Firm Party Branch "Hearts go to the party, beliefs are like rocks" theme party day activities were successfully held
In order to improve the party spirit of the party members of the branch, enhance the organizational cohesion and combat effectiveness, the party branch of Guangdong Zhiheng Law Firm went to Huizhou City on May 18 and 19 to carry out the "Red Heart to the Party, Faith Like Pan" theme party day activities. At the beginning of the event, the comrades went to visit the Ye Ting Memorial Hall in Huiyang District of Huizhou City to remember Comrade Ye Ting. Comrade Ye Ting joined the Communist Party of China in 1924
What if one party refuses to dispose of the shared property after divorce in Ningbo?
When Mr. Zhao and his ex-wife divorced, they agreed to divide the house after the sale of the common house, but the ex-wife refused to cooperate with the sale, and the house could not be realized for a long time. The conclusion first says: if one party refuses to cooperate in the disposal of the common property after divorce, the other party does not have to wait-it can request the division of the common property according to article 3803 of the civil code, and the court shall decide that the house shall be owned by one party and compensate, or the price shall be divided after auction or sale; If the other party still does not cooperate after the judgment comes into effect, it may apply for enforcement. Such disputes are common in Ningbo…
Ningbo divorce agreement agreed to voluntarily give up all property, "penniless" can avoid debt?
Source WeChat Public Number: The Judicial Case Research Institute of the Supreme People's Court and the Shanghai High Court As the old saying goes, it is only natural to repay debts. However, some debtors have managed to become "persons with no property to enforce" in order to avoid their debts ". Are these "little tricks" really useful? In the face of such a situation, how should creditors protect their legitimate rights and interests? Recently, the Shanghai Songjiang District People's Court (hereinafter referred to as the Songjiang District People's Court) concluded a case of a creditor's right of revocation dispute...
How to distinguish between husband and wife property agreement, divorce agreement and loyalty agreement in Ningbo
In real life, people often hear about the problems of "marital property agreement", "divorce agreement" and "loyalty agreement". What is the difference between these three and what effect will they have? 1. On the issue of "marital property agreement" Article 1065 of the Civil Code stipulates: "A man and a woman may agree that the property acquired during the marriage and the pre-marital property shall be owned separately, jointly or partly separately or partly jointly. The agreement should be in writing...
Ningbo marital gift property divorce can be returned
The husband gave a set of real estate to his wife during the marriage and registered the transfer of ownership. At the time of divorce, the husband repented and asked to cancel the gift, while the wife believed that the real estate was already her personal property. Direct to the conclusion: one party in marriage will give the property to the other party, as long as the transfer or delivery has been completed, the donor generally can not arbitrarily revoke, divorce when the property belongs to the recipient of individual ownership. This order of judgment determines…
Ningbo divorce agreement to give children's personal real estate, whether to allow arbitrary revocation.
This article is a case of retrial review (Henan Provincial Higher People's Court [2021] Yu Min Shen No. 7676) triggered by a divorce agreement to give children real estate and one party to go back on his word and sell it without authorization after divorce. The core issue: Can the property under one party's name be given to the children as agreed in the divorce agreement? The main points and conclusions of the decision are as follows. 1. Judgment The act of disposing of property to children by both husband and wife on the basis of divorce can be regarded as a kind of gift with the conditions of divorce by agreement...
How to deal with the mortgage of Ningbo husband and wife's common house by one party.
Mr. Zhang arbitrarily mortgaged the house shared by the husband and wife to the bank to borrow money, and his wife wanted to claim that the mortgage was invalid and protect her rights to the house. In reality, it is not uncommon for one party to cash out the mortgage of the shared property behind the spouse's back. The creditor may be a bank or a private lender. Conclusion: If one party mortgages the joint property of the husband and wife without the consent of the spouse, if the mortgagee is in good faith, has paid a reasonable consideration (issued a loan) and registered the mortgage, the mortgage is valid, the spouse is difficult to unilaterally master...
Ningbo will not accept the lawsuit based on the "loyalty agreement" between husband and wife.
