Tuduo owns the joint property of husband and wife.
In July, Liu Yun came to Harbin Power District Court with the evidence that her husband owned real estate, and formally filed a divorce lawsuit against her husband Jun Xiao. In fact, as early as a year ago, the couple who had been married for ten years were already incompatible because Xiao Jun had an affair. When Liu Yun knew all this, he filed for divorce, and her husband didn't object. However, when they divided their property, Liu Yun, who always ignored money, found that their husband and wife had only saved 20,000 yuan over the years. Liu Yun saw that her husband had left "one hand". In order not to eat this "dumb loss", she did not rush to divorce, but began to investigate her husband's financial situation through relationships.
After a period of investigation, Liu Yun didn't find that her husband had other bank deposits, but she knew in her heart that according to their daily expenses, she could have 65,438+10,000 yuan in deposits these years. Liu Yun remembers that when she suspected her husband was having an affair, she followed him to a house in Daowai District of Harbin and found him dating a woman. Later, her husband admitted that he often spent the night at this woman's house. After Liu Yun learned from the side, this third party turned out to be a massage lady who came to work in Kazakhstan from other places, so Liu Yun came to the real estate department to transfer the property right of that property. As a result, the owner of the house is indeed her husband Jun Xiao. It turns out that Jun Xiao spent more than 100,000 yuan as early as two years ago and secretly bought a house. After obtaining conclusive evidence, Liu Yun recovered his due property in court. Countermeasures for investigating the hiding place of private houses
In divorce cases, it is quite common for one party to conceal the information about the property privately. Some calculating parties have bought another property privately before facing divorce. At the time of divorce, buyers never mentioned another property, and this property is naturally not included in the division of property. In the face of such a thing, one party should understand that it takes a long time to go through the formalities of buying a house, and it is inevitable that couples will get along with each other at ordinary times. Therefore, if during the divorce or some time before the divorce, you find that the other party's behavior is secret or abnormal, and you suspect that he may have other property, then you should pay attention to looking for the other party's ticket or deposit records to see if there is a large payment for a period of time, as well as the records of remittance to real estate companies. If the other party acts quietly and without trace like the above-mentioned Jun Xiao, then it is necessary to use reasoning to determine whether to buy real estate. For example, suppose one party buys property elsewhere. what is the purpose? If it is possible to live with your lover, you can try to investigate your lover's residence. After finding the house number, go to the real estate trading center to inquire about the property rights of the house; If it is possible to be used by relatives, you can first determine the scope of the investigation and then rule it out one by one. It should be noted that, generally speaking, after the parties buy a house privately, the possibility of vacant houses is very small. Even if all the above investigations fail, we should pay close attention to whether one party contacts the real estate agent to see if it is possible to rent. Usually, when one party intends to hide the property, it is difficult to complete the above investigation only by the other party's own strength and ability. Therefore, hiring lawyers with professional experience and relevant investigators can also avoid detours.
Selling a house secretly before divorce-disposing of the same property, the income is "squandered" by one person. In China, there is generally only one name on the real estate license, that is, the house with the same name is just one of them. Then it is impossible to rule out the possibility that one party will transfer the property to the other party's name and collect or transfer cash without authorization during the divorce. Recently, the Daowai District Court in Harbin has such a case. Husband and wife separated for a long time because of emotional friction. When the wife who had been back home for many days wanted to come back and divorce her husband, she found that there was no one at home. It turned out that the real estate license of this house was originally her husband's name. The scheming husband deliberately angered her and secretly sold the house and left. When I met my husband, I also said that I lost money selling my house and doing business, and spent it on eating, drinking and having fun. Countermeasures for determining the object and time of buying a house
Generally speaking, during divorce, it is illegal for one party to dispose of the joint property of husband and wife without authorization, and the court can terminate the contract. According to the judge of Daoli District Court, it is not a very clever way to conceal the transfer of property in this way, but the purpose of one party is to find a reason to get away after taking the cash. It cannot be said that this is a clumsy but still effective transfer method. To deal with such a thing, the other party should grasp the following two points: the object and time of housing transaction. To determine the transaction object, we must find the owner of the current house and see if they know the fact that "this house is the same property". If they know, it is "malicious acquisition" and they can ask the court to cancel the contract. On the contrary, if you don't know, you can only deduct it from the property that the seller deserves according to the specific situation. If the house is sold to parents, the court will still rule that the transaction is invalid, thus fundamentally protecting the rights and interests of the other party.
The purpose of determining the transaction time is to collect favorable evidence and defend the reason that the other party may put forward that the house payment has been exhausted. For example, if one party claims that the house payment has been consumed, if the transaction time is short, the court will generally not adopt it. Therefore, the wife in this case should go to the real estate trading center to inquire about the time and object of the transaction.
