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Hello. Don't know who the property is registered in?
Article 10 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (3): If one of the husband and wife signs a contract for the sale and purchase of immovable property before marriage, pays the down payment with personal property and takes out a bank loan, and repays the loan with the joint property of the husband and wife after marriage, and the immovable property is registered in the name of the party paying the down payment, the immovable property shall be disposed of by agreement between the two parties at the time of divorce.
If no agreement can be reached in accordance with the provisions of the preceding paragraph, the people's court may make a judgment that the immovable property belongs to the party whose property rights are registered, and that the loans that have not yet been repaid are the personal debts of the party whose property rights are registered. In the case of divorce, the party registered in the property right shall compensate the other party for the joint repayment of the loan and the corresponding increase in property value between the parties after marriage.
If it is registered in the name of the man, although the mortgage payment is also paid by the husband after the marriage, this can be considered as repaying the loan with the joint property of the husband and wife, and the woman can still receive certain compensation according to the above-mentioned legal provisions.
Zhangzhou lawyer).
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There are similarities with Article 10 of the Marriage Law, but the results of the treatment are different. If the two parties cannot reach a negotiation and sue the court, the people's court will rule that the immovable property belongs to the party whose property rights are registered, and the loan that has not yet been repaid is the personal debt of the party whose property rights are registered. Since you did not repay the loan jointly after marriage, there is no question of the man compensating the woman.
In a word, the above-mentioned man's real estate cannot be divided by the woman.
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The portion of the mortgage paid by the husband before the marriage and the part of the mortgage that has been repaid for a period of time before the marriage is not proportionally included in the distribution of property.
The other parts are divided equally according to the doctrine of common property.
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1. A's income in City A and City B should belong to the joint property of husband and wife in accordance with Article 17 of the Marriage Law, so C can claim rights over the property divided by A and B. B marries A without knowing that A is married, and is a bona fide third party, and the court has taken due care of the division of property when the marriage is invalidated. To put it simply, C can appeal in accordance with the law (Interpretation 1 of the Marriage Law).
9.16); There is nothing wrong with the court's decision.
2. Article 19 of the Marriage Law stipulates that husband and wife shall not belong to one party the property acquired during the marriage, otherwise, it shall be handled in accordance with Articles 17 and 18 of the Marriage Law. Moreover, Article 18 of Interpretation I of the Marriage Law stipulates that the burden of proof for a third party to know the agreement lies with one of the spouses. Therefore, the court should award damages to Qiu Chuji with Yang Guo's property.
Good luck!
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1. C can appeal because the distribution is also the joint property of their legal spouses. There was nothing wrong with the court's decision, after all, B was also injured.
Second, it is obvious that their matrimonial property agreement cannot be recognized, and even if their agreement is legal, they still have to pay compensation for the harm caused to others.
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C may file an appeal, and if the marriage is invalid due to bigamy in accordance with the law, the parties to the lawful marriage shall be allowed to participate in the proceedings as a third party with independent claims in the disposition of property. According to the provisions, the property acquired by the parties during the period of cohabitation shall be disposed of in principle as joint ownership; and for the distribution of jointly owned property, the parties may deal with it by agreement; If the agreement fails, the judgment shall be made in accordance with the principle of taking into account the party who is not at fault.
Therefore, B's interests should be properly taken care of, because B does not know that A is married, and it is A who is at fault, but C is A's legal wife, so B's interests can be properly taken care of without infringing on C's interests.
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The first issue is that C can appeal. The reason is that the registered marriage between A and B is itself an invalid marriage, and the invalid marriage is invalid from beginning to end. However, with regard to the distribution of the property between the two persons, C may participate in the litigation as a third party.
The legitimate interests of the innocent party, i.e. A's lawful wife, C, should be taken into account.
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Angong, Chinese law and Chinese society, right, it's going to be handed over tomorrow, have you finished writing?
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Everyone is a multiple-choice question to see the answer.
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Article 11: Where a marriage is entered into due to coercion, the coerced party may request the marriage registration authority or the people's court to revoke the marriage. A request by the coerced party to annul the marriage shall be submitted within one year from the date of registration of the marriage. Where a party whose personal liberty has been unlawfully restricted requests the annulment of marriage, it shall be submitted within one year from the date on which personal liberty is restored.
Article 12 A marriage that is invalid or annulled shall be null and void ab initio. The parties do not have the rights and obligations of husband and wife. Property acquired during the period of cohabitation shall be disposed of by agreement of the parties; If the agreement is not reached, the people's court shall make a judgment in accordance with the principle of taking care of the innocent party.
The disposition of property that results in an invalid marriage caused by bigamy must not infringe upon the property rights and interests of the parties to a lawful marriage. For children born to the parties, the provisions of this Law on parents and children shall apply.
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It is important to note the statute of limitations for filing a revocation application.
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Where the principle of the parties' voluntariness is violated by coercing others to enter into a marriage relationship, the coerced party has the right to request the revocation of the marriage relationship from the court or marriage registration authority within one year from the date of marriage registration, and the revocation of the marriage relationship shall be invalid ab initio.
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Not having reached the legal age of marriage, fraud and coercion, having a disease that is not suitable for marriage, etc.
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