The wife does not want to divorce her husband, just want to divide the property, okay?

Not long ago, the public account of the "Xiamen Siming District Court" in Fujian Province released a case of "Husband gave it to 'Primary Three' 8", only 5,000 yuan to his wife every month ": Husband Lu Qiang was derailed in the marriage and gave it to" Primary Three "I bought 8 suits and transferred millions of yuan for" Primary Three ". His wife Wei Yun was disheartened and sued to the court to ask for the division of the joint property of the husband and wife in the marriage. After the trial, the court supported Wei Yun's proposition.

The case quickly rushed to the hot search list, which also caused many people's curiosity: the "gift" behavior of extramarital affairs did not count? Can the wife chase the property from the "Little Three"? Can husband and wife divorce property without divorce?

Recently, the reporter interviewed the opinions of some professionals based on the relevant issues. They interpreted these legal issues from legal regulations, court decisions, and case handling practice.

Is the "gift" behavior of extramarital affairs effective?

The lawyer said that most of the husband and wife's division of property in marriage, most of which are related to major faults in marriage.

The case of Lu Qiang in Xiamen was because Lu Qiang not only found the "Primary Three" outside, but also had a large amount of "gift" behavior. After Lu Qiang met and developed into a love relationship, Lu Qiang transferred more than 3 million yuan to Yan Hua in five years.

Lu Qiang also hid his wife to buy 4 real estate in Xiamen in his own name, purchased 8 real estate in other cities, and gave all the 8 sets of real estate to Yan Hua. Lu Qiang's wife, Wei Yun, came to the court to claim to divide the husband and wife's property, including Lu Qiang's "gift" Yan Hua's 8 sets of real estate and 3 million yuan deposit.

Then the question is: Lu Qiang and Wei Yun's marriage still exist, and he personally dispose of the common property of the husband and wife without authorization. What does this "gift" behavior? He "gives" such a large amount of property "Yan Hua, is this behavior effective in law? In this regard, marriage and civilian lawyers believe that the law does not protect extramarital affairs, and naturally does not protect the "gift" behavior caused by extramarital affairs.

Sichuan Henghe Lawyer's lawyer Zhi Kunkun said that after the marriage registration of men and women, the two sides must fulfill their duties of husband and wife, and loyalty is one of the obligations of husband and wife. If one party spends money and buy a house for the other party, it is not protected from the law. Once the wife complains to the court, in most cases, this "gift" will be identified as an invalid behavior.

Why is it invalid? Zhi Yankun said, first of all, this "gift" violated the loyal obligations of husband and wife who violated the law. Secondly, this "gift" harmed the legitimate rights and interests of the wife's common property on the husband and wife. Finally, this "gift" violates the public order and customs and is not allowed to be allowed.

Can the wife ask the "Primary Three" to return the property?

Since the derailment direction "Primary Three" gift property is invalid, can the wife ask the "Primary Three" to return the property? The answer is: Yes.

Li Jingxian, a lawyer in Inner Mongolia's Dongri Law Firm, said that in the legal relationship of "Primary Three" gifts in the direction of derailment, the derailment party is the main body of the gift behavior, and "Primary Three" is the subject of the acceptance of the gift. Although the wife is not the opposite person in the legal relationship, the common property of the husband and wife punished by the derailed party involves the interests of the wife's property and infringes the equality of the other party's equality. The people's court requested the people's court to confirm that the gift was invalid and requested the "Primary Three" to return the gift of the gift.

Li Jingxian said that after the husband and wife get the certificate, the relationship between the two is protected by law, and the property is also shared by the husband and wife, mainly including: wages and bonuses during the marriage period of marriage; income of intellectual property; All property belongs to the common property of the husband and wife.

Since it is the common property of the husband and wife, the husband and wife need to decide how to use and where to use it. Especially when the amount is large, the other party needs to know that individuals have no right to punish them without authorization.

So, what should I do if "Little Three" does not? In this regard, Yi Yi, a public welfare lawyer of the National Women's Federation and a lawyer of Beijing Family Law Firm, said that after his wife put forward the property return request, the "Primary Three" should be returned. If the "Primary Three" refuses to return, his wife can file a lawsuit to the people's court and ask for enforcement.

Lawyers said that there are two methods in practice to chase property from "Primary Three". One is that the "Primary Three" to the court requested that the gift of the gift was invalid, and the "Primary Three" was required to return the property. The other is that the derailment party is divorced, and the derailment party is required to go out of the house, because the derailment party is a behavior of transferring the common property of the husband and wife. When the divorce, the derailment party must be less or the property regardless of property. In addition, you can also choose to divide the property without divorce.

"If you are responsible for bringing the children, you can also ask the other party to compensate." Liu Yi, a lawyer of Guangdong Dafang Law Firm, said that according to Article 1088 of the Code of the Civil Code, one husband and wife have for breeding their children, taking care of the elderly, and assisting the other party to work Those who are obliged to have more burdens, and they have the right to request compensation from the other party when they divorce, and the other party shall give compensation. The specific measures shall be approved by both parties; if the agreement does not, the people's court will be judged.

