Urgent legal consultation My wife sold the house for 100 without permission

1. You can appeal, and there is a good reason for it, until March 25. 2. The living expenses for your daughter can be proved by printing out a bill from the bank. You can come up with any evidence that she is not actively cooperating.

Did you receive a summons from the court? Divorce cases generally cannot be absent, and lawyers cannot specifically authorize, if you are absent without receiving a summons, you can apply to the local high people's court for a retrial. If you're divorced and you're just going to file a property lawsuit, it's harder.

You can appeal, she does not show up, the court can also be tried in absentia, if you need to provide the following evidence1 You called the bank statement of your daughter's living expenses, you can check the remittance record through your daughter's bank card, 2 When buying a house, the down payment should be by swiping the card, and the bank also has a record. I guess that's all there is to it.

In this case, you must file an appeal. Otherwise, there is no way for your legitimate rights and interests to be safeguarded. In response to your question, your wife may be a fraud, and as for your mobile phone number has not been changed, you can go to find a witness to confirm it.

You can also take your daughter's card to the bank to transfer the deposit and withdrawal details, and in addition, if you and your wife can meet, you can record your conversation (I won't say more about the specific details of the recording, there is a word limit, you can check it on it, and there are answers on it). In addition, I suggest that you hire a lawyer to help you fight the case, as you have a good chance of winning the case. Hope you can.

Hello, you and your wife seem to have legally divorced in 09. So... She's not your wife anymore.

Hello, you have the right to appeal if you prove that the court decision violated your rights. As long as the court judgment is appealed, it will not take effect, and it is necessary to wait for the result of the second instance. Your wife's judgment is invalid if she holds a judgment that has not yet taken effect.

In addition, if the original judgment has already entered into force, you can file an appeal. The default judgment of the court is problematic and the court is required by law to notify you to appear unless you cannot find it.

If, as you claimed, you are giving money to your children every month, you can apply to the court for bank statements that prove that you have never disappeared, that your lover's statement that you could not find you is a false statement, and that the court's decision will be problematic.

1. Hire a lawyer first, 2. Appeal.

3. Find enough evidence.

4. Wait for the court to decide.

Legal analysis: According to the law, although the husband sells the house jointly owned by the husband but the house has not been transferred, the buyer cannot acquire the house in good faith, so the house can be recovered. However, it may face the problem of breach of contract.

Legal basis: Civil Code of the People's Republic of China

Article 577:Where one of the parties fails to perform its contractual obligations or its performance does not conform to the agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.

Article 578:Where one of the parties clearly states that it is not performing its obligations under the contract or shows that it does not perform its obligations under the contract by delaying its own conduct, the other party may request that it bear the liability for breach of contract before the expiration of the performance period.

Article 579:Where one of the parties fails to pay the price, remuneration, rent, or interest, or fails to perform other monetary debts, the other party may request payment from the other party.

If the wife resells the house without permission, and the third party buys it in good faith, it has legal effect.

If one party buys a house jointly owned by the husband and wife without the consent of the other party, and the third party purchases it in good faith, pays a reasonable consideration and goes through the property rights registration formalities, and the other party claims to recover the dates of the house, the people's court will not support it.

Where one of the husband and wife disposes of the jointly owned house without authorization, causing losses to the other party, and the other party requests compensation for the losses at the time of divorce, the people's court shall support it.

1. How to determine the sale of a house by one of the husband and wife.

If one of the husband and wife sells the house without permission and meets the statutory conditions, it is valid, and the conditions are:

1) the buyer is in good faith at the time of purchase;

2) reasonable**;

3) Complete the transfer.

One of the husband and wife is not allowed to sell the house without permission, and the husband and wife have equal rights to dispose of the property they have in common.

One of the spouses transfers the legally common house registered in his or her own name without the consent of the other spouse;

Where a party claims that the contract for the sale of a house is invalid on the ground that the seller does not have ownership or right to dispose of the house at the time of signing the contract, it is not supported.

2. Whether the unilateral ** joint property of the husband and wife is valid.

Unilateral ** joint property of husband and wife, if it is purchased by a third party in good faith and pays a reasonable consideration, the sale and purchase is valid. According to the provisions of the Civil Code of the People's Republic of China: if one party buys the house jointly owned by the husband and wife without the consent of the other party, pays a reasonable consideration, and goes through the property rights registration procedures, the people's court will not support the other party's claim to recover the house.

Where one of the husband and wife disposes of the jointly owned house without authorization, causing losses to the other party, and the other party demands compensation for the losses at the time of divorce, the people's court shall support it.

