The divorce judgment has been granted a divorce, but the house has to be appealed separately, how to

Why does the house have to be appealed separately? If you think that the division of the house by the court of first instance is unfair, you can appeal, if the court of first instance believes that the house does not have a title deed, or that the title deed of the house is not in your name, or that the property belongs to you and others and tells you to sue separately, then you should consider whether what the court said is correct, if it is correct, please do not appeal, because that will only waste your time and energy.

The format of a separate lawsuit is the same as when you first wrote the complaint. If you are worried about exceeding the appeal period, you can make an appeal brief and mail it to the case undertaker by express mail or ** letter, or you can mail it directly to the Case Filing Division of the Intermediate Court, and remember to keep the receipt.

This way, you won't delay the appeal deadline because it is busy during the Chinese New Year.

Thank you for your interest and trust. and legal expert Li Jingmin is willing to be your loyal friend. I wish you a happy Chinese New Year and all your wishes come true.

Format of Attached Appeal Brief:

Appeal brief. Appellant: Your basic information.

Appellee: Basic information and contact of the other party**.

Appeal request: 1. Revocation of item No. 1 of the judgment (if you are not satisfied with the real estate disposition, if you are not satisfied with other items such as child custody issues, child support issues, and creditor's rights and debts division issues, you can also list a separate request).

2. The appellee shall bear the costs of the appeal. (If the economy is relatively difficult, the grassroots organization can issue a certificate of hardship, and attach an application for deferred payment or waiver of legal fees).

Facts & Reasons.

1. The legality of the procedure is in doubt.

2. The accuracy of the ascertained facts is doubtful.

3. The correctness of the application of the law is questionable.

To sum up, there are doubts about the legality of the procedure, doubts about the accuracy of the facts, and doubts about the correctness of the use of the law. In order to protect the appellant's legitimate rights and interests, in accordance with Article 147 of the Civil Procedure Law of the People's Republic of China, the first-instance judgment hereby appeals to your court. I hope that the judgment will be made in accordance with the law.

Sincerely. Intermediate People's Court.

Appellant: 5 February 2011.

More evidence and details can continue to be prepared to facilitate the presentation of evidence in the retrial. The court's decision against the other party to appeal is a normal process in itself. It should be noted that seven working days after receiving the judgment is used as the appeal time, and the court will not accept it after the deadline.

In addition, if the other party appeals, there is no need to worry, since the court has pronounced the judgment, there is naturally a relevant basis.

Legal analysis

If they are not satisfied with the outcome of the first-instance judgment, they may appeal to a higher court and request that the higher court hear the case again. Must be eligible, i.e. must be a party to the case, with the right to appeal. Second, there must be an appeal against a decision that is allowed to be appealed by law, and only a judgment or ruling made by the court of first instance can be appealed, of which there are only three types of decisions that can be appealed

a ruling of inadmissibility; a decision to dismiss the complaint; Ruling on Jurisdictional Objections. Thirdly, the appeal must be filed within the statutory time limit. After the first-instance judgment, whether or not to appeal requires time to consider and prepare, but time is limited, and an appeal must be filed with the people's court at the level above within 15 days from the date of service of the judgment and within 10 days from the date of service of the ruling.

If neither party files an appeal within the statutory time limit, then the first-instance judgment will take legal effect. As long as one of the parties files an appeal during the appeal period, the judgment of the first instance does not take effect. You need to be reminded that:

The time limit for appeals must not have expired, and this time limit shall be counted from the second day after the service of the judgment or ruling. If the parties receive the judgement or ruling on different dates, the time limit for appeal runs from the day following the receipt of the judgement or ruling. If the last day of the period is a statutory holiday, the first working day after the statutory holiday shall be the date on which the period expires.

Legal basis

Article 164 of the Civil Procedure Law of the People's Republic of China: Where a party is dissatisfied with a first-instance judgment of a local people's court, it has the right to appeal to the people's court at the level above within 15 days of the date on which the judgment is served. Where a party is dissatisfied with a local people's court's first-instance ruling, it has the right to appeal to the people's court at the level above within 10 days of the date on which the ruling is served.

Article 538:The period for appeals against first-instance trial court judgments or rulings is to apply the time period provided for in article 164 of the Civil Procedure Law to parties who have a domicile within the territory of the People's Republic of China; For parties who do not have a domicile within the territory of the People's Republic of China, the time limit provided for in article 269 of the Civil Infiltration and Repatriation Litigation Law of Cong Lu Huang is to apply. Where the parties' appeal period has expired and no appeal has been made, the judgment or ruling of the first-instance trial court will take legal effect.

