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After a long investigation, it was found that the purchaser had received kickbacks, and is now collecting evidence to prepare for prosecution. Normally, you should have some evidence and not suspicion.
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You don't have the right to ask for rent, but your dad can claim the benefits of the cohabitation period. There must be evidence of the renovation payment. House ownership has nothing to do with her.
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Without a marriage certificate, it is not protected by law, and the money for decoration is borrowed.
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First of all, the fact of cohabitation cannot be denied although the marriage relationship has not been licensed. Secondly, the money for the renovation of the house, if the lady proves that she paid for it, should be returned. Rent collection, who owns that house, is eligible to collect.
If it can be proved that the house is not joint property, the lady should return the rent to the real owner. In the end, if you only pay back the things and do not give money, it is impossible to get the support of the court even if you file a lawsuit.
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First of all, this marriage is not a legal marriage, it can only be regarded as illegal cohabitation, and it is not protected by the Marriage Law. The property of the parties during the period of cohabitation is still protected by law, and the property jointly acquired during the period of cohabitation is regarded as joint ownership, and can be distinguished as personal property and belongs to the individual. At present, the house still belongs to the original property owner, and she has no right to claim rights, but based on the fact that during the period of cohabitation, she has contributed to the renovation of the house, and the law protects her part of the property rights.
Secondly, because the other party is not the owner of the house and cannot use the house for profit, it can claim a refund of the rent, and if it refuses to return, it can be deducted from the decoration money. The operating profits of the tea house can be treated as joint ownership, and you can get back your father's share.
For specific legal provisions, please refer to the Marriage Law and its judicial interpretations.
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Article 17 The following property acquired by husband and wife during the existence of their marital relationship shall be jointly owned by the husband and wife:
1) Wages and bonuses;
2) the income from production and operation;
3) income from intellectual property rights;
4) Property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law;
5) Other property that shall be jointly owned.
Husbands and wives have equal rights to dispose of jointly owned property.
Article 37: After a divorce, the other party shall bear part or all of the necessary living expenses and education expenses for the children raised by one party, and the amount of the expenses and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.
An agreement or judgement concerning the maintenance and education of the child shall not prevent the child from making a reasonable demand to either parent, if necessary, in excess of the amount originally agreed upon in the agreement or judgment.
Article 39: At the time of divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman.
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 40: Where husband and wife agree in writing that property acquired during the existence of the marital relationship shall belong to each other, and one party has paid more obligations for raising children, taking care of the elderly, assisting the other party in work, etc., they have the right to request compensation from the other party at the time of divorce, and the other party shall make compensation.
Article 41: At the time of divorce, debts originally incurred by the husband and wife while living together shall be repaid jointly. If the joint property is insufficient to be repaid, or the property is owned by each other, it shall be repaid by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment.
Article 42 At the time of divorce, if one party is in difficulty, the other party shall give appropriate assistance from his or her housing and other personal property. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.
Article 46: In any of the following circumstances, where a divorce is caused, the party who is not at fault has the right to claim damages:
1) bigamy;
2) A person who has a spouse cohabits with another person;
3) Committing domestic violence;
4) Abuse or abandonment of family members.
Article 47: At the time of divorce, where one party conceals, transfers, sells, or destroys the property jointly owned by the husband and wife, or falsifies debts in an attempt to encroach on the property of the other party, when dividing the joint property of the husband and wife, the party who conceals, transfers, sells, or destroys the joint property of the husband and wife or falsifies debts may receive a smaller share or no share. After the divorce, if the other party discovers that he or she has committed any of the above-mentioned acts, he or she may file a lawsuit with the people's court to request that the joint property of the husband and wife be divided again.
People's courts are to sanction conduct that obstructs civil litigation as provided for in the preceding paragraph in accordance with the provisions of the Civil Procedure Law.
Article 48: Where there is a refusal to enforce judgments or rulings on alimony, child support, alimony, division of property, inheritance, visitation of children, and so forth, the people's courts are to enforce them in accordance with law. Relevant individuals and units shall be responsible for assisting in implementation.
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1. Your father must constitute the crime of bigamy, and if he sues in court, he will definitely win the case, and this is a crime of personal accusation that is only dealt with by complaining, and it is a criminal case, with a maximum sentence of two years!
So the suggestion is still private!
2. That little sister of yours (let's call it that) is also your father's child, and she will divide the inheritance with you in the future. This is an express provision of the inheritance law.
3. As for the evidence of the crime of bigamy, it is very simple, as long as they are husband and wife or everyone thinks that they are husband and wife, it is fine, so it is recommended to go to the relevant community or village committee and other places to collect evidence.
4. As for the last one you mentioned, according to my experience, I still ask for money when I get divorced, otherwise, once I get married, things will be delayed again and again. This is absolutely true, hehe, I've been in the court for so long, and I've seen it all.
5. Also, even if your mother divorces your father, you and your brother are still your father's legitimate children, you can continue to care about his living expenses and so on, of course, including the right to divide the inheritance at the end!
6. If it comes to your brother's tuition, it is recommended to take yourself as the plaintiff and go to the court to file a lawsuit, otherwise, the money is not good.
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1. You have to go to the court first to apply for freezing your father's account, so that he does not hide his property, he does not have a loan of more than 200,000 yuan, as long as you have evidence to prove that the money of 200,000 yuan is not used for family living expenses, so that 200,000 yuan is not included in the joint debts of the husband and wife, and belongs to personal loans and personal debts.
2. As for the division of property in divorce, if one of the men and women is at fault, Party B can divide less or part of the property. As long as you can prove that he has other women outside.
3. The wife and children can file a lawsuit with the court to demand that your flying father pay child support.
4But as for you to take a divorce settlement, it is permissible to do so. Divorce settlements can also be legal. But I personally suggest that this is less reliable.
If a man like your father raises a woman outside, ignores his family, and does not support his children, he is almost hopeless. You still ask the court not to divide the property to your father. It's better that way!~
Go straight to the court and sue for divorce.
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