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Zhiheng Law Firm | A new legal service experience, starting from Zhiheng

About ZHI HENG LAW FIRM Zhiheng Law Firm, Zhiheng Law Firm was established in 1995 and is one of the earliest partnership firms in China. Its headquarters is located in Shenzhen Special Economic Zone, China. "Zhiheng" comes from the 16th chapter of the Tao Te Ching

2024-10-18

Golden Autumn Welcome · Confidential Progress - Zhiheng 2024 Third Quarter Welcome Party and Zhiheng Family Birthday Party were successfully held

On the afternoon of October 18, 2024, the Golden Autumn Welcome · Confidential Progress - Zhiheng 2024 Third Quarter Welcome & Birthday Exchange Meeting hosted by Zhiheng Law Firm was successfully held. Zhang Nanan, member of the Management Committee of Zhiheng Headquarters and Director of the Youth Industry Committee, Chai Yongxia, executive director of Zhiheng Headquarters, and Gong Anyi, member of the Supervisory Board of Zhiheng Headquarters, attended the event. Recently newly recruited colleagues and birthday stars with recent birthdays participated in the event. The event was chaired by Hu Yanqin, director of the Development Department of Zhiheng Branch. During the speech session, Director Chai Yongxia, Executive Director of Zhiheng Headquarters, first welcomed all new lawyers to become a member of Zhiheng's family, and shared the "Institutional Guarantee of Zhiheng Integrated Platform Construction". Zhiheng is committed to building a world-leading international legal service platform, providing domestic and foreign customers with a full range of high-quality one-stop legal services, and is also committed to providing lawyers with standardized, comfortable and convenient all-round legal services

2024-10-18

Zhiheng sharing

"Lawyers Participate in Execution Experience Sharing" Business Exchange Meeting Was Successfully Held

On the afternoon of October 17, 2024, the "Lawyers' Participation in Enforcement Experience Sharing" business exchange meeting sponsored by Zhiheng Law Firm and co-organized by the Shenzhen Lawyers Association Enforcement Law Professional Committee (hereinafter referred to as "Shenzhen Lawyers Association Enforcement Committee") was successfully held in the large conference room of Zhiheng Headquarters. The event specially invited Luo Zhikai, a senior partner of Zhiheng Dongguan Equity and a member of the Dongguan Law Association's Enforcement Law Professional Committee, Peng Shaozheng, deputy director of Guangdong Shenglong Law Firm and secretary general of the Shenzhen Law Association's Enforcement Committee, and Chen Shixi, a member of the Guangdong Law Association's Enforcement Law Professional Committee and a member of the Shenzhen Law Association's Enforcement Law Professional Committee, to share the theme. Liu Hong, deputy director of the Management Committee of Zhiheng Headquarters, attended the event. The event was chaired by Jiang Guanghua, senior partner of Zhiheng Longgang Equity, director of the Shenzhen Law Association's Enforcement Committee, and deputy director of the Guangdong Law Association's Enforcement Committee. leader

2024-10-17

The National Development and Reform Commission, the Central Hong Kong and Macao Affairs Office, the National Immigration Bureau, the People's Bank of China, the Shenzhen Development and Reform Commission, and the Qianhai Administration visited Zhiheng Qianhai for research and guidance

On October 16, 2024, a group of personnel from the National Development and Reform Commission, the Central Hong Kong and Macao Affairs Office, the National Immigration Bureau, and the People's Bank of China, accompanied by the relevant leaders of the Shenzhen Development and Reform Commission and Qianhai Administration, visited Zhiheng (Qianhai) Law Firm (hereinafter referred to as "Zhiheng Qianhai") to investigate and guide the relevant matters of the joint office of Chinese and foreign law firms. Lan Caiming, director of the Zhiheng Former Sea Management Committee, and Wang Lirong, operation manager of the Shenzhen Representative Office of the American Sleiber Law Firm, attended the meeting. Lan Caiming, former director of Zhiheng Marine Management Commission, first extended a warm welcome to everyone. Then, Director Lan introduced the background of the Sino-US Joint Venture Office, and gave a detailed introduction to the service content, operation model, and the remarkable achievements and positive results of the Sino-US Joint Venture Office since its establishment. Special emphasis was placed on the Sino-US Joint Venture Office

