Insights

Can Ningbo's widowed daughter-in-law and son-in-law inherit the inheritance of her parents-in-law?

In the family property inheritance consultation in Ningbo, "whether the daughter-in-law can inherit the house of the parents-in-law" and "whether the son-in-law can divide the savings of the parents-in-law" are frequent questions. Some people think that "the daughter-in-law and son-in-law are people with foreign surnames, so of course they can't inherit them", while others think that "I have taken care of the elderly for so many years, so I naturally have a share of the inheritance". Both understandings are incomplete. According to the Civil Code, daughter-in-law and son-in-law are not within the scope of legal heirs. In principle, they have no inheritance rights to the inheritance of in-laws and in-laws; but if...

Will the court listen to who Ningbo children say they want to talk?

During the divorce, the child said, "I want to talk to my mother (father)". This sentence is very heavy in court, but it is not so heavy that it can decide the result alone. The attitude of the law can be summarized in one sentence: the child has reached the age of eight, and the court "should respect" his true wishes, but "respect" does not mean "compliance". The ultimate standard for whom custody belongs is always four words-the most beneficial to minor children. The voice of the child is an important voice that the judge must listen to carefully, but it is not the only voice, let alone the winner or loser of the parents...

Ningbo Foreign Adoption: How Foreigners and Overseas Chinese Adopt Chinese Children

Let's put the conclusion first: foreigners and overseas Chinese can adopt children in China, but the procedure is much more complicated than domestic adoption. According to Article 1109 of the Civil Code, foreigners have to go through three passes to adopt Chinese children-the adoption must be examined and approved by the competent authorities of the country where they are located in accordance with the laws of that country; the adopter's age, marriage, occupation, property, health, whether he has received criminal punishment and other supporting materials must be certified by the diplomatic organ or an agency authorized by the diplomatic organ of the country where the adopter is located, and by the People's Republic of China...

Do Ningbo cohabiting partners have the obligation to support each other? Can you inherit after death?

Living together for many years but never getting a marriage certificate is a realistic choice for many partners. Once one of the parties is sick, unemployed, or unfortunately died, the other party is most often asked two questions: do I have the obligation to support him (her)? He (she) left, can I inherit the property? Let's make the conclusion clear: there is no legal obligation to support between cohabiting partners, nor can they directly inherit each other's estate as spouses. But that doesn't mean you can't get anything-through a bequest, a bequest support agreement, or...

How to divide the money lent by Ningbo couples during divorce?

The couple lent the money, the IOU is pressed in the drawer, and the "borrowed money" is often forgotten in the divorce. Some people think that if the money is confiscated, it will not be considered property, and there will be no way to investigate when the divorce procedures are completed; others think that whoever signs the IOU will belong to the other party and has nothing to do with the other party. Neither idea is accurate. "Lending money" is a claim in law and belongs to a kind of joint property of husband and wife. As long as it is formed during the existence of the marriage relationship and lent with common property, at the time of divorce...

There is domestic violence in Ningbo. Who will the children be awarded when they divorce?

When dealing with divorce disputes in Ningbo, if one party has domestic violence, the issue that many parties are most concerned about is: who will the child be awarded in the end. The answer to this question requires a clear premise-although domestic violence is an important unfavorable factor when the court judges the ownership of custody, it is not a rule that "as long as domestic violence automatically loses custody. The general criterion for deciding who will directly raise a child has always been the "in accordance with the most advantageous" established in article 1084, paragraph 3, of the Civil Code...

Ningbo industrial injury, traffic accident compensation, divorce should be divided?

Lao Wang of Ningbo was crushed by a machine in the factory and received a sum of compensation for work-related injuries after he was identified as a work-related injury. Li Shifu was rear-ended when he was running freight, rated as a grade 10 disability, and received compensation for traffic accidents. This money is compensation for the injured with their health. When the money is in hand, the question also follows: Who does this money belong to? When divorcing, can the other half be divided? The conclusion is clear: the compensation or compensation obtained by one party for personal injury belongs to the personal property of the husband and wife, in principle...

How much does it cost to fight a divorce lawsuit in Ningbo? Who will bear the legal costs?

