-
The proceeds of both parties during the marriage generally belong to the joint property of the husband and wife, and the transfer of joint property violates the duty of loyalty between the husband and wife. If there is evidence that can be presented in court, the judge will give the other party a penalty of less or no property, depending on the severity of the situation. If you find out after the divorce that one of the parties transferred the joint property at the time of the divorce, you can re-file a lawsuit with the court for a new division.
Legal basis] Article 4 of the Supreme People's Court's Interpretation (3) on the Application of the "Marriage Law of the People's Republic of China": Where one of the husband and wife requests the division of joint property during the existence of the marital relationship, the people's court will not support it, except where there are the following major reasons and the interests of the creditor are not harmed: one party has concealed, transferred, sold, damaged, or squandered the joint property of the husband and wife, or falsified the joint debts of the husband and wife, or other acts that seriously harm the interests of the joint property of the husband and wife.
-
If you live together without a marriage certificate, then there is no common property, and the joint property is shared by the husband and wife, which is illegal cohabitation, and the man is suspected of illegal encroachment, or even theft.
-
If you are not married, then your property is not joint property, and if the man secretly transfers your property to his children, it can be recovered, as long as you provide evidence.
-
Yes......However, the woman cannot chase ......
Because, during the period of cohabitation, the two parties are not husband and wife, and the man's money is not ...... to the womanThe woman has no right to interfere with what the man does with his money.
Even after marriage, the part of the property involved before the marriage is owned by the parties themselves, and the other party also has no share of the ......
-
There's no going back on this. It's better to live a good life, let the man be sincere to you, and then have your own eyes and keep yourself more economically**! Don't worry about that, the gains will outweigh the losses.
-
Cohabitation property is not joint property and is not protected by law. The money transferred is the husband's own legitimate rights and interests, and he can handle it himself. Otherwise, the money that has been secretly transferred can be settled through negotiation between men and women, or it can be settled by law, and a part of it may be returned.
-
If it is a legal husband and wife and has a marriage certificate, part of it can be recovered, and it is reasonable for him to give half of the money that belongs to him to his children under the protection of the law. A part of you is still yours. If you do not have a marriage license, it is not your joint property.
-
Unless someone with a pig's brain will believe your nonsense, people will not believe it.
1. What is the joint property during the cohabitation?
Second, the income of both parties during the period of cohabitation is kept by the husband?
Third, is there an account of the common income of the family and the household expenses?
Fourth, did you have any income from the business during the period of cohabitation?
If the above points are well-founded and can be checked, the joint property transferred by the husband can be recovered. Of course, the income of two people operating together, how to spend it, and how to distribute it, of course, should be discussed by two people.
If the two people do not run any business together, and the woman does not hand over her personal income to the man, but each person manages her own income, and both parties take out a part of the money for family expenses, then there is no common property in the man's hands, and no matter how the money in his pocket is given to anyone, it is only his personal business, and no one has the right to pursue it.
During the cohabitation, the woman will give her property to the man, and I will not believe it if she is killed.
During the period of cohabitation, the man did not give all his income to the woman, but gave part of it to the children of his ex-wife, saying that this is joint property, and he wants to recover it, such a woman is too poisonous, it is best to stay away!
-
There is no so-called joint property during the period of cohabitation, both of you have independent property, and the money earned together depends on whether you and him have agreed on the proportion, it is recommended to sign one back. You can sue him for not giving you a proportional amount of dividends according to this agreement.
-
You are only a boyfriend and girlfriend, not a husband and wife, and the man transfers your money to his children without his consent, so if you have evidence, you should be able to recover your share of the money.
-
If you are not a legal husband and wife, you cannot talk about joint property. If he transfers money that does not belong to him during the period of cohabitation, it is still possible if you want it back and have sufficient evidence.
-
If the man secretly transfers money to his children, you can recover it personally, and there is no common property in the cohabitation, and it is necessary to distinguish whose property is not protected by law.
-
Cohabitation is not protected by law, and you are not registered, is there evidence to prove that it is joint property, and if so, you can sue him for recovery.
