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Hello, your question falls within the scope of the Marriage Act.
According to Article 17 of the Marriage Law of the People's Republic of China, the following property acquired by husband and wife during the existence of the marital relationship shall be jointly owned by the husband and wife: (1) wages and bonuses; (2) Income from production and operation; (3) the proceeds of 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.
Therefore, the property during the conjugal relationship is the joint property of the husband and wife and should be disposed of jointly by the husband and wife. You have the right to claim a refund of the part of the purchase price paid by the husband in the joint purchase price between the husband and a third party.
If your question can be more detailed, we can give you more professional, you are welcome to further legal issues** or consult our expert lawyers in person.
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The husband and a third party jointly purchase a house, which violates Article 1062 of the Civil Code, which states that "the following property acquired 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) the proceeds of 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", which infringes upon the legitimate rights and interests of the wife.
The wife can ask for a refund.
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If the name of the third party is written in the joint purchase, you can go to the court to sue and ask the third party to refund the part paid by your husband, because this part is the joint property of your husband and wife, pay attention to collect evidence, and you can consult a lawyer or find a lawyer in detail** case, I hope it will help you!
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If your husband uses your joint property to buy a house for the mistress during your marriage, you can sue for money and ask for a refund. Dismantle and remediate the analysis of practical problems such as the property that the junior wants to return to the little three, and solve the solution according to the actual situation.
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The husband may claim back the property given to a third party. Under the agreed matrimonial property regime, the husband or wife has the right to give the property agreed to belong to him to another person without the consent of the spouse. Legal basis:
Article 1091 of the Civil Code of the People's Republic of China Where any of the following circumstances results in divorce, the innocent party has the right to claim damages: (1) bigamy; (2) cohabitation with another person; (3) Committing domestic violence; (4) Ill-treatment or abandonment of family members; (5) There are other major faults.
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If a husband buys a house with a third party, as a wife, he can ask for a refund, so as to better protect the legitimate rights and interests of his wife.
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According to Article 17 of the Marriage Law of the People's Republic of China, the following property acquired by husband and wife during the existence of the marital relationship shall be jointly owned by the husband and wife: (1) wages and bonuses; (2) Income from production and operation; (3) the proceeds of 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.
Therefore, the funds for your husband's purchase of the house belong to your joint property during the marriage, and you have the right to dispose of it, and your husband can claim the return of part of the funds paid by your husband without your consent.
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OK. It is the joint property of the husband and wife and shall be disposed of jointly by the husband and wife.
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If the husband uses the joint property of the husband and wife to buy a house with the mistress, you can sue to revoke the husband's gift and demand the mistress to return the joint property.
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Both husband and wife have equal rights to dispose of jointly owned property, including: (1) wages and bonuses; (2) Income from production and operation; (3) the proceeds of intellectual property rights; (4) Property obtained by inheritance or gift, therefore, the property during the existence of the relationship between husband and wife is the joint property of the husband and wife and shall be jointly disposed of by both husband and wife.
Therefore, you have the right to claim a refund of the part of the purchase price paid by your husband and a third party.
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