2024-10-17

The appointment ceremony of Zhiheng International Center was successfully held

On the morning of October 17, 2024, the International Center of Zhiheng Law Firm held an appointment ceremony in the large conference room of Zhiheng headquarters, officially hiring Ma Xue, president of the International Reverse Merger and Listing Federation of global investment banks, as an international strategic consultant, and Xie Zhuoheng, executive chairperson of Shenzhen Logistics Industry Association, as an international logistics consultant. Xu Min, founder of Qianhai Industry Think Tank, and many cross-border business experts were invited to attend. Lan Caiming, director of Zhiheng Qianhai Management Committee and senior consultant of Zhiheng International Center, Chai Yongxia, executive director of Zhiheng Headquarters, Gu Xiaoqing, executive director of Zhiheng International Center, Song Ge, director of operations of Zhiheng International Center, Yan Yunyun, strategic consultant of Zhiheng International Center, Xu Peng, etc. participated to witness this moment. Leader's Speech Zhiheng Former Director of the Maritime Management Committee and Senior Consultant of Zhiheng International Center, Lan Caiming, Director Lan Caiming, delivered a welcome speech on stage. Welcome all guests to Zhiheng to witness this very meaningful moment together.

2024-10-17

The signing ceremony of strategic cooperation between Shengdi Law Firm and Zhiheng International Center was grandly held

On the morning of October 17, 2024, the signing ceremony of the strategic cooperation between Shengdi Law Firm and Zhiheng International Center was grandly held in the large conference room of Zhiheng Headquarters. Ma Xue, President of the International Reverse Merger and Listing Federation of Global Investment Banks, Xie Zhuoheng, Executive Chairperson of Shenzhen Logistics Industry Association, Xu Min, founder of Qianhai Industry Think Tank, and many cross-border business experts were invited to attend. Sun Di, Director of Shengdi Law Firm, Chai Yongxia, Executive Director of Zhiheng Headquarters, Lan Caiming, Senior Consultant of Zhiheng International Center, Gu Xiaoqing, Executive Director of Zhiheng International Center, Song Ge, Director of Operations of Zhiheng International Center, Yan Yunyun, Strategic Consultant of Zhiheng International Center, Xu Peng, etc. participated in the ceremony. Leader's Speech Chai Yongxia, Executive Director of Zhiheng Headquarters, Director Chai Yongxia, first welcomed everyone on behalf of Zhiheng, and said that since the implementation of strategic transformation, Zhiheng has continued to be committed to building a world-leading international legal service platform, from Shenzhen to the whole country, from

2024-10-16

Lawyer Yang Peizhi has officially become a Registered Foreign Lawyer (RFL) in Hong Kong.

Recently, a new member of ZHI HENG LAW FIRM (hereinafter referred to as "ZHI HENG LAW FIRM"), Lawyer Yang Peizhi, has passed the examination and assessment of the Standing Committee on Discipline of the Law Society of Hong Kong, and has officially become a Hong Kong Registered Foreign Lawyer (RFL) after being reviewed and decided by the Council of the highest governing body of the Law Society of Hong Kong. Lawyer Yang Peizhi can practice THE PRC China within the jurisdiction of Hong KongLegal Practice in the People's Republic of China. On the afternoon of October 16, 2024, the unveiling ceremony of Hong Kong Registered Foreign Lawyers (RFL) was held in the large conference room of Zhiheng Headquarters. Chai Yongxia, Executive Director of Zhiheng Headquarters, Luo Baiyun, a partner of Zhiheng Hong Kong and a registered lawyer of the Law Society of Hong Kong, Shen Shijin, Deputy Director of the Supervisory Board of Zhiheng Headquarters, and Chen Hong, a member of the Supervisory Board of Zhiheng Headquarters, participated in the unveiling ceremony and congratulated. Group photo of Yang Pei at the unveiling ceremony

2024-10-15

Ningbo Judgment No Divorce, Will Another Prosecution be Sentenced

Many parties will ask after the first lawsuit for divorce and the court has ruled that the divorce will not be allowed, will they wait, and the second lawsuit will definitely lead to a divorce? First, give the conclusion: after the judgment is not allowed to divorce, the two parties have been separated for another year, and if one party sues for divorce again, the court shall grant the divorce; less than a year, the court will comprehensively judge whether the relationship has indeed broken down. The probability of the second prosecution is indeed high, but it is not automatic-it is accurate that "it will take six months to sue again" and "it should be sentenced to leave after one year of separation...

2024-10-15

How to determine the ownership of children's support after divorce in Ningbo

In divorce, parents are often most concerned about who their children live. When determining the ownership of custody, the court does not simply look at who has the highest income, but follows the principle of "the most beneficial to minor children", and combines the children's age, parental conditions and other comprehensive judgments. The 1. legal basis is the third paragraph of Article 1084 of the Civil Code: after divorce, children under the age of two shall be directly raised by their mothers. For children who have reached the age of two, if both parents fail to reach an agreement on the issue of support, the people shall...