Of course, there are also some "gifts" situation that wives cannot pursue "Primary Three". The lawyer said that there are two kinds of situations. One situation is that the derailment direction "Primary Three" is given to its pre -marital property and personal property after marriage. Essence

Another situation is that both the husband and wife agreed to obtain their property in their marriage. Article 1065 of the Civil Code stipulates that both men and women may agree that the property obtained during the existence of marriage and the property of pre -marital property is owned by each. The property obtained by the husband and wife for the duration of the marriage relationship and the agreement of pre -marital property are legal binding to both parties. According to such regulations, if the husband and wife agreed to obtain their property in their wedding, the derailed party dispose of their own property does not involve the property interests of the wife's side, and the wife has no power to pursue the "Primary Three".

Can special reasons be divided into marriage in marriage?

For special reasons, can both husband and wife divide the property in marriage? The answer is still: yes.

In the case of Lu Qiang in Xiamen, Lu Qiang's wife Wei Yun did not want to divorce. She went to the court to sue to ask for divorce when dividing the common property of the husband and wife. Wei Yun's purpose is to return the property and money to the "Primary Three" by prosecution to divide the property. Later, the court made a verdict that supported Wei Yun's proposition that the couple could be divided in marriage because of special reasons for special reasons.

Lawyers said that the legal basis for the division of property in marriage is Article 1066 of the Civil Code. This legal provision stipulates that during the duration of the marriage relationship, one party has a serious damage to the joint property of the husband and wife, such as hidden, metastasis, transformed, damaged, and splurge on husband and wife common debt, and people who have legal support obligations to suffer from legal support obligations. If a major illness needs to be treated, and the other party does not agree to pay relevant medical expenses such as related medical expenses, one husband and wife can request a separate property from the people's court according to law.

The lawyer of Beijing Zhongwen Law Firm said that the principle of splitting property by husband and wife is generally equal to the division, but the court will take care of the wrong party in principle. If one party derails, the other party can require multiple property, and the court will generally support it. In addition, derailment in the marriage, if it meets Article 1090 of the Civil Code, is a big divorce or other major faults stipulated in Article 1090 of the Civil Code, and the faulty party may ask for damage compensation.

"During the division, it is mainly to divide the common property of the husband and wife. The property of the husband and wife is owned by the individual, which is generally not divided." Xin Jin Guo said.

So, which are the common property of husband and wife? Article 1062 of the Civil Code stipulates that there are mainly 5 categories: 1. The salary, bonuses, and labor remuneration of husband and wife during the existence of the marriage relationship; 2. The income of production, operation, and investment; Except for the premiums, except the provisions of Article 1063 (3) of the Code of the Code; 5. Other assets of the common property. These above belong to the common property of the husband and wife, owned by the husband and wife, and the husband and wife have equal handling.

What are the personal property of husband and wife? Article 1063 of the Civil Code stipulates that it is also 5 categories: 1. The pre -marital property of one party; 2. Compensation or compensation obtained by one party due to personal damage; 3. Determine in the will or gifts to determine the property of only one party; 4. Dedicated one party dedicated to one party. Daily necessities; 5. Other assets of the sample. These 5 categories belong to the personal property of the husband and wife, and generally do not divide.

In addition, lawyers also said that there are still two property in judicial practice that cannot be divided. One is that the homestead cannot be divided; the other is that the real estate registered in the child's name cannot be divided. It is legal that individuals do not have the right to owns the homestead. That is to say, the homestead does not belong to the personal property and belongs to the collective property. Therefore, when the husband and wife divide the property, the homestead cannot be divided.

Since the homestead cannot be divided, can the house on the homestead be divided? Lawyers said that this should also be divided into two situations: First, if the house on the homestead is covered before marriage, the house on the homestead is a personal property, and the house and the homestead cannot be divided after divorce. The second is that if the house on the homestead is covered after marriage, then the house on the homestead belongs to the common property of the husband and wife and can be divided.

As for the division of real estate registered under the child name, the lawyer said that the property registered under the child name belongs to the parents unconditionally to the children because the property is already a child, so the part of the husband and wife cannot be divided.

Regarding the problems such as "playing with cat greasy" and secretly transferring property in the division of property, Peng Yan Junzu, a lawyer of Beijing Changhong Law Firm: In the case of this situation, both of the original defendants can apply to the people's court for freezing frozen The other party's property, which is legal in property preservation. It is also a security measure to take compulsory measures to restrict the parties 'punishment of the parties' punishment after the case of accepting the case and making a judgment. It is also a security measure.

The case -handling staff advocated that the couples should be loyal to marriage, live in harmony, and obey the public order and good customs, and play less "flower intestines", which can save a lot of trouble. The husband and wife are harmonious and trust. Those who are in the court will naturally have less property, and the family and society will naturally be harmonious. (The person involved in the article is the name of the case.)

(Source: Fangyuan WeChat Author: Guo Hongping)

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