-
Cohabitation is not protected by law. How to prove that it is joint property is a difficult point in litigation. Whether his children are of age.
-
Cohabitation is not protected by law. So if it is said to be joint property. Then you have to show evidence to prove it.
-
If it can be proved that it is joint property, you can ask for the return of your part.
-
Where does cohabitation come from common property, which is not protected by law. This is the punishment of impulsiveness.
-
You have proof that it is the joint property of the two of you and can be recovered.
-
Whether it is legal for the two of you to live together is not a husband and wife, and it cannot be recovered.
-
If there is evidence, you can.
-
Legal analysis: can be recovered, claim division.
Legal basis: Article 1062 of the Civil Code of the People's Republic of China The following property obtained by the 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;
3) income from intellectual property rights;
4) Inherited or donated property, except as provided for in paragraph 3 of Article 13 of Article 106 of this Law;
5) Other property that shall be jointly owned.
Husband and wife have equal rights to dispose of joint property.
-
Summary. The determination of property during the period of cohabitation is the main contradiction in cohabitation dispute cases, and it is also the most unclear place in the legal provisions, according to the expression provided in Article 10 of the Several Opinions of the Supreme People's Court on the Trial of Cases of Cohabitation in the Name of Husband and Wife by the People's Courts without Marriage Registration
When an illegal cohabitation relationship is dissolved, the income and property acquired jointly by both parties during the period of cohabitation shall be treated as ordinary common property. ”
Can the money secretly transferred to his children by the husband in the joint property during the period of cohabitation be recovered?
According to Article 10 of the Several Opinions of the Supreme People's Court on the Trial of Cases of Cohabitation by the People's Courts in the Trial of Cases of Cohabitation in the Name of Husband and Wife without Marriage Registration, "In the case of dissolution of relatives or illegal cohabitation, the income and property purchased by the parties during the period of cohabitation shall be treated as ordinary common property." ”
In this case, it can be recovered.
-
Legal analysis: can be recovered, claim division.
The Dharma is based on the law:
Article 1062 of the Civil Code of the People's Republic of China The following property acquired by a husband and wife during the existence of a 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;
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 the right to dispose of joint property.
-
Lawyer's analysis: It can be recovered and divided is claimed.
Legal basis]:
Civil Code of the People's Republic of China Article 1062 The following property acquired by husband and wife during the existence of their 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;
3) income from intellectual property rights;
4) Inherited or donated property, except as provided for in Paragraph 3 of Article 106 of this Law;
5) Other property that shall be jointly owned.
Husband and wife have equal rights to dispose of joint property and speculation.
-
Legal analysis: can be recovered, claim division.
The Dharma is based on the law:
Article 1062 of the Civil Code of the People's Republic of China The following property acquired by a husband and wife during the existence of a 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;
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 the right to dispose of joint property.
The joint property of husband and wife refers to the property acquired by one or both parties during the existence of the marital relationship and provided for in the Civil Code of the People's Republic of China, which is jointly owned by the husband and wife, and the husband and wife have equal rights to dispose of the joint property. >>>More
Where the real estate purchased by the husband and wife during the existence of the marital relationship is registered in the name of the husband's parents, it shall be deemed to be a gift from the husband and wife to the man's parents, and is not part of the joint property of the husband and wife. >>>More
1. According to the first paragraph of Article 39 of the Marriage Law, the joint property of the husband and wife shall be disposed of by both parties through consultation, that is to say, the division of property between the husband and wife at the time of divorce shall be carried out by both parties under the principle of consensus, and cannot be decided by one party. >>>More
There are legal provisions.
Co-ownership of property refers to a form of property right in which the same property belongs to two or more legal subjects. According to the General Principles of the Civil Law, it can take two forms: co-ownership and co-ownership. >>>More
The down payment must belong to A, the house is A's personal property, and the part of the joint repayment of the mortgage after marriage and the part of the increase in the value of the house during the marriage are the joint property of the husband and wife.