How much does a divorce lawsuit cost? This is one of the things many people want to find out before they walk into the court. Let's put the conclusion first: the cost of a divorce lawsuit is roughly divided into three parts, one is the case acceptance fee to the court, the other is the application fee (the most common is the property preservation fee, and the execution fee will be encountered when entering the execution stage), and the third is other expenses actually incurred in the lawsuit, such as real estate evaluation fee, equity audit fee, parent-child identification fee, announcement fee, translation fee, and the client's own lawyer...

Ningbo marriage was found to be invalid, property, children and compensation how to do.

Many people will encounter the same confusion: one party bigamy, or the two are collateral blood relatives within three generations, or one party has not reached the legal age of marriage at the time of marriage, after such marriage is declared invalid by the court, how to divide the property earned by living together over the years, who owns the children, and can they be compensated? Let's put the conclusion first: the court's declaration of the marriage is just a legal denial of the validity of the marriage, which does not mean that everything in the relationship is written off. Property acquired during cohabitation is subject to rules...

What will be the consequences of Ningbo's false divorce and anti-fraud lawsuits to avoid debts?

Ningbo is economically active, with frequent private lending, housing sales, and family business contacts. It is not uncommon for people to have the idea of "fake divorce" and "fake lawsuits" due to debt. Some people think that as long as the house, car, and savings are transferred to the spouse's name, and then someone is found to collude in a lawsuit to "sit down" the debt, and their name is clean, the creditor will no longer be able to catch up. First, make the conclusion clear: the so-called "false divorce" is a real divorce in law, and the divorce registration will take effect. If the divorce agreement mainly...

Ningbo "third party" in marriage, can claim compensation

When a "third party" appears in the marriage, the first reaction of many Ningbo readers is: "Can you let him (her) compensate me?" There is no one-sentence answer to this question, and the claims must be divided into two halves. The law has a clear basis for the right to claim compensation from the spouse who cheated on him, and there are many successful cases in the public judgment documents. However, the current law of our country does not directly and clearly stipulate the claim to the "third party" who intervened in the marriage, and the judgment of local courts is not uniform-some directly rejected...

Ningbo after the divorce of the other party died, the child's upbringing and inheritance how to do

Divorce ends the relationship between husband and wife, not between parents and children. This is a point that many people easily confuse. When the former partner dies unfortunately, the child will not lose his blood and legal ties with the other party because his parents have long been divorced and he lives with only one party. On the contrary, the child is still the first-order heir to the legacy left by the other party; and the guardianship of the child will generally return to the hands of the living party. First remember three words: divorce does not change the parent-child relationship; After the death of the other party...

Ningbo spouse sells house without authorization, can the buyer get the house?

Ningbo's housing prices are high, and a house often hollows out the savings of two generations. The name and who can make the decision on the real estate certificate have become a topic that many families cannot avoid. The husband and wife sell the shared house to others behind the other half's back, even after the transfer of ownership, can the other half still get the house back? Can the buyer get the house steadily? First, give a conclusion: we should see three things at the same time-whether the buyer is "goodwill", whether he has paid a "reasonable price", and whether the house has been "registered for transfer of ownership". All three are satisfied…

How does Ningbo legally adopt a child? Conditions, procedures and registration

If you want to adopt a child, the first step is not to "carry it home", but to go to the civil affairs department of the people's government at or above the county level for adoption registration. This is a hard rule set by the Civil Code: adoption should be registered with the civil affairs department of the people's government at or above the county level, and the adoption relationship should be established from the date of registration. In other words, no matter how deep the relationship between the two parties is and how long they are raised, as long as they are not registered in accordance with the law, the relationship between parents and children is not recognized in law-the child is not "your child", and you are not the child's "father" or "mother"...

Ningbo's will says "only for my children". Can it prevent my daughter-in-law and son-in-law from leaving?

Parents save a house, a deposit, and want to leave it to their children. The most important thing in their hearts is not "give or not", but "give or not clean"-after the children get married, will this heart Will it be counted as the common property of the young couple, and in the future, in case of divorce, it will be divided by half? The answer is very clear: as long as it is stated in the will or gift contract that the property "belongs only to my children personally", it is the personal property of the children and will not become the joint property of the husband and wife due to marriage, and the spouse also...