Cunning men buy a house to "give it away"-to occupy more property when divorced.
Wang Dan didn't expect it until the divorce. After being a husband and wife for more than 20 years, her husband has been hiding selfishness with her. Both Wang Dan and her husband Li Kai have stable jobs. In my spare time, my husband and his friends started a company in partnership, and their company has become quite large in a few years. But this year, when Wang Dan and Li Kai divorced because of their long-term disagreement, there was a problem with the division of property. Husband said that all the money earned by the company was spent. Wang Dan didn't believe Li Kai's lie that all the money had been spent, but he couldn't find out where the money was. Over the years, Li Kai's brother and sister bought houses separately, and Wang Dan never understood where they got the money. Now Wang Dan finally understands that Li Kai bought a house in the name of his brother and sister in order to occupy more property during the divorce. The countermeasures start with investigating the real estate of relatives and friends.
During the relationship between husband and wife, they buy real estate in the name of others, but they are the owners of the actual real estate. After the divorce, they will transfer the property to their own names. Things like this usually happen when the relationship between husband and wife is long, divorce is inevitable, and one party's income is relatively rich. The parties can find out each other's flaws from several aspects. First, due to the huge value of real estate, the average party will not buy real estate in the name of ordinary friends, but most commonly in the name of parents, brothers and sisters. Therefore, this situation may exist if parents or brothers and sisters who are not well-off suddenly own real estate. Second, from the trading time, check the investment clues. According to the payment time of the house purchase price, recall whether one party has any major financial expenditure or abnormal situation during this period, and check the capital flow in one party's bank passbook if possible. Third, you can directly check the source of the bank that entered the real estate company to purchase the house. If it happens to be her husband's bank, her husband's account, this is the most powerful evidence.
* * * Before marriage, both parties jointly bought a house for themselves-before marriage, both parties invested in buying a house under the name of one person, which left a hidden danger for the division of property during divorce.
Zhang and Yu Xiaohui are a pair of typical "early knot and early breakup" types. Less than three years after their marriage, the young couple began to divorce. They have no savings, only the house, household appliances and furniture they bought when they got married. Zhang Xiatao asked Yu Xiaohui to take whatever she wanted, but Yu Xiaohui couldn't accept it. She had to share the house with Zhang. But in court, Zhang pointed out that the house was bought at his own expense before marriage and should not be divided according to the marital property. At that time, Yu Xiaohui gave a cry and told the truth. They did buy the house before marriage, because it was just in time for the developer to liquidate and dispose of the redundant house, which was much cheaper than the market price. In order not to lose the opportunity to buy a house, both of them invested in the house without getting a marriage certificate. When handling the purchase procedures, Zhang naturally put the house in his own name with more investment. When Zhang faced a divorce, he denied the fact that * * * contributed together. Countermeasures to find evidence of * * * buying a house together
According to the presiding judge, because they didn't want to lose the opportunity to buy a house, both parties invested in buying a house before getting the marriage certificate. However, when going through the formalities of buying a house, the "smart" party used "inconvenient loan" and "can't own a house without a marriage certificate" as an excuse, and when it came to divorce, it categorically denied the fact that * * * jointly contributed. It's really hard to make it clear between you and me, but it's not completely helpless, as long as Yu Xiaohui has enough evidence to prove that there was indeed a fact of raising money to build a house. For example, she can check the bank records or credit card records of the remittance, or she can find the testimony of the person who sold the house at the beginning according to the capital contribution. It is worth noting that such disputes are more and more common among young couples. Both of them invested in buying a house before marriage, which is a high degree of trust in each other. They didn't expect the problems they might encounter later, and often one party suffered a big loss when they divorced. Therefore, in order to avoid such disputes, the most important thing is to reach a capital contribution agreement with the other party when investing in buying a house before marriage, and leave a written certificate or witness. Although this is a little difficult for young men and women who are about to get married in love, it is the best way to avoid disputes after all. There are many ways to transfer deposits-withdraw funds from savings or salary cards and deposit them in other accounts, and hand over the remaining salary cards to the court for division, claiming that the rest have been used for family expenses.
