What legal disputes may be involved between couples?Two typical cases tell you

Author:Cover news Time:2022.08.04

Cover reporter Dai Zhuxin intern Su Xueqing

When the "Qixi Festival" is approaching, in order to help everyone establish the correct view of love and marriage, to avoid damage to rights due to lack of legal awareness during their exchanges. On August 4th, the reporter learned from the Chengdu Qingyang Court two cases, reminding couples to avoid the disputes between couples.

Case number one

Dispute of marriage contract property

The plaintiff Wang Qiqi (pseudonym) and the defendant Wang Xixi (pseudonym) had previously been a couple relationship. During the love of the two, they lived together and planned to get married.

The two men broke up with their feelings. The defendant Wang Xixi believes that the 88,000 yuan they received were all used for the living expenses during the time with the plaintiff Wang Qiqi. When the two broke up, the defendant Wang Xixi was 29 years old and missed the best age of marriage and love. Xixi did not need to return to the plaintiff Wang Qiqi.

The court's trial believes that the marriage contract is an important manifestation of the preparation of men and women for the purpose of future marriage. Paying the engagement gift is an important manifestation of the marriage contract relationship, but one party is forbidden to use marriage to ask for property. In this case, the parties of the two parties have not yet completed the marriage registration procedures and they have broken up, which has caused the marriage contract to be unable to be fulfilled. According to Article 5 of the "Supreme People's Court on the Application of Marriage and Family Editors (1)" The court comprehensively considered the defendant Wang Xixi to bear a lot of common living expenditures during the cohabitation of the two sides.

Case 2

Commonial relationship analysis of production disputes

The plaintiff Deng Tiantian (pseudonym) and the defendant Peng Mimi (pseudonym) couple relationship. During the love of the two, they jointly invested in a house. At the same time, there are a lot of exchanges between the two.

After the breakup, the houses purchased by the two were sold by the defendant Peng Mimi. The plaintiff Deng Tiantian then sued that the house's value -added part was divided in proportion, and the defendant Peng Mimi returned more than 100,000 yuan during the relationship. The defendant Peng Mimi believes that during the love of the two, there are money to communicate with each other, and the amount of the defendant Peng Mimi transferred to the plaintiff Deng Tiantian is greater than the plaintiff Deng Tiantian transferred to the defendant Peng Mimi, and should not be returned.

According to the trial, the court involved in the house was co -purchased by the two parties during the cohabitation. After the two parties ended the cohabitation relationship, the plaintiff Deng Tiantian had the right to ask for the common property according to the proportion of its capital contribution. As for the exchanges between the two people's love period, the court believes that according to the existing evidence, it is not enough to prove that the plaintiff Deng Tian Tian transferred to the defendant Peng Mimi in all aspects. Essence

The judge reminded that when the couple is in the next month, when you are in the same time, they often do not care about the details of economic exchanges, and even expressed their mutual trust and affection with economic efforts. However, once emotions change, property disputes often break out.

When the amount and nature of the two parties cannot be reached, the contradictions are intensified, and they are continuously intensified and upgraded in the process of asking for money, and they finally lose their patience and are in the court.

The judge suggested that for large amounts of money during love, written evidence should be retained as much as possible, and the payment payment should be used as much as possible in order to retain the vouchers.

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