Xu Xin: after a period of preparation, I Sohu from media and "major" Sohu legal aid professional account jointly launched a major studio [] program officially launched. Three afternoons a week15-16Point,200A number of volunteers, will be broadcast live column in the Sohu News client, provide free legal advice for people.

 

The consultant, please add Micro message:Mycase/Major, or scan the two-dimensional code

This is the second live Q & a record.

 

[major] live second: marriage and family and inheritance disputes

("major" legal aid platform Q & a record (forty-six))

 

Thank you for your trust and consulting! According to the information provided, according to the relevant laws and regulations of China, respectively, the answer to the following:

 

1241Beat me, her husband, was already not the one or two question, I want a divorce, but he does not agree, can't I live back home, he can become aggravated, went to my parents house to make, my mother in a fit of anger in the hospital (now not discharge), I want to ask a lawyer, my mother the hospital fee I can divorce when asked him to pay for? If not, the family disputes can sue for compensation?

Answer: family violence is may request the marriage fault compensation plot, suggest that preserve the evidence and treatment.

"Marriage law" article46A: one of the following circumstances, lead to divorce, the innocent party shall be entitled to claim damages:

  (A)Bigamy;

  (Two)A person who has a spouse living together with others;

  (Three)The implementation of the family violence;

  (Four)Abuse, abandonment of family members. (Mr. Wang Shuo)

 

1242, divorce, marital property has been divided. At the time of divorce, matrimonial property has divided would need to do notarization? Don't do will have the dispute?

Answer: if the parties in a divorce agreement clearly and have to transfer, no notary. Du Hongtao.

 

1243, to sue for divorce: no property, no children, no debt cost is how much? Municipal Court?

Answer: according to the "payment of litigation fees management approach" (two) non property cases paid in accordance with the following criteria:

　　1Divorce cases each pay50Yuan to300Element. Involving the partitioning of property, the property does not exceed the total amount20Million, without pay; more than20Million yuan part, in accordance with the0.5% pay.  Your case to court should go to the grass-roots court (District, county), the verdict of the first trial of appeal (to our gorgeous)

 

1244, a woman marries a man after being forced to.Men do not.But the woman to marry again after the man claims.Women have a chance?

Answer: if not under any of the following circumstances, without compensation; (a) marriage or cohabitation of a married person with any;

(two) the implementation of family violence or maltreatment, abandonment of family members;

(three) there is gambling, drug abuse incorrigible;

(four) separation for no love for two years;

(five) other circumstances lead to the breakdown of marriage. Du Hongtao.

 

1245Her daughter's wedding, but no licensing cohabitation six months he has an affair, now to the marriage disputes, we should return the betrothal gifts. There are no relevant laws to help us. There is no legal help us thank you.

Answer: not the registration of marriage, can request the return of betrothal gifts. If the Party advocated the return of betrothal gifts, the court will support its appeal. On the negative side of you. (ZhangXuan, Li Chengfa)

 

1246His wife was having an affair, divorce; others have seen; her own admission; now to send court; but she died not recognized; don't know what she was having an affair?

Answer: lawfully obtained recordings, video can be. Zhi Qiuke.

 

1247The parties, are my parents, because of his feelings derailed in conjugal affection, now his father put in companies to raise money to go, severance pay also to others, stock account would not let my mother know, there is a provident fund is not also loans, now we have two suites, a set of their spouses our family, a joint, now that he is to take the money the house and my mother one half, what way can intervene in the act, he will divorce, with my mother to tell me, thank you.

Answer: it is recommended that collect your father derailed evidence, such as audio, video, photos, divorce to the court, and preservation of their property. The transfer of property act, asking the court investigation. Du Hongtao.

 

1248, premarital cohabitation can appeal the court to terminate?

Answer: can ask the court to terminate. According to the problems of "marriage law of the people's Republic of China" interpretation (two) first stipulates that: "the parties prosecution request the lifting of cohabitation, the people's court shall not accept the. But cohabitation dissolution of the parties request, is the third marriage, article thirty-second, the provisions of article forty-sixth of 'a person who has a spouse living together with others', the people's court shall accept the application and shall be removed. Parties due to cohabitation period division of property or child custody disputes filed the lawsuit, the people's court shall accept." (Si Huali, Du Hongtao)

 

1249Family violence, how to collect the evidence?

Answer: family violence evidence:1, alarm record.2, damage identification results.3, violence party recordings or written guarantee. ;4The testimony of witnesses. The four kind of main. For example: photos, alarm police records, hospital, neighbors testimony of witness (Wang Shuo's lawyer, Lei Wenxia)

 

971, Hello, I would like to ask, marriage after the enterprise can be fair? Effectively do

Answer: can do marital property notarization. Husband and wife property can generally be notarized, the specific process please consult the local notary office. (Mr. Wang Shuo)

 

1250How to deal with divorce, shares?

Answer: in the shares of the company, may be broadly understood as the joint property of husband and wife, but if one spouse originally do not belong to the shareholders of the company, in the common shares segmentation can be solicited other shareholder views of the couple, also can not solicited other shareholder views of the matrimonial company to split. The other shareholders do not agree to company stock split (transfer) to shareholders other than the spouse, do not agree with the separation (transfer) shareholders shall purchase is not shareholder spouse deserve shares. The share sale proceeds to did not obtain shares a party all. If the other shareholders do not buy the shares should be deemed to have agreed to split (transfer). (Mr. Wang Zhen)

 

1251I married six years, children have But our marriage certificate is her mother's to the beginning of the At that time I did not care When we want to separate I just found out that our marriage certificate is false, I want to ask if we really separate My child, I how to deal with children~ ~ ~! If we separate the I want to sue her But I want to sue her name for what I should ask How the court would judge this thing. I also want to ask non marriage children Is it right? Marriage and children are the same in law?

Answer: because of child rearing, but not registered, can sue to the court to stop the cohabitation, cohabitation and segmentation of property during the period, to solve the problem to bring up the child. The court will be conducive to the growth of children in accordance with the principle of judgment. The legal status of children born in wedlock and children born out of wedlock is consistent. Du Hongtao.

 

1252, I have a friend, divorced for many years, to borrow a divorce60000Element to her ex husband, ex husband have an IOU for many years, but not yet. Recently, she took her son to come back and ask her ex husband to pay child support payments, ex husband not to hit the child, now the husband know after the arrival of her ex husband home, her family was beaten, pulling both sides pay injury, and to report a case, is excuse me this kind of dispute of medical expenses how to solve? She is how to deal with it properly?

Answer: alarm processing, responsibility identification by the police, and the responsibility to bear the medical expenses according to the situation. As for the money matters, if after many years, the best way to collect the requested evidence, and to the court (DU Hong Tao)

 

1253I have a sister Marriage is the imprint The main