2024-10-15

Zhiheng sharing

The theme sharing session on "The Development and Improvement of Lawyers' Cross-border Business" was successfully held

On the afternoon of October 15, 2024, the theme sharing meeting on "The Development and Improvement of Lawyers' Cross-border Business" hosted by the Foreign-related Legal Affairs Center of Zhiheng Law Firm was successfully held in the large conference room of Zhiheng Headquarters. This event specially invited Xie Juan, senior partner of equity of Beijing Yingke (Shenzhen) Law Firm and director of the Foreign-related Legal Professional Committee of Yingke South China, to share the theme. Hua Junli, member of the Management Committee of Zhiheng Headquarters and director of the Foreign-related Legal Affairs Center, Liu Yunfa, deputy director of the Supervisory Committee of Zhiheng Headquarters, Wang Qianqian, director of the Legal Affairs Department of Cross-border E-commerce, and Wan Zhengyu, director of the Foreign-related Digital Legal Affairs Department The Development and Improvement of Lawyers' Cross-border Business "Theme Sharing: Xie Juan, Senior Equity Partner of Beijing Yingke (Shenzhen) Law Firm and Director of Yingke South China Foreign-related Legal Professional Committee

Can children be raised in turn after divorce in Ningbo?

In many divorce cases, both parents are reluctant to give up their children, and they are worried that one party's separate custody will leave the other party vacant, so they ask: Can the children be raised by the parents in turn after the divorce? Conclusion: Yes, but there are two prerequisites-both parents agree, and the rotation of custody is beneficial to the interests of the children. Article 48 of the Interpretation (I) of the Supreme People's Court on the Application of the Marriage and Family Code of the the People's Republic of China Civil Code clearly stipulates that under the premise of protecting the interests of children, both parents...

Can Ningbo alimony be required to be paid until college graduation?

In the event of divorce, many parents agree to pay alimony until their children reach adulthood. After the child is admitted to the university, the living and tuition expenses will increase significantly, can the adult child ask his parents to pay support until he or she graduates from the university? In practice, the court generally does not support it, unless the child belongs to the legal situation of "unable to live independently. One sentence conclusion: alimony is generally paid until the child reaches the age of 18; Adult college students do not belong to "children who cannot live independently" in principle, and parents do not have the legal right to continue to pay...

Can Ningbo's other party not allow children to be enforced?

After divorce, the party who does not directly raise the children often falls into such a dilemma: custody belongs to the other party, every visit is refused for various reasons, and the agreed "pick up the children on Saturday" fails again and again. Direct conclusion: visitation right can be applied to the court for enforcement, but the special logic of enforcement must be understood-the object of court enforcement is "uncooperative guardians", not the children themselves; The law clearly cannot enforce the children's personal and visiting behavior. What the court can do is to refuse to assist...

Will the divorce of the house bought by Ningbo with the ex-husband's death compensation be divided?

During her second marriage, a woman bought a small property right house with her ex husband's compensation for the death of a traffic accident. At the time of divorce, the current husband advocated dividing the property. The court finally found that the purchase price came from the woman's personal property before marriage, and the property did not belong to the joint property of the husband and wife. This case shows that the source of the property and the evidence determine whether the divorce will be divided. The conclusion first said: one party with pre-marital personal property (including personal injury compensation) in the purchase of real estate after marriage, in principle, belongs to personal property, divorce is not divided...

Which three situations in Ningbo can require the return of bride price

Disputes over bride price are a high-frequency type in marriage and family cases: the parties fail to get married after the bride price is paid, or divorce soon after marriage. Whether and how much the bride price can be returned is the most concerned issue of the parties. According to Article 5 of the Interpretation (I) of the Supreme People's Court on the Application of the Marriage and Family Code of the the People's Republic of China Civil Code, the three legal circumstances for requesting the return of the bride price are: the two parties have not gone through the marriage registration procedures; the two parties have gone through the marriage registration procedures but have not lived together; pre-marital payment and lead...

How to sign a valid prenuptial agreement in Ningbo

The prenuptial agreement is not a calculation to "hurt feelings", but to clearly write down the property boundary between two people to avoid repeated wrangling over "yours and mine" in the future. The crux of the problem is not "whether to sign or not", but "how to sign is valid and how to sign is counted". 1. prenuptial agreement to manage what, no matter what property and debt is the core, personal freedom can not be about prenuptial agreement mainly deal with premarital property ownership, after marriage property system, debt commitment, the disposition of specific property and other property matters. According to the Civil Code...

What issues can be agreed upon in Ningbo prenuptial agreement

More and more couples choose to sign a prenuptial agreement before marriage to clarify matters such as property ownership, debt commitment, and family living expenses. However, prenuptial agreements are not written as you like. Some agreements are valid, while others may be adjusted or deemed invalid by the court. First to the conclusion: the prenuptial agreement can mainly agree on the ownership, management, income, disposition of property before and after marriage, as well as family living expenses, debt commitment and other property matters...