3. Whether the husband concealed the effectiveness of the ** shop from his wife.

The agreement to sell the house established by the husband in accordance with the law without the knowledge of his wife is valid, but the right to dispose of it is restricted. If the husband independently carries out the sale without the consent of the wife, the wife can take back the right to the house, but she needs to bear the liability for breach of contract to the buyer and compensate for its losses; Where the buyer purchases in good faith, pays a reasonable consideration, and has already gone through the formalities for the removal of property rights, the people's court will not support the claim for the recovery of the house.

Interpretation of the Supreme People's Court on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China (1) Article 28;

Where one party has not consented to the other party** a house jointly owned by the husband and wife, and the third party purchases it in good faith, pays a reasonable consideration and has completed the registration of the immovable property, and the other party claims to recover the house, the people's court will not support it.

Where one of the husband and wife disposes of the jointly owned house without authorization, causing losses to the other party, and the other party requests compensation for the losses at the time of divorce, the people's court shall support it.

1. Is it legal for a wife to secretly sell the house?

The disposition of common property must be done with the consent of the co-owners. The disposition of jointly owned immovable or movable property and the major repair of jointly owned immovable or movable property shall be subject to the consent of all co-owners, unless otherwise agreed between the co-owners. The contract of the person without the right to dispose of the contract is valid only after the contract is recognized by the right holder or the person who has no right to dispose of the contract obtains the right to dispose of the contract after the contract is concluded.

However, we should also note that in the sale of a house jointly owned by a husband and wife, the contract should generally be signed or sealed by both husband and wife, but it is customary for one of the husband and wife to sign the contract. At this time, although the other party has not signed a contract, but knows the fact of the sale and does not object, it shall be deemed that it has implied consent, and shall not deny the legal consequences of the disposition on the grounds that it did not personally participate in the disposition afterwards.

What materials are required to change the name of the joint property.

If you want to add the name of the husband or wife to the real estate certificate or change the co-owners between the husband and wife, you do not need to pay the deed tax, but you must submit the following documents:

1. Original house ownership certificate (original);

2. The agreement and application for change of the house jointly owned by the husband and wife (original);

3. Marriage certificate;

4. Two copies of the housing registration form and the floor plan of the real estate (sub-household) attached to the original house ownership certificate.

The place of application is the housing ownership registration department of the construction committee of the district and county where the property is located.

The specific questions are answered above. In practice, if one of the spouses sells the joint house without authorization, this is generally invalid. Since the house is the joint property of the husband and wife, all the owners should agree to dispose of the house at this time.

2. Is it effective to sell the house if the house was demolished by his wife's spine and stolen by his son.

The house was stolen by the wife, and the act of selling the house was not valid.

It needs to be analyzed in light of the actual situation, if the property was acquired in good faith, the transfer procedures of the housing authority cannot be reversed.

Article 1087 of the Civil Code [Disposal of the Joint Property of the Husband and Wife in the Event of Divorce] In the event of divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party. The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

Article 1089:[Settlement of Joint Debts of Husband and Wife at the Time of Divorce]At the time of divorce, the joint debts of the husband and wife shall be repaid jointly. Where the joint property is insufficient to be paid off or the property is owned by each other, the two parties shall settle it by agreement; If the agreement is not reached, the people's court shall make a judgment.

Article 1062 of the Civil Code [Joint Property of Husband and Wife] The following property acquired by husband and wife during the existence of the marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife:

1) Wages, bonuses, and remuneration for labor services;

2) Income from production, operation and investment; Sakura.

3) income from intellectual property rights;

4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law;

5) Other property that shall be jointly owned.

Husband and wife have equal rights to dispose of joint property.

Legal analysis: If the names of two people are written on the house, it can be claimed that the contract has no concealment. If it is a person's name, only the husband can be held liable.

Legal basis: Civil Code of the People's Republic of China

Article 120:Where civil rights and interests are infringed upon, the infringed party has the right to request that the infringer bear tort liability.

Article 183:Where oneself is harmed by protecting the civil rights and interests of others, the infringer bears civil liability, and the beneficiary may give appropriate compensation. Where there is no infringer, the infringer has escaped, or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall give appropriate compensation.

Article 1167:Where the tortious conduct endangers the safety of others' persons or property, the infringed party has the right to request that the infringer bear tortious liability such as stopping the infringement, removing obstructions, and eliminating the danger of a dangerous judgment.

Article 1168: Where two or more persons jointly commit tortious acts, causing harm to others, they shall bear the responsibility of Lianchang Rent.