Ningbo divorce, inheritance disputes, the application of the new law or the old law?

First of all, make the conclusion clear: to judge whether a divorce or inheritance dispute should use the civil code or the marriage law and inheritance law before implementation, it is not "when to prosecute and when to file a case", but when the legal facts that caused the dispute occurred. If the legal fact occurs after the implementation of the Civil Code on January 1, 2021, the Civil Code shall apply in principle; if it occurs before the implementation, the marriage law, inheritance law and its judicial interpretation at that time shall apply in principle; if this legal fact is from the previous implementation...

After Ningbo remarries, do you want to pay child support for your former marriage?

Remarriage is the restart of the marriage relationship, but it is not necessarily the restart of the kinship relationship. In Ningbo's remarried families, two kinds of tit-for-tat statements are often heard: one is "he has remarried, why should I pay alimony to the child in front of him"; The other said, "If the child remarries with his mother, the stepfather should raise it together". Neither claim is accurate. The answer given by the law is very simple: for biological children, the obligation to raise them is not eliminated by parents' divorce or remarriage. For stepchildren, only the real form of caress...

Ningbo will to leave his wife "right of residence", the house to children line not line

"The house in my name, I want to leave it to my children; but when I leave, what about my wife?" This is a question repeatedly asked by many families in Ningbo who are remarried, widowed in their old age, or whose children have a delicate relationship with their spouses. The answer is: it can be both. The law allows both the ownership of the house to be left to the children in the will and the creation of a "right of residence" for the wife ". The wife can live until she dies, and the house eventually belongs to the children-ownership and residency are torn down into two things. This kind of "house for children, residence for wife"...

Ningbo's separation of property: how to divide a large family's house

First, let's put the conclusion in front: divide the family and analyze the property. To put it bluntly, it is to sort out the money and house shared by the family and put it on the specific share of each person's name. It is divided into property and divorce, and parents after the death of the estate, is three different ways. As soon as many people open their mouths, they say, "this house has to be half of me." the first thing the court asks is not "how much do you want", but "why is this house the common property of the whole family and why are you on this list of co-owners". So, the first step in the division of property...

Are daughters who have married out of Ningbo entitled to a share of contracted farmland, residential land, and collective dividends?

In some villages in Ningbo, "once a daughter gets married, the land will be refunded and the money will be lost" is an old saying that has been circulated for many years, but this saying is not legally tenable. A married woman will not lose her membership in a rural collective economic organization because she is married. The key to judging is not whether she is married or not, but whether she is still in the actual production and life of the original collective economic organization, and whether she still uses collective land and other property as the basic living guarantee. As long as she does not acquire contracted land in her new place of residence and is not accepted by another collective economic organization...

Ningbo party is in jail, how to divorce, children and property

if the spouse is sentenced for a criminal case and goes to prison, is this marriage just "hanging"? the conclusion can be made clear first: you can leave, and you don't have to go to the prison to file a lawsuit. For a spouse who is serving a sentence (imprisoned), the other party may sue for divorce in the people's court of his or her domicile or habitual residence; the court will generally coordinate with the prison and hear the case by going to the prison for hearings, remote video hearings, etc. There are three points to be psychologically prepared in advance: the road of divorce by agreement is in reality...

How does the right of visitation in Ningbo work? Overnight, winter and summer vacation, video

In divorce negotiations, the most easily fooled by the phrase "you can watch the children at any time in the future" is the right of visitation. When they live and have their own tempers, "at any time" becomes "no time" and finally they have to go back to the court. The core of visitation right is not whether the law stipulates it, but whether you have put your words to the extent that they can be implemented. Article 1086 of the Civil Code gives the framework: after divorce, the father or mother who does not directly raise the children has the right to visit the children, and the other party has the obligation to assist...

How does Ningbo check each other's marital status and property? What are the legal ways

In Ningbo, when marriage comes to the step of clarifying the relationship and dividing the property, many people think of "checking for themselves" in the first place: checking the marital status of the other party, how much real estate and how much deposit the other party has. But here must first give a clear conclusion-rely on their own directly to check the other side, almost everywhere is a wall; The truly legal, effective and reliable way to be accepted by the court mainly depends on the two judicial channels of court investigation and evidence collection and lawyer investigation. And any illegal purchase of information, private registration...

