Ask a legal question, legal advice question?

Updated on society 2024-07-01
7 answers
  1. Anonymous users2024-02-12

    This is a typical post-divorce question about the division of property. According to what you said, it is guessed that you are divorced by mutual agreement. After the divorce, it has nothing to do with the household registration, it still belongs to your household registration, and the share of the property of the responsible land belongs to you.

    I don't know what the attitude of the court staff in your place is, because I am also a judge (the place belongs to Wenzhou, so it is inconvenient to disclose it here).

    Here are a few suggestions for you to deal with:

    1. Village and town mediation is not enforceable, and once the other party repents, the mediation work is basically useless.

    It is still advisable to file a lawsuit in court. Because your ex-husband no longer has the possibility of mediation to achieve results.

    2. Filing a complaint with the civil division of the court on the division of property and child support after divorce. Because you are divorced, you cannot attach it and can only file it separately. Without going into the question of marital fault attribution, you can get back the property you said about the responsibility of the land, and you should also get part of the child support.

    3. Or file a separate lawsuit for payment with the civil court (simply explained that the compensation belongs to you, and the man illegally embezzles it and asks for it to be returned).

    4. If you say that the court will not accept the case, you can ask the staff directly: Have you studied administrative law? You can also come to a more absolute sentence: then please give me a decision not to accept it, thank you! The meaning of this will not be explained in detail.

    5. The cost of this kind of litigation is very low, 50-100, and it is also related to different regions, and the losing party will bear it after the lawsuit. Of course, you have to pay in advance. If you think it is necessary, you can also consult a lawyer and let him be a **person.

    Good luck! You must not be in place to explain the problem, and the comrades upstairs do not fully understand. The confirmation of land ownership issues should be preceded by reconsideration, and only such land disputes should be subject to administrative reconsideration. What is your situation, the characterization is wrong, and there is no problem of administrative litigation, which is based on state organs as defendants.

    Getting this case is like taking the town ** as a defendant (when the village is not authorized to perform its functions on behalf of **, it is not qualified to be a defendant), since the town ** supports the woman, how can it be an administrative lawsuit?

    The handling of this case is very simple, the staff of ** should directly divide the 2 pieces of property to the mother and daughter. If the money has been taken away by the man, the man should be sued in court for the crime of embezzlement, and I mentioned before that the subject matter of the lawsuit is a payment relationship.

    This staff member, you self-deliberate, whether you have not explained to the court in place. Even if it involves ordinary land ownership disputes, the court should accept it, and there are only two types of cases in China that must first go through administrative reconsideration, and if you are not satisfied, you should go to the court. This case is not a pre-reconsideration issue at all.

    I took a look at the basis for what you said, what is the basis for this, and I will answer you with civil law. Specifically, refer to the property law: in this case, the land is a kind of main property, and the land and the fruits produced by it belong to the owner of the property right.

    The simple explanation of the yield is the income generated by the land. So you combine this case, who does the 2 land ownership belong to?

    Well, the money is divided directly, and there is no need to waste judicial resources.

  2. Anonymous users2024-02-11

    Divorce is only the dissolution of the marriage, and the household registration will not be affected. The compensation shall be paid to the woman and the daughter's share. If mediation fails, go to court to sue.

  3. Anonymous users2024-02-10

    Let me tell you a story first: One day, Su Dongpo went to Zen Master Foyin to chat with Zen Master Foyin, and both of them sat cross-legged. When talking about happiness, Su Dongpo asked Zen Master Foyin:

    What do you think I look like now? Zen Master Buddha Yin said, "I see you like a Buddha."

    Su Dongpo smiled and said to Zen Master Foyin: "I see you like a pile of cow." Zen Master Foyin smiled and didn't say anything.

    Su Dongpo thought he had won, and after returning home, he complacently talked about it with his sister Su Xiaomei. His sister said, "Brother, you've lost!"

    The mind of a Zen master is a Buddha-like realm, so look at you like a Buddha; And your mentality is like a pile of cow, and of course watching a Zen master is like a pile of cow. After hearing this, Su Dongpo's face immediately turned red.

    When the land in the countryside is distributed to the members of the collective economic organization, it does not mean that the land of the household is distributed to one person, but usually according to the population, and the household is the unit, which does not mean that it will be distributed to the head of the household, and it stands to reason that if the party concerned requests to redistribute the land in the village, the land of the household can be redistributed after the divorce. In this case, after the compensation was paid to the village committee, the woman's request for compensation for herself and her daughter was completely reasonable, and the village committee should also pay the money to the woman and her daughter.

    Why didn't the court accept it? It depends on your request, if you sue **, it is an administrative lawsuit, strictly speaking, it is okay, but ** will say that I have given the money, but the village has collected it for the time being. If you sue the village, the village will say, I collected it on behalf of you, and you can't sue me, and besides, I didn't say I wouldn't give it to you.

    You ask "can the town and village be forcefully divided" The town and the village are different, the town is a first-level **, the village is not a first-level **, the town should be said to be divided, and the village's behavior is actually done on behalf of **, and it is a dowry for **.

    Then again, how to deal with it? First, find a **, second, try administrative litigation, and find a lawyer.

    I am also a staff member of the court, I wish you progress!

  4. Anonymous users2024-02-09

    Divorce doesn't cut off your rights.

  5. Anonymous users2024-02-08

    Theoretically, the other party's user notification will clearly specify the occasions for use and when it cannot be used, and generally speaking, sharing is not allowed.

  6. Anonymous users2024-02-07

    Theoretically, it can't, but it does exist in real life, and since the power to open a membership belongs to you, I personally think it's okay.

  7. Anonymous users2024-02-06

    The classification of legal advice is very detailed, and you should first clarify the classification.

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