During the marriage, the husband and wife signed a "loyalty agreement", which stipulated that one party should compensate the other party for "reputation loss and mental loss compensation of 1 million yuan" if he cheated on the other party. After that, if one party discovers that the other party cheated on the other party, can he sue for compensation based on the agreement? Conclusion first: a loyalty agreement can be signed between husband and wife, which is not prohibited by law. however, the court will not accept the lawsuit brought solely on the grounds of violating the loyalty agreement, and the accepted ruling will reject the lawsuit-the loyalty agreement belongs to the category of emotion and morality, and the law does not give it enforcement power; No...
Ningbo real estate before marriage, add name after marriage, add after then want to "withdraw", OK
Source: Shanghai Jing 'an District People's Court Author: Wu Shuang, Xia Xue, civil court (environmental resources court, executive court) "80" after Mr. Chen in order to maintain the relationship between husband and wife, stable marriage relationship, in the wife Ms. Jiang repeatedly "soft grinding hard bubble", agreed to add Ms. Jiang's name to his pre-marital personal property certificate. However, this move failed to alleviate the contradiction between husband and wife, and the relationship between the two parties became more and more rigid. Mr. Chen felt very regretful for his previous act of adding names...
Can Ningbo Divorce Agreement Harms the Interests of Creditors be Revoked?
The couple agreed to divorce, the house, all the savings to one party, the debt to themselves-creditors can only stare? Not necessarily. The law prepares the creditor with the knife of "revocation right": if the divorce agreement disposes of property without compensation or at a low price and damages the realization of the claim, the creditor may request the people's court to revoke the relevant provisions and let the property return to the liability property for settlement. First to the conclusion: divorce is not a way to evade debts, divorce agreement in the division of property and illegal outside the land, as long as the satisfaction of "free or obviously unreasonable...
Ningbo divorce agreement states that both parties have no common property, can they divide the common house after divorce?
1. Current Case: (China Judgment Document Network) "Civil Ruling Letter for Retrial Review of Civil Applications by Zhang Jun, Wang Shuhua, etc.", Case No.:(2022) Supreme Famin Shen No. 334, Date of Issue: 2022-07-01. Key points of the 2. judgment: although the divorce agreement states that "both parties have no common property and no dispute", the content is inconsistent with the objective facts. the two parties later filed a lawsuit over the ownership and division of the house and the court heard the judgment. the content has been overturned by the objective facts and...
Ningbo extramarital affair gift third party property can be recovered
Ms. Zhang found that her husband transferred money and bought gifts to a third party many times during the marriage, with a cumulative amount of more than 200,000 yuan. She wants to get the money back, but she is not sure if she has the right. The conclusion is clear: you can. During the existence of the marriage relationship, if one party gives the joint property of the husband and wife to a third party without the consent of the spouse, the gift is invalid because it violates public order and good customs, and the spouse (original partner) has the right to demand the full return of the third party. This rule will be implemented on February 1, 2025...
Whether the debt formed by the transfer of equity in Ningbo belongs to the joint debt of husband and wife.
The husband borrowed 5 million yuan from others due to the transfer of the company's equity and failed to repay it. The creditor sued both husband and wife together and demanded that it be recognized as a joint debt of husband and wife. The wife believes that the debt has nothing to do with herself. The conclusion first says: whether the debt incurred by one party for the transfer of equity constitutes a joint debt of the husband and wife, the core depends on three points-whether there is a common intention (joint signature or subsequent ratification), whether the loan is used for the husband and wife to live together, whether it is used for joint production and operation. Large borrowings of transferred equity are usually "beyond the home...
Can Ningbo divorce agreement revoke the gift of real estate to children or others?
In the divorce agreement, it is agreed to "give the house to the children" or "to the third party", and the divorced party repents and wants to revoke it-is there any legal support? The conclusion first: it depends on the object of the gift and the whole agreement. The gift of common property to children is part of the package arrangement of divorce agreement, which cannot be revoked unilaterally and arbitrarily after divorce registration in principle; the (II) of the Supreme People's Court on the Interpretation of the Marriage and Family Code of the Civil Code of the People's Republic of the People's Republic of China (Law Interpretation [2025] No. 1, February 2025...