Ningbo will leave property to "extramarital partner", effective?

Is a cohabiting partner other than the spouse designated as a legatee by a will valid? There is no uniform answer to this question. In judicial practice, there are both courts that determine that all or part of the bequest is invalid on the grounds of violating public order and good customs, and there are also courts that recognize the freedom of the testator to dispose of personal property, and only deny the part of the property share of the spouse, so as to determine that the rest is valid. It is usually not the status of "extramarital partner" itself that determines the direction of effectiveness, but the will's disposition of personal property also...

Can Ningbo rural homestead houses be inherited? What about the children of urban hukou

In the house of their parents in their hometown in the countryside, their children moved their hukou to the city more than ten or twenty years ago, and the old people passed away one after another. whether this old house can be inherited, whether it can be certified, and whether it can be rebuilt after the certificate is completed -- this is a practical problem that many families in Ningbo will encounter. First of all, the conclusion is that the houses on the homestead can be inherited, and the homestead itself cannot be inherited alone. According to the rule of "one house and one house" and "the land follows the house", after the children of urban household registration inherit the house, they can continue to use the house during the existence of the house...

Ningbo will executor and estate manager, who will be in charge of the funeral

As for who will take care of the affairs after the death, the conclusion is clear: if a person appoints an executor in the will, then after the inheritance begins, the executor is the administrator of the estate; only when there is no designation in the will, it will be the turn of the heirs to elect, the heirs to act together, and even the civil affairs department or the villagers' committee will take over. In other words, the "executor" comes from the will, the "administrator" comes from the law, and in the case of an executor, the two identities fall on the same person...

Can Ningbo foster children inherit the inheritance of their adoptive parents?

Conclusion: As long as the adoption relationship is established in accordance with the law, the adopted child is completely equal to the legitimate child in inheritance, and is the first legal heir to the adoptive parents' estate, and can inherit the adoptive parents' estate. However, if the adoption is not established-for example, the adoption is not registered, the adopter does not meet the legal conditions, or the adoption itself is invalid, then the status of the "adopted child" is untenable. Many families in Ningbo that year...

How much should parents pay for the damage caused by Ningbo children's troubles?

When a child makes trouble outside, injuring people and damaging other people's things, parents' first reaction is often to panic: who should pay for the money, how much can be paid, and whether it can be paid less. Let's put the conclusion first-according to the provisions of the Civil Code, if a minor causes damage to others, in principle, the parents, that is, the guardian, shall bear the liability for compensation; if the child himself has his own property, such as lucky money, receiving gifts or inheriting property, he will first use the child's own property to pay the compensation fee, the insufficient part...

Ningbo to hide the debt to give away the property, creditors can recover it?

Before the debt is owed, the house is transferred to the son. After the debt is owed, he immediately signs an agreement with his spouse to leave the house clean, or he simply sells the car to his cousin at a 30% discount-this kind of situation occurs repeatedly in enforcement cases. The creditor came to the door with the effective judgment, only to find that the debtor's name was no longer available for enforcement. Can the money come back? The answer given by the law is: you can chase, but it depends on what kind of transfer you encounter. It is also "giving away property", some of which can be revoked by a court decision...

Can Ningbo will attach conditions? Is "no support, no inheritance" valid?

In Ningbo, many old people will add "additional conditions" when making wills: the house is left to the children who take care of me. If anyone doesn't care about me, they don't want to get the inheritance. This type of arrangement is legally called a will with obligations. The conclusion is clear: a will can attach obligations or set conditions, but the legal effect of "attached obligations" and "attached conditions" is not the same-if the heir or bequestee fails to perform the obligations, the people's court may cancel it at the request of the interested party or the relevant organization...

Can parents spend the inheritance of Ningbo children for him?

The old man died, leaving a sum of money, a house, a will or legal inheritance to give it to the underage child. But as soon as they got the money, their parents turned around and took it to pay off their mortgage, fill in the business deficit, and even transfer it directly to their own account. Parents are often frank in their thinking-"We gave birth to our children, and our children's money is not our money?" This idea is not legally tenable. The inheritance inherited by the child belongs to the child's own property from the moment the inheritance begins; the parents are at this stage...