Xu Kuan and Sun Baoping, both civil servants, recently came to court for divorce. Both claimed that the other party had hidden the property of the husband and wife. Because the couple have been at odds all the year round, the income was managed separately many years ago. Sun Baoping thinks that her husband gave money to her mother-in-law, and Xu Kuan thinks that her wife gave money to her mother's family. They often quarrel over family expenses. In August this year, the two men had another conflict and wanted to divorce and separate, but they had differences when sharing money. Sun Baoping said that her husband's monthly salary is 2,000 yuan, and there are various bonuses at the end of the year. With his expenses, it is impossible to have no money in the passbook. Xu Kuan also believes that his wife transferred their husband and wife's 50 thousand yuan deposit to other places without spending it, and the money on the salary card is only the basic salary. He also lost money if he divided it. Countermeasures: Grasping Savings Information Seriously
In this case, the key is to produce evidence of hidden property. However, this is also a difficult point in the investigation. According to the law of our country, the parties and lawyers have no right to inquire about bank deposits, and only the public security organs and other departments have this right. Practice has proved that one party can only apply to the court unilaterally to inquire about the property that may be hidden during divorce at the litigation stage, but it should be noted that the court will only support it if it has detailed information such as account number and bank. Therefore, in daily life, couples should pay attention to the receipt of the other party's withdrawal, pay attention to the information of the other party's deposit, and especially remember the bank and account number.
There is another situation where you know that there is a deposit, but the other party takes it out without authorization, verbally claiming that it has been used for daily living expenses, but in fact it is deposited as a bank in the name of others.
In this regard, the senior judge of divorce trial reminded people who are so confused that in divorce cases, the court generally does not accept applications for third-party deposit accounts other than the investigation cases. When you think that the other party's deposit is not used for living expenses as he said, but may exist in someone else's name, you can consider: investigating the time when the deposit was withdrawn and recalling whether there was a reasonable living expenses during that time; The amount withdrawn from the deposit, if it is a huge deposit, will not be used up in a short time; Prepare one party's normal living expenses and relevant evidence as evidence for refutation and defense, and pay attention to collecting other relevant facts and evidence.
The husband and wife run the company "dry compensation"-the wife moves when she is an accountant, and the divorce monopolizes the money.
Jiang Hua didn't expect that he would be taken in by his wife who lived together day and night, and he was about to face the situation that his wife was separated, ruined and in debt.
Jiang Hua and his wife opened a couple's shop in the bustling area of Xiangfang District, Harbin, dealing in office supplies. Jiang Hua is in charge of running business outside, and his wife is in charge of accounts. This spring, his wife repeatedly did his job and asked him to borrow money from his family to facilitate financing and expand reproduction. At the behest of his wife, he borrowed 30,000 yuan, set up an iou and signed his name.
Half a month ago, my wife suddenly filed for divorce on the grounds of emotional breakdown. At this time, he discovered that the small shop he had worked so hard to run had been operating at a loss. Judging from the current accounts, he not only didn't earn a penny, but owed the manufacturer 20 thousand yuan for goods. Together with the 30,000 yuan he borrowed from his husband's family, the debt of the husband and wife was as high as 50,000 yuan. The result is unacceptable to him in any case. Because the business of the small shop has been good and the passenger flow is constant, it is rare to see a wife who has money but can't open it. They got married on 1997 and opened a shop on 1998. When they opened the shop, the couple had saved 20 thousand yuan. He can't figure out how this business can get poorer and poorer. Countermeasures for applying for property protection
The president of the People's Court of Daoli District, Harbin believes that although there are various means for one party to transfer property, they are not impeccable. Taking Jiang Hua as an example, it is not difficult to find the loopholes as long as we carefully check the accounts of small shops and visit banks, suppliers and long-term customers. The safest way is to apply to the court for property preservation in time once there are signs of divorce, and the court will "supervise" the property. Hidden income from investing in stocks-a high means to hide stocks.
Xiao Jia and Lin Song both have stable jobs. When they first got married, they lent 50,000 yuan as shares to a friend to start a company. Later, the company operated well. When paying dividends every year, Lin Song will buy some small gifts for his wife and tell her that they have made some money and have invested to enrich their shares. In recent years, my friend's company has been quite large, and the 50,000 yuan invested by Michelle and Lin Song in that year has also appreciated dozens of times. But this year, when Xiao Jia and Lin Song divorced because of emotional discord, there was a problem with property division. The 50,000 yuan invested in that year should have snowballed into 500,000 yuan or even 6,543.8+0,000 yuan, but Lin Song only shared 50,000 yuan with Wang Dan. Wang Dan checked the accounts of his friend's company, and it was true that only 50,000 yuan was invested in the company, and Lin Song took all the dividends every year. Wang Dan didn't believe Lin Song's lie that he had spent all his money, but he couldn't find out where the money was. Intangible assets and management countermeasures.
When divorcing, the division of property shares of companies and enterprises has gradually become a new focus in the process of handling divorce cases. Because the register of shareholders of companies and enterprises can be inquired in the industrial and commercial registration authority, the means of concealing property is limited to shares in the name of others and anonymous shareholders. For the division of property between companies and enterprises, the main problem is that the company's finance is not standardized or the accounts are not true because of "two accounts". Even if the assets are audited by the court, the result is often "high value and low evaluation". Therefore, assets such as stocks, funds and treasury bills should be jointly managed by husband and wife.