"520 - Lecture on Legal Knowledge of Lovers" Robbery "in the Name of Love" was successfully held
Love is an eternal topic of human beings. However, in real life, love is not always sweet and beautiful, and sometimes some people cheat "in the name of love", causing all kinds of legal problems. On the afternoon of May 16, 2024, the "520 - Lecture on Legal Knowledge of Lovers" Robbery "in the Name of Love, organized by Zhiheng Marriage, Family and Wealth Inheritance Legal Affairs Center (hereinafter referred to as" Zhiheng Marriage and Wealth Inheritance Center "), was successfully held in the large conference room of Zhiheng Headquarters. This sharing session specially invited Zeng Suzhen, deputy director of Zhiheng Marriage and Wealth Inheritance Center and director of Marriage and Family Affairs Department, to share "From" False Divorce "to True Breakup - A Case-by-Case Analysis of the Legal Effects of" False Divorce ", and Wang Qian, a member of the Center, to share" Does the House Purchased by Parents After Marriage Must Be Mine? ", Zhang Dengfeng, deputy director of the Center and director of the Wealth Inheritance Department, shared" The Unpreventable Cheat Marriage Routine - An Analysis of the Law Behind the Cheat Marriage
Route GuideShu Zhiheng Law Firm Shenzhen Headquarters
Zhiheng Law Firm ZHI HENG LAW FIRM About Zhiheng, Zhiheng Law Firm is one of the earliest comprehensive law firms approved in our country. In 1995, it settled in Shenzhen, which took the lead in establishing China's market economy system through reform and opening up. After the Central Committee of the Communist Party of China granted Shenzhen a pilot demonstration zone, the strategic transformation began at the end of 2021
Ningbo found after divorce ex-husband marriage gift of third party property how to do
Two years after her divorce, Ms. Wu accidentally discovered that her ex-husband had repeatedly transferred money to a third party and purchased luxury goods during the marriage, totaling more than 300,000 yuan. The marriage is divorced, can this "old debt" still be pursued? The conclusion comes first: yes. After divorce, if it is found that the other party has given the joint property of the husband and wife to a third party during the marriage, it may still sue for the return of the third party, and the statute of limitations is generally three years, starting from the date when it is known or should have known that the rights have been infringed and the obligor...
How to distinguish between pre-marital property and post-marital property in Ningbo
Mr. Zhang had a house and a deposit before marriage, and bought a vehicle and financial products after marriage. When divorcing, both parties have a dispute over which belongs to personal property and which belongs to common property-this is the most common scene in Ningbo family disputes. The conclusion first said: the property acquired before marriage is in principle personal property, the property acquired after marriage is in principle the common property of the husband and wife, except for the property of post-marriage interest, natural value-added and personal exclusive property, and the income from the "active investment and operation" of pre-marital property after marriage...
How to divide the equity acquired after marriage in Ningbo.
Ms. Chen's husband subscribed 30% of the shares of a limited liability company in her name after marriage, and the capital contribution came from the joint savings of the husband and wife. At the time of divorce, Ms. Chen argued that the equity belongs to the joint property of the husband and wife and should be divided-can it be divided? Conclusion first: after marriage, the equity acquired by the joint property of the husband and wife, the property rights and interests corresponding to the capital contribution belong to the joint property of the husband and wife, and should be divided in the event of divorce...
Can Ningbo parents mortgage the property in the name of their minor children?
The house is written in the name of the child, parents need funds for business turnover, can you take this suite to the bank mortgage? Many parents think that "the child's house is the house of the family", but the law has special protection for the property of minors. Conclusion: In principle, it is not possible-parents, as guardians, shall not dispose of the property of the ward (Article 35 of the Civil Code) except for safeguarding the interests of the ward, and mortgage the real estate under the name of minor children for the purpose of business turnover, debt repayment, etc., which does not belong to "being...
How to prove that the capital contribution for house purchase comes from one parent in Ningbo divorce
When Ms. Wang divorced, she claimed that the down payment of a certain property came from her parents and should be personal property, but the husband thought it was the joint property of husband and wife. The two sides have disputes over the source of capital contribution-this is the high-frequency dispute point of property division in Ningbo divorce case. Conclusion first: to prove that the purchase capital contribution comes from one parent, it is necessary to provide evidence such as bank transfer records, parents' contribution vouchers, purchase contracts, chat records, etc. to prove that the nature of the money is a gift from the parents to one of their children. The key is not "who gave the money"...