Does Ningbo Inheritance Have to Pay Debt? How to Understand "Limited Inheritance"

The death of a loved one may leave not only memories but also unsettled accounts. When many Ningbo parties come to consult, they will ask: Do you want to pay back the money owed by your parents and spouses as heirs? How much do you want back? Will you put your own house and savings into it? Conclusion First-China's inheritance system is a "limited inheritance", the heir to the actual value of the inheritance to pay off the taxes and debts of the heirs...

Ningbo divorce agreement says "no remarriage" and "no visit", is it valid?

Many parties in Ningbo took the divorce agreement to ask: the agreement said that "both parties shall not remarry within two years", "remarriage will not give any money", "give up all rights to the child and will not come to see him in the future". does such a clause count? does one party violate it or not to lose money? First to the conclusion: the divorce agreement to restrict the other party's remarriage, restriction of childbirth, deprivation or restriction of visitation rights, restrictions on the other party's work and residence migration of such provisions, generally related to the freedom of marriage and personal freedom, is an invalid agreement...

Who are the legal parents of children born to artificial insemination and IVF in Ningbo?

In Ningbo, more and more couples who are temporarily unable to conceive naturally will use artificial insemination or test-tube baby technology to fulfill their wish to be parents. The most frequently asked question in the clinic is: after the birth of a child, who is the legal parent? Is it the donor who provides the sperm, or the husband who signs off on the surgery and takes the child home to raise it? The answer can be summed up in one sentence-during the marriage, the children born to the husband and wife who agree to undergo artificial insemination are considered legitimate children, and...

Ningbo separation agreement: how to agree on property, children and debts during separation.

When the relationship comes to an impasse, many people will think: can we not divorce first, sign a separation agreement, write down the property, children and debts clearly, and calm down for a period of time? Yes, and a written separation agreement is really useful. But before you start writing, you must first understand what it can and cannot control. First put the conclusion in front: the separation agreement is a special form of "marital property agreement" in legal nature, it is not to dissolve the marriage relationship as the premise, can manage property...

Ningbo false marriage, false divorce, the law is not counted

The words "fake marriage" and "fake divorce" appear frequently in daily conversation. In order to buy a house, settle down, avoid taxes, and avoid debts, some people and people who do not love each other go to get a marriage certificate, and some people and real-life partners go to get a divorce certificate. Both parties acquiesce in their hearts that this is just a procedure and return to the original state. The problem is that the law doesn't see it that way. The marriage registration authority makes a formal examination and only recognizes the documents and records in the register: when the registration is completed, the marriage relationship will be established; The divorce certificate is in hand...

Ningbo spouse "recognizes" the debt to himself, can he go back on his word after divorce?

Many people in Ningbo have encountered such a thing: the other half owed money outside, and the creditor came to the door; or for the sake of family dignity and to help the other party's turnover, he signed an iou and replied in WeChat, "I'll pay the money back 」. Signing is easy, backing out is hard. There are usually only two results of "recognizing" the spouse's debt to oneself and falling into the law: either it constitutes a debt addition, or it constitutes a subsequent recognition of the husband and wife's joint debt. Either way, the recognized party has to be negative to the creditor...

One party in Ningbo is ill, the other party will give up no matter what to do.

In a word, let's start with the conclusion: mutual support between husband and wife is an obligation stipulated by law, not a human relationship that "only exists when the relationship is good. If one party is ill, disabled, unemployed or loses its source of income, and the other party has the ability to give up and neither pay nor contribute, the party in need of support does not have to wait for divorce, but can directly sue the court and ask the other party to pay maintenance fees; if the situation is urgent, you can also apply for first execution, property preservation, and get the life-saving money first. The marriage is still there, and the obligation to support...

How old should Ningbo alimony be paid to the child? Do you want to give it when you are an adult?

Many parents will write in the divorce agreement that "child support will be paid until the child reaches adulthood", while others will write that "child support will be paid until the child is 18 years old". When the child really passed his 18th birthday, the disagreement came: the party who gave the money felt that the obligation was over, and the party who asked for the money found that the child had just entered his freshman year, and the tuition and living expenses were not less. Children go out to work at the age of 16, with stable income, and it is not uncommon for one party to still receive monthly alimony. This type of controversy is recurring, rooted in "adulthood" and "ability to live independently" in...

