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It depends on whose house it is, if the real estate certificate is the woman's name, she can go in and out at will, if it is not her name, and she is already divorced, she sneaks in and then trespasses into the house, and she can call the police to deal with it.
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Then replace the lock cylinder. After all, husband and wife, don't pursue it anymore. She is understandably unbalanced and resentful.
If you break something, you just be angry. Don't worry about it anymore, be generous. It's good to replace the lock cylinder, she can't get in, forget it.
Entangled in one thing, each other will be physically and mentally healthy. Let yourself go and let her go. She'll reflect on it slowly.
Remember that the sun will rise tomorrow, and face life with a smile!
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It's illegal! Because the other party has nothing to do with you anymore. It is the destruction of other people's property. You can call the police to warn the other party.
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Illegal, of course. If you divide it, you can't help but agree, you can't even prohibit the protection of others, and it's not easy to damage other people's things. Of course, it should be the unfair division of your property at the time of divorce.
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In reality, being divorced is equivalent to being a stranger. If you say that you secretly enter someone's house, according to the law, it is not allowed. This is also theft. If the two of them have discussed it, they can go into the house.
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If the house belongs to the man, it is a destruction of private finances, and if it belongs to two people, it is the bad thing of one's own family.
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It depends on whether the woman has the ownership and right of residence of the house, and if so, it should be a shield within the family, because the indoor items are difficult to separate, and if not, it should be illegal to enter other people'......s homes to destroy them
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Citizens' personal rights and democratic rights cannot be trampled on by anyone, and for any reason, Zhao cannot casually invade Huang's residence. Therefore, Zhao's conduct has constituted a crime. Article 245 of the Criminal Law of the People's Republic of China: Whoever illegally searches another person's body or residence, or illegally trespasses into another person's home, is to be sentenced to up to three years imprisonment or short-term detention.
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For this problem, this is definitely illegal as far as you say, it depends on whether you want to call the police or not, and whether this thing is worth anything.
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Congratulations, the police will treat you to tea. And the problem is not clear, the problem can be small or big.
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Of course, it is illegal, and if the circumstances are serious, it also constitutes a criminal offense.
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As long as the divorce agreement is reached on the basis of consensus, equality and voluntariness, it is valid.
Article 8 of the Judicial Interpretation (II) of the Supreme People's Court on the Marriage Law stipulates that the clauses on the division of property in the divorce agreement or the agreement reached by the parties on the division of property as a result of divorce shall be legally binding on both men and women. Where a dispute arises between the parties arising from the performance of the above-mentioned property division agreement, the people's court shall accept it.
Generally speaking, as long as there are no special provisions in the content of the agreement and it does not violate the provisions of the law, the agreement is valid and legally binding on both parties, but in addition to the divorce, the other contents of the agreement are only legally binding on both parties but do not have the effect of applying to the court for enforcement.
You can file a lawsuit with the court for the performance of the content of the divorce agreement, and let the court decide.
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1.When the parties divorced half a year ago, the formal divorce agreement filed with the Civil Affairs Bureau is valid.
2.Half a year after the divorce, the woman proposed to write another agreement on the ownership of property after the divorce: as long as the husband voluntarily signs the agreement and agrees that all the real estate and land compensation of the husband belong to the daughter, the agreement is valid, and the part of the original divorce agreement on property is no longer valid, and it belongs to the property part of the original agreement changed by both parties.
3.If the man does not agree, he can not sign at all. Because after going through the divorce procedures, what to do with the man's property is completely the man's personal right, whether it is his daughter or his ex-wife, he has no right to deal with it, nor has he the right to ask him to sign any property agreement.
Giving all property to the daughter is not conducive to protecting the rights of the man.
4.If the man has signed the agreement: Unless the man provides evidence that the agreement was signed by the woman under fraud, coercion or threat, he can sue the court for invalidity.
In the absence of the above evidence, the agreement that all property belongs to the daughter shall take effect upon the signature of the husband. It takes effect after the man's signature, without waiting for the woman's signature.
