After 18 years of disappearance, the ex -wife suddenly requested a division of funds, and the court sentenced

The wife ran away from home after marriage,

18 years without a message,

Husband has helpless prosecution,

Because the wife's whereabouts are unknown,

The court made absent judgments and allowed divorce.

18 years later, the house was collected,

The ex -wife suddenly appeared to ask for a equal division of funds

The husband argued that he had been sentenced to divorce for many years,

It should be regarded as a wife's right to give up property division.

How does the court judge?

Please see this case!

Retrospective

In 1984, Li and Liu registered their marriage. After the marriage, there was a child in 1986, and the brick tile house purchased in the marriage was added to a two -story building. In 2003, his wife Li had never returned home after going out, and there was no news. In 2009, her husband Liu sued the court to divorce. Because Li's whereabouts were unknown, the court made a absence of verdict in accordance with the law and allowed divorce.

In April 2021, Li and Liu's original houses were collected, and a total of more than 560,000 yuan was obtained. In June of the same year, Li, who disappeared for 18 years, suddenly appeared and sued Liu Mou, asking Liu to ask for compensation for the average division of house demolition.

Court decision

The court found out that the compensation for the collection and publicity of Li and Liu was more than 500,000 yuan, and there were more than 50,000 yuan in compensation given by neighbors, and the total of more than 560,000 yuan was the marriage relationship between the two parties. Common property during the duration. At the same time, after Li went out to the house, Liu had repaired the house, which cost more than 10,000 yuan.

After the court trial, the collection of houses was a common property during the marriage relationship between Li and Liu. For litigation requests for Li's request for dividing house demolition compensation, it should be supported. Before the house was collected, Li, Liu, and Liu had the right to manage the rights and obligations as the house. However, after leaving home in 2003, Li did not fulfill his management obligations for common objects. Therefore, he should be in the house in the house. After deducting maintenance costs in the compensation for demolition, the remaining 540,000 yuan will be divided according to the common property.

In addition, during the period of departure from home to Liu, Liu had long -term no news, unknown whereabouts, and did not fulfill their family obligations. The court then sentenced Liu to 40%of the total compensation of Li's house demolition, that is, more than 210,000 yuan. Li did not accept the judgment of the first instance and made an appeal. After the trial was tried, Yiyang Intermediate Court rejected the appeal according to law and maintained the original judgment.

Judge

The abandonment of civil rights must be expressed in order to take legal effect. Article 140 of the "People's Republic of China" stipulates that the perpetrator can explicitly explicitly explicitly express intention. Silence can only be regarded as an expression only when there is a legal provision, the parties agreed or in line with the transaction habits between the parties. During the divorce litigation or agreement divorce, although the two parties did not divide all the common property of the husband and wife, they could not predetermine the parties to give up the division of property without a clear agreement or no special provisions. "Explanation of the Supreme People's Court on the Application of the People's Republic of China" Article 83: After the divorce, one party claims to the people's court on the grounds that the husband and wife joint property fails to handle the joint property, After reviewing the property that the property is indeed not involved at the time of divorce, the people's court shall be divided according to law.

Principles of unimfled property during divorce. After divorce, there is no division of property during the divorce. The principle of handling is consistent with the principles of dividing the common property of the husband and wife during the divorce. After determining the common property of the husband and wife, the property is divided in accordance with the principles of taking care of women, children, and no faulty party. If there is a malicious hidden and transferred property, it should be less or indiscriminate when dividing the common property of the husband and wife.

When the common property is divided, the necessary management costs should be deducted first. Article 300 of the "People's Republic of China" stipulates that some people shall be managed by the shared real estate or property in accordance with the agreement; if there is no agreement or the agreement is not clear, the common people have the right to manage the rights and obligations. Article 302 stipulates that the management expenses and other burdens of the common people shall be agreed if there is an agreement; if there is no agreement or the agreement is not clear, the common person shall bor it in accordance with their share, and the joint person sharing shared people shall share the joint burden of the common person to jointly bear the joint burden of the common person to share the joint burden. Essence

Source: People's Court of Datong Lake Management District, Yiyang City, Hunan High Court

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