After the divorce in Ningbo, the other party did not vacate the house. How could it be forced to move out?

The divorce judgment or mediation agreement comes into effect, and the house is decided to belong to you, but the other party changes the lock, rents it, and refuses to open the door-many people call the police first and then move it on their own. These two moves are usually useless: the police are often identified as civil disputes when they arrive. As long as they don't fight or destroy things, they have no right to give you the house. If you force yourself to move, it may turn into mutual fights, illegal invasion of houses or even destruction of property, and you will be held accountable. To legally invite people out, you can only go through legal procedures. After divorce, vacate the house and move out. The key is to see this house...

282026-09

News

On the Composition of the Crime of Rape and Innocent Defense

Author | Li Chenfei, Guiding Lawyer | Zhang Yonglin, 1. The original text of the law "Article 236 of the Criminal Law of the People's Republic of China" - [Crime of rape] Whoever rapes a woman by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. Whoever rapes a young girl under the age of 14 shall be punished severely according to the theory of rape. Rape of a woman or a young girl shall be subject to the following

282026-09

News

Zhiheng Professional | Professional reach and diversified dispute resolution: Zhiheng Xi'an Civil and Commercial Arbitration and Mediation Legal Professional Committee sets sail

In the context of comprehensively promoting the rule of law and deepening the reform of diversified dispute resolution mechanisms, arbitration and mediation, as important dispute resolution methods other than litigation, are increasingly becoming the preferred choice for market players to resolve commercial disputes. Litigation has always been the ultimate guarantee and mainstream path for dispute resolution, and it is also the main battlefield for lawyers to deeply cultivate the field of civil and commercial affairs; arbitration and mediation are in line with diversity

Can people with mental disorders in Ningbo get married or divorced? How to determine the guardianship and effectiveness

Can people with mental disorders get married? Can they get divorced? Let's start with the conclusion: they can get married and divorce, but there are special rules for procedures and effectiveness. The law does not deprive persons with mental disorders of their freedom to marry, nor does it allow others to infringe upon their rights and interests in the name of marriage. The difficulty lies not in "can", but in "how to identify, by whom, and how effective". This paper combines the Civil Code Marriage and Family, the General Provisions of the Guardianship System and the Marriage and Family Code to explain the rules of the (I), combing the validity of the marriage of people with mental disorders boundary and separation...

Ningbo spouse is in debt outside, and what if the house is sealed up?

The house was suddenly sealed up by the court, and the first reaction of many people was "it's over, this house can't be kept". Let's make the conclusion clear: the seizure of a house does not mean that it will be auctioned or sold. Sealing is only a control measure in the implementation procedure, it freezes the right to dispose of the house, not the direct deprivation of ownership. What really determines whether the house will eventually be used to pay off the debt is two questions: first, whether the debt is the debt of "your husband and wife"; second, it is investigated...

Ningbo Encountered Domestic Violence, How to Use Warning and Personal Safety Protection Order

In the event of domestic violence, the law gives you two tools that can be used immediately: one is a domestic violence warning, issued by the public security organ, which is in charge of "stop loss at the moment and leave evidence"; The other is a personal safety protection order, issued by the people's court, which is in charge of "isolating the perpetrator and prohibiting harassment and contact". The two do not conflict and can be used successively or in combination. The conclusion comes first: the alarm is the first step, the warning book fixes this domestic violence into a written document, and the protection order is that the danger has not been lifted...

Ningbo spouse secretly gave away the house and money, how to recover it

Spouses secretly transfer the house to relatives during the marriage, transfer the savings to the heterosexual outside marriage, or spend a lot of money in the live broadcast, lose hundreds of thousands on the gambling table, this kind of dispute in which the property has been sold, or even spent by a third person, but can it be recovered? The conclusion is: in most cases, it can be recovered, but it is necessary to choose the right path, prepare the evidence, and seize the time. In general, there are three main ways to recover the joint property of the husband and wife who have been disposed of without authorization: one is to request the court to revoke the spouse's absence...