1. What should I do if the divorce judgment comes down and the other party appeals?

Since the other party has appealed, the person who has taken the lawsuit for the destruction of the crop must actively respond to the lawsuit in accordance with the second-instance procedures, including promptly checking with the second-instance court whether the second-instance case has been filed, preparing the second-instance reply, submitting new evidence, and participating in the court investigation or trial on time. In short, it is necessary to respond to the lawsuit according to the specific facts of the case.

After receiving the first-instance judgment, if a party is dissatisfied with the first-instance judgment, it may appeal within 15 days from the date of receipt of the judgment, and appeal is the legal right of the party.

Since the other party has appealed, as the appellee, it is necessary to actively respond to the lawsuit in accordance with the second-instance trial procedures, including promptly checking with the second-instance court whether the second-instance case has been filed, preparing the second-instance reply, submitting new evidence, and participating in the court investigation or trial on time. In short, it is necessary to respond to the lawsuit according to the specific facts of the case.

Article 202 of the Civil Procedure Law of the People's Republic of China.

Parties must not apply for a retrial of a judgment or mediation document on the dissolution of marriage that has already taken legal effect.

2. How should the defendant respond to the appeal.

1. After receiving the other party's appeal brief, you should first actively and carefully study the other party's appeal petition or the corresponding evidence, form your own defense opinions on the content of the other party's appeal request, and if necessary, you should actively collect new evidence in your favor in response to the other party's appeal content and the evidence submitted, and present evidence to the court of second instance within the time limit prescribed by the court.

2. After that, you should participate in the court's cross-examination or trial activities on time, and submit a copy of your ID card to the court.

If the facts found in the first-instance judgment are clear, the law is correctly applied, and there are no new circumstances or evidence, the second-instance judgment will generally be upheld.

Article 159 of the Civil Procedure Law: People's courts hearing appeals against judgments shall complete trial within three months from the date on which the case is filed. Where there are special circumstances that require an extension, it is to be approved by the president of that court.

Regarding the divorce part, it is more likely that the original judgment will be upheld in the second instance; As for the property part, it depends on the specific situation, and the trial will generally be completed within three months. In addition, the second instance can also facilitate mediation between the parties.

The above is the interpretation of whether the court of appeal of one party to the divorce judgment will approve the divorce.

Legal analysis: 1. Clearly state the identity information and basic information of the appellant and the appellee; 2. Appeal request for divorce from the court; 3. Clearly state the impropriety of the first-instance judgment not to grant a divorce. Among them, the facts and basis for the breakdown of the relationship between the husband and wife should be described in detail, and the facts and basis for the breakdown of the relationship between the husband and wife should be explained mainly from the basis of the marriage, the relationship after marriage, the reasons for divorce, and the current situation of the relationship between the husband and wife.

Legal basis: Civil Procedure Law of the People's Republic of China Article 165: An appeal petition shall be submitted. The content of the appeal petition shall include the names of the parties, the names of the legal persons and their legally-designated representatives, or the names of other organizations and their principal responsible persons; the name of the original people's court, the number of the case and the cause of action; Request and grounds for appeal.

Hello, are you dissatisfied with the judgment of divorce or the distribution of property in it. Under normal circumstances, if the first-instance judgment does not grant a divorce, it is only after six months that the divorce can be sued again.

Hello, it is recommended to find a lawyer for a face-to-face consultation.

Legal analysis: In the case of a divorce granted by the judgment of first instance, the court of second instance may make changes to the custody of the child's relatives and the amount of child support, as well as the division of property and the assumption of debts, and the appeal is useful.

Legal basis: "Civil Code of the People's Republic of China Stops Stupidity".

Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

Article 1079:Where one of the husband and wife requests a divorce with a simple accompaniment, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

Legal Analysis: Divorce judgments are appealable. Here's why:

For civil judgments, as long as the parties are dissatisfied with the first-instance judgment made by the local people's court of first instance, the parties may appeal to the people's court at the next higher level within the statutory time limit for appeal. Therefore, if one of the parties is dissatisfied with the divorce judgment, he or she can file an appeal within 15 days.

Legal basis: Article 164 of the Civil Procedure Law of the People's Republic of China: Where a party is dissatisfied with the first-instance judgment of a local people's court, Chunchi has the right to appeal to the people's court at the level above within 15 days of the date on which the judgment is served.

Where a party is dissatisfied with the first-instance judgment of a local people's court, it has the right to appeal to the people's court at the level above within 10 days of the date on which the ruling is served.