The "poor" husband has huge wealth-on the eve of divorce, the wife found out that her husband had registered a number of patented technologies.
Wang Huixian and Sun Dehui are both from Qing 'an County, Heilongjiang Province. They got married on 1984 and later gave birth to a smart and lovely daughter. At that time, they had a very poor but happy and warm family.
Sun Dehui is a flexible and unwilling mediocre person. 1988, after studying at his own expense, Sun Dehui went to Beijing to start a business with his classmates. Wang Huixian was transferred to a unit in Harbin to be an accountant, and 1994 moved to Harbin. From then on, Kanie Wang and Sun Dehui continued their long separated life. Sun Dehui regularly sends some living expenses to his family, while Wang Huixian takes care of his daughter and waits for her husband to get dressed and go home.
For more than ten years, Sun Dehui only went home once or twice a year for five or six days at a time, so Wang Huixian always wanted to go to Beijing to see her husband, but he was firmly opposed by Sun Dehui. Gradually, Sun Dehui's news in Beijing is getting less and less, and the number of times he goes home is getting less and less. After Sun Dehui didn't go home for two years in a row, in June 2004, Wang Huixian received a divorce agreement "flying in" from Beijing. The divorce agreement clearly states that Sun Dehui wants to divorce Wang Huixian and divide a 60-square-meter house in nangang district, Harbin where Wang Huixian and his daughter now live. With this agreement, Wang Huixian was at a loss. Because Sun Dehui never told his wife the real situation in Beijing, Wang Huixian only vaguely knew that her husband seemed to have applied for a patented technology and started a company in Beijing. The specific situation is unknown. Now that her husband wants to divorce and divide his only house, Wang Huixian feels more and more chilling, but there is nothing he can do. Countermeasures: Using Internet to Obtain Patent Information
In response to this case, the reporter interviewed Wang Baichun, director of Harbin Xu Dong Law Firm. He said that intellectual property, as intangible property, is quite special compared with traditional property, and the hidden property disputes caused by divorce are more hidden. If you want to find it, you may have to use high technology. Now that you have applied for patented technology, you should be able to find relevant information online. Enter the name of the other person into the search engine of the Internet, and you can find information or web pages related to his name. Especially the registered patented technology, there will be relevant information on the Internet. After finding clues, you can go to the relevant departments to write evidence, or you can ask the society to calculate the benefits that the patent will get.
Director Wang also pointed out that in terms of division, intellectual property rights are generally owned in the name of one party and have strong personal attributes, which means that intellectual property rights and intellectual property owners are difficult to divide. However, according to the provisions of China's new marriage law, the interests of intellectual property during the existence of the relationship between husband and wife are the common property of husband and wife. Therefore, the above-mentioned Sun Dehui should distribute half of his income to his wife.
The plan to transfer the tiger on the mountain-transfer the "big" property
Because of the "cold war" or "firefight" period, it is difficult for both parties facing divorce to get along at home like normal couples. Therefore, more than 30% couples choose to live apart, even if they still live in the same room due to conditions, the concept of "home" is just a "hotel" or a place to vent their anger. When the conflict intensifies to a certain extent, one party will take advantage of the other party's unprepared to transfer valuable things at home, such as refrigerators, televisions and other large consumer goods to the "mother's house" or other places, or deny that a * * * has property. Countermeasures
Pay attention to the collection and preservation of purchase invoices for furniture and electrical appliances. If you have a hunch that the other party may transfer the hidden property, you can invite two friends to your home. After taking pictures of household appliances with a video camera, ask friends to testify and sign the list of family property. If household appliances are found to be transferred, they should immediately report to the police and strengthen court acceptance. Notarization of news links can prevent malicious infringement and circle money.
Wang Yalin, an expert in lifestyle research at Harbin Institute of Technology, believes that notarization of marital property is a panacea to prevent property transfer during divorce.
He pointed out that with the continuous improvement of living standards, the composition of property has also undergone tremendous changes. Modern people's property is not limited to cash, jewelry and real estate, but has turned to diversification. These include fixed property, such as cars, household appliances and furniture; Financial assets such as equity, futures, stocks, insurance, etc. Intangible assets such as intellectual property, copyright, patent right and trademark right. This is complicated. If the husband and wife do not make a clear agreement or notarization on the ownership of these properties during the marriage, then once one day "disaster comes, they will fly separately", which is bound to be overwhelmed by the division of property. Although the family is not a utilitarian place, with the continuous introduction of market mechanism into the family, it is imperative to notarize the property of husband and wife.
Wang Shichang, a sociologist at Heilongjiang Academy of Social Sciences, said that the ways of notarization of husband and wife's property are flexible and diverse, which can be agreed and notarized before marriage or at any time after marriage. Couples who are afraid of trouble can also sign a written agreement without the approval of any department, which is equally legally binding.