Supreme People s Court: 30 Typical Cases of Marriage and Family Disputes, Edition 2

1) After B's death, is the marriage between A and C valid? Why?

According to the description of the situation, during the existence of the marriage relationship between A and B, A concealed the fact that they were married, lived together with C as husband and wife, and finally registered their marriage through false documents and supporting materials. In this case, the marriage between A and C may be considered null and void.

Usually, the law has clear provisions on false marriages, concealment of marital status, etc. If a person conceals his or her married status at the time of marriage, or registers the marriage with false documents or information, such a marriage may be deemed invalid or void. Different jurisdictions and countries may have different laws, so you may need to consult with your local legal professional.

2) Is A entitled to inherit B's estate after B's death?

If the marriage between A and B is recognized as a valid marriage, A will usually become the legal heir of B according to the provisions of the Inheritance Law. In many countries, legal spouses usually have the right to inherit an estate, and they may automatically inherit some or all of the estate even if they do not have a will. However, due to the complexity of the situation, such as whether the marriage is valid, whether there is a will, etc., it is best to consult a local legal professional to understand the issue of inheritance rights with a constituent body.

In summary, it is best to consult professional legal counsel for such complex situations in order to understand the specific legal requirements and rights. Legal requirements may vary from region to region, so it is advisable to seek professional legal advice.

1) The marriage between A and C is null and void. It is hereby judged that only the formation of a marriage relationship requires the existence of statutory marital conditions, and the use of false documents and supporting materials by A and C at the time of marriage does not actually meet the statutory conditions for marriage. In addition, the marital relationship between A and B had already existed, so the act of marrying A and C was also suspected of bigamy and was invalid.

2) A is not entitled to inherit B's estate. According to the Inheritance Law of the People's Republic of China, if a husband and his wife marry another person after the dissolution of the marriage relationship, they will lose the right to inherit the estate of the previous spouse, and the marriage relationship between A and B has not been dissolved after B's death, so A has no right to inherit B's estate. At the same time, because A used false documents and supporting materials, Xiangpei's marriage was invalid, so there was no legal inheritance relationship between A and C.

1 Meng Li and Xie Tao were in a de facto marriage because their cohabitation took place in 1990 and by February 1 of that year they had met the substantive requirements for marriage. (Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (1) came into force on December 27, 2001 Article 5 stipulates: A man and a woman who have not registered their marriage in accordance with Article 8 of the Marriage Law and live together in the name of husband and wife shall be treated differently if they file a lawsuit with the people's court for divorce

1) Before the promulgation and implementation of the Ministry of Civil Affairs' "Regulations on the Administration of Marriage Registration" on February 1, 1994, where both the man and the woman have met the substantive requirements for marriage, it shall be handled as a de facto marriage).

2 Because it is a de facto marriage, the court should accept Meng Li's request for divorce.

3 Meng's father's estate of 10,000 yuan and 50 square meters of real estate, only Meng Li has the legal right to inherit, so it belongs to Meng Li's personal property. Because Meng Li was not yet 20 years old when Meng's father died, which was not enough for the legal age of marriage, Meng Li and Xie Tao were in a cohabitation relationship at that time, not a de facto marriage. Even if a de facto marriage is later constituted, according to our country's marriage law, premarital property will always belong to personal property.

The proceeds of Meng Li's investment** belong to the husband and wife, because she bought ** on the premise that the de facto marriage was constituted in 2004. (Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the "Marriage Law of the People's Republic of China" (2) to take effect on April 1, 2004 Article 11: During the existence of a marital relationship, the following property is "other property that shall be jointly owned" as provided for in Article 17 of the Marriage Law:( 1) Income obtained by one party from the investment of personal property.

4 Xie Tao borrowed 20,000 yuan to decorate the house, and he could claim that Meng Li would return it.

1. The relationship between husband and wife is not established (unregistered, it can only be called cohabitation).

2. Meng's father's estate of 10,000 yuan and 50 square meters of real estate, only Meng Huili has the right to inherit the law, Xie Tao does not, so the ownership belongs to Meng Li. Then, the income of Meng Li's investment** also belongs to Meng Li alone.

3. Xie Tao borrowed 20,000 yuan to decorate the house, and he could claim that Meng Li would return it.

4. If the marriage law does not recognize it, the court will not accept the divorce, and it can only be called a breakup 5. All monetary transactions can be treated as creditor's rights and debts (except for gifts made by one party to the other party, "no return can be requested").

The key to the case is that the marriage was not registered, that is, it was not legally recognized, so Xie and Meng were dealt with as separated, and there was only a creditor's rights and debts relationship.

1. The heirs include Wang Qing and three children. (Reason: The first-order heirs have spouses, children, parents, of which children include legitimate children, illegitimate children, adopted children, and dependent stepchildren) The second question will not be, sorry.

2, 1) The piano is private property, and everything else is common property. Reason: The following property acquired by the husband and wife during the marriage relationship shall be jointly owned by the husband and wife:

Wages and bonuses, income from production and operation, income from intellectual property rights, property obtained by inheritance or gift, and other property that should be attributed to the husband or wife (except for the property that is only to the husband or wife as stipulated in the will or gift contract). 2. The contract is valid. The court accepted the claim because the claim was within the four-year time limit.

In the first case, the house was purchased before the marriage and not during the marriage.

First, the down payment is made by Party A.

2. If the premarital gift of A's parents does not clearly indicate that it is given to both parties, it will be deemed to be a gift to Party A and Party 3, and Party A and Party B have not expressly agreed that the house shall be owned by both parties.

B did not contribute to the property, and the house is Party A's personal property.

Case 21: According to the provisions of the Marriage Law, the husband and wife agreed in writing that the property acquired during the existence of the marital relationship shall belong to each other, and this did not occur in this case.

Second, the villa, Santana car and 100,000 yuan of deposits are all obtained after marriage, so they are joint property, third, the debts incurred in the joint operation are joint debts, and the joint debts of 160,000 yuan after marriage should be jointly borne, and the behavior of the parties wants to save part of the property from being repaid and cause the creditors to suffer potential losses, according to the law of obligations, the acts of evading debts and dividing property without permission are invalid, and the debts are still joint debts.

Hope it helps.

I suggest you take a look at Interpretation 3 of the Marriage Law.

1. If the parents of man A do not clearly indicate that they are borrowing money or only giving it to man A, it will be regarded as a gift to both husband and wife. In this case, the house is joint property and is divided according to law, and the two jointly bear the debt of 100,000 yuan to A's uncle.

2. The agreement cannot be used against a bona fide third party, and is only valid within the two parties.