Is the Ningbo prenuptial agreement valid for the wrong party to clean up and leave the house?

"Whoever cheers will leave the house clean"-this sentence often appears in prenuptial agreements. After one party cheers, the other party takes the agreement and asks the other party to "go out empty-handed". Does it have legal effect after all? The key depends on what it is written as: whether it is "property ownership agreement" or "punishment conditional on divorce". The treatment of the two is very different in the eyes of the court. One sentence conclusion: the personal punishment clause written as "whoever mentions divorce and who is wrong will give up all his property" is mostly due to restrictions on the freedom of divorce and violation of public order...

Ningbo the other party refused to pay maintenance how to do.

After divorce, one party refuses to pay alimony, and the party who directly raises the children does not have to submit to humiliation: the law gives two clear paths-if the divorce is agreed, it will be sued in the name of the children; if the divorce is litigated, it will directly apply for enforcement. Conclusion first: alimony is the right of the child rather than a private claim between the parents, and the plaintiff is the legal representative of the child and the direct dependant at the time of prosecution. The other party “…

How to divide the equity of Ningbo husband and wife after divorce

When one spouse becomes a shareholder of a limited company with common property after marriage, the division of shares in the event of divorce must comply with the provisions of the Civil Code on marriage and family, as well as the provisions of the Company Law on the transfer of shares and the right of first refusal of shareholders. When the interests of other shareholders are involved, they cannot be divided directly in half according to the joint property of the husband and wife. The 1. sentence concludes that the equity of a limited company held by one of the spouses may be owned by one party through negotiation and compensated at a discount, or transferred to the spouse...

Is it valid for Ningbo husband and wife's property agreement to give the property to the other party?

Sign an agreement within marriage to "give" the house registered in your own name to your spouse-is this agreement legally recognized? Can you revoke it at any time? The conclusion first says: the answer depends on whether this document is recognized as a "husband and wife property agreement" or a "gift contract". there is a huge difference between the two in terms of whether it can be revoked-if it is clearly written as a husband and wife property agreement and is in written form, it is legally binding on both parties and generally cannot be revoked arbitrarily. The wording is "gift" and the property has not been transferred and has not been notarized...

How to sign a valid prenuptial agreement in Ningbo

A prenuptial agreement is not valid if it is signed. Some agreements stipulate that "if one party cheats, he will leave the house clean", while others restrict the other party's remarriage and childbirth. These clauses may be deemed invalid due to restriction of personal rights or violation of public order and good customs. The key to a valid prenuptial agreement is to grasp the legal boundaries. Conclusion first: a valid prenuptial agreement should be in written form, the content is limited to property agreement, shall not restrict personal rights, shall not violate public order and good customs or obviously unfair...

What does a valid prenuptial agreement in Ningbo generally contain?

A standard and effective prenuptial agreement can not only clarify the property ownership, but also reduce the disputes after marriage. Conclusion first: valid prenuptial agreements usually contain six major sections: information of the parties, signing background, property agreement, creditor's rights and debts, rights and obligations, and dispute resolution, with the core being property agreement. The agreement must be in written form, the true intention of both parties, does not violate the mandatory provisions of the law and public order and good customs, and the provisions involving child custody, guardianship and other identity matters are invalid. The agreement does not need to be registered in Ningbo...

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...

Zhiheng sharing

"Chongyang Festival Reflecting Kindness - Wealth Inheritance Practice Exchange Meeting" was successfully held

On the afternoon of October 11, 2024, the "Chongyang Festival Reflection of Kinship - Wealth Inheritance Practice Exchange Conference" sponsored by the Marriage and Family Affairs and Wealth Inheritance Legal Affairs Center of Zhiheng Law Firm (hereinafter referred to as "Zhiheng Marriage and Wealth Inheritance Center") was successfully held in the large conference room of Zhiheng Headquarters. This exchange meeting was brought by Zhuang Aimei, Secretary General of Zhiheng Marriage and Financial Transmission Center, and Bao Yingqi, Deputy Director of the Wealth Inheritance Department of the Center. Li Huahong, Member of the Management Committee of Zhiheng Headquarters and Director of the Women's Working Committee, Liu Yanhua, Member of the Management Committee of Zhiheng Headquarters, Director of Zhiheng Marriage and Financial Transmission Center, and Zeng Suzhen, Deputy Director of the Center and Director of the Marriage and Family Affairs Department, attended. Chen Siyi, Member of Zhiheng Marriage and Financial Transmission Center, presided over the event. Leader's speech Li Huahong, member of the Management Committee of Zhiheng Headquarters and director of the Women's Working Committee, delivered a speech to thank the marriage family and the financial inheritance center for organizing this very meaningful event on the Double Ninth Festival, which exacerbated the problem of aging

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...