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Such an agreement is null and void. Half a year after the divorce, the woman proposed to change the agreement of the divorce agreement: all the real estate and land compensation will be owned by the daughter, because China's marriage law stipulates that the divorce agreement stipulates that the property will be owned by the children is invalid.
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As for the man's family, it won't be empty in name only, it doesn't matter, according to the spirit of seeking truth from facts, you can directly default to the family until you have a complete home. Pay special attention to the fact that there is no end to family happiness, and no matter how many things there are, the family can accommodate them.
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Generally, when a husband and wife divorce, they will consider how to divide the property, is it to the man? Or to the woman? Or is it left to both parties to have children in wedlock?
This is a question that couples often consider when they get divorced. Divorce is divorce, and children are always born by themselves, so many couples choose to give their houses to their children when they divorce, is this agreement valid? It is valid, and the divorce agreement stipulates that the house belongs to the children, which is actually a gift to the children.
The house disposed of by the spouses at the time of divorce must be owned by both spouses or one of the spouses in order to have the right to dispose of it. The divorce agreement is signed by both parties through consultation, and after negotiation between the two parties, they unanimously agree to donate the house to the legitimate child, which is the terms of the gift, and as long as there is no reason for the invalidity of the contract, the content of the gift is valid. It is only to say how the child can exercise that right.
If the child is an adult, this right can be exercised independently. If it is a person with limited civil capacity who is over 8 years old and under 18 years old, the gift is a legal act that is purely profitable, and the gift is valid. If it is a person under the age of 8 who lacks civil capacity, the gift of pure benefits still needs to have a legal representative**.
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As long as it is the true intention of the parties and does not violate the mandatory provisions of the state.
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The man can not write, and of course it is valid if he writes.
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If it is agreed by both parties, the agreement is valid on the premise that it does not violate the law.
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The signed agreement has the force of law and cannot be returned unless the other party agrees to give it to the woman.
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The true intention of both parties is valid.
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It should not be illegal, as long as your marriage has not been divorced, it is not illegal. But your approach is a little obscene, why do you have to drill under the bed, can't you go to someone openly?
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This is not illegal, the man and the woman are not divorced, and they are still a family with each other. The man hid under the woman's bed and did not violate the law, nor did he harm anyone, and he did not break the law at all.
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Trespassing on a private house is already a crime, and you can call the police to deal with it if you come to your house without your consent and hide it under the bed.
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Before the divorce, it doesn't seem to be illegal during the relationship! I just really want to divorce, the door lock is best replaced, and protecting yourself is the key!
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It is illegal to have signed a divorce agreement, and there is no agreement that is just a verbal divorce, which can only be said to be a moral issue!
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There is no real value injury, and there is no real value divorce, so it is not a crime.
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It's about to get divorced, and the man sneaks into the woman's house. Not count.
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There is no provision in the law for fraudulent marriage, and a marriage registered due to fraud is also a valid marriage, which is protected by law, and the two parties can sue the court for divorce if they do not agree with each other.
If one party uses marriage as bait for the purpose of illegally taking possession of other people's property, conceals the truth, defrauds property under the pretense of marriage, and runs away with the money afterwards, and the amount is relatively large, it is suspected of the crime of fraud, and it is recommended to report to the police in time.
Whether or not marriage fraud constitutes the crime of fraud depends on the purpose of the marriage, whether it is marriage or money.
Legal basis: Article 266 of the Criminal Law [Crime of Fraud] Whoever defrauds public or private property, and the amount is relatively large, is to be sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property. Where this Law provides otherwise, follow those provisions.
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If you don't register, you can ask for the gift money back, which is stipulated in the Marriage Law, as for how much you can get back, it depends on how the court decides, and whether the woman is over 14 years old, if not, it is better to settle the matter, don't make things too big, and in the end it becomes unmanageable.
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If the marriage age has not yet been reached at the time of initiation, it is a cause for the invalidity of the legally prescribed marriage, and the court shall order the marriage to be null and void, and the bride price paid shall be returned in full. (Application for annulment of marriage).
The provisions of the Marriage Law on children born out of wedlock are applied by analogy to the status of children born out of wedlock.
Property issues are dealt with in accordance with the partnership.
However, it is still advisable to deal with it calmly, and if you have a child, the breastfeeding baby will be awarded to the woman in principle, and the other party will pay maintenance until adulthood.
According to Article 10 of the Marriage Law, a marriage shall be null and void under any of the following circumstances:
4) Those who have not reached the legal age for marriage.
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.
Interpretation 1 of the Marriage Law
Article 8: Where parties apply to the people's court for a declaration of invalidity of marriage on the basis of article 10 of the Marriage Law, the people's court will not support it if the legally-prescribed circumstances for invalid marriage have already disappeared at the time of the application.
Article 9: People's courts hearing cases declaring marriage null and void shall make a judgment in accordance with law when mediation is not applied to the trial of the validity of marriage; A judgment on the validity of a marriage takes legal effect as soon as it is made.
Article 15: Where a marriage has been declared null and void or revoked, the property acquired by the parties during the period of cohabitation shall be disposed of as joint ownership. However, there is evidence to prove that it is owned by one of the parties.
Article 61 of the General Principles of the Civil Law.
After a civil act is confirmed to be invalid or revoked, the property acquired by the parties as a result of the act shall be returned to the party that suffered losses. The party at fault shall compensate the other party for the losses suffered thereby, and if the other party is at fault, they shall each bear corresponding responsibility.
Where the two parties maliciously collude to carry out civil acts that harm the interests of the state, the collective, or a third party, the property acquired by both parties shall be recovered, and returned to the state or collective or returned to the third party.
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If you are financially good and want to raise a child, the judge can award you, but the bride price can be about half back, if the woman has to support the judge, it depends on whether the family is affordable and suitable, if it is really awarded to the woman, you can get the bride money back, but you have to pay part of the maintenance fee every month
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It should still be counted. It is recommended to discuss the custody of the child with your husband, and also respect the child's opinion. After taking the child away, if the child clamored for his father, he couldn't complain about him.
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Divorce can be obtained after separation for more than two years.
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It is best to think clearly, children must have a long-term suitable place to live, unlike adults who can overcome difficulties when they encounter difficulties, children cannot, otherwise they will regret it for the rest of their lives.
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is against the law, and you can file a lawsuit with the people's court.
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Then why are you divorced, if it is domestic violence, you can file for divorce, and now it seems that the marriage will be automatically dissolved after two years of separation.
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Not very legitimate, the child is two-sided.
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In this issue, the woman's conduct clearly amounted to the destruction of the husband's pre-marital property. The man can provide the woman's behavior to the court as evidence. The man can sue the woman for compensation.
In addition, the woman took the money she earned back to her parents' home, and her act was obviously a transfer of joint property. Because, according to Article 17 of the Marriage Law, the following property acquired by the husband and wife during the existence of the marriage 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.
In addition, according to Article 47 of the Marriage Law, if one party conceals, transfers, sells or destroys the joint property of the husband and wife at the time of divorce, or falsifies debts in an attempt to encroach on the property of the other party, the party who conceals, transfers, sells or destroys the joint property of the husband and wife or falsifies debts may receive a small share or no share when dividing the joint property of the husband and wife. 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.
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Where the circumstances are relatively minor, the public security organs may mediate and handle violations of the administration of public security, such as fights or damage to other people's property caused by civil disputes. Where, after mediation by the public security organs, the parties reach an agreement, no punishment is to be given. Where no agreement is reached through mediation or no performance is made after an agreement is reached, the public security organs shall punish the violator of the administration of public security in accordance with the provisions of this Law, and inform the parties that they may file a civil lawsuit in the people's court in accordance with law regarding the civil dispute.
Those who intentionally damage public or private property are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB.
Criminal Law Article 275 [Crime of Intentional Destruction of Property] Whoever intentionally destroys public or private property, where the amount is relatively large or there are other serious circumstances, is to be sentenced to up to three years imprisonment, short-term detention, or a fine; where the amount is huge or there are other especially serious circumstances, a sentence of between three and seven years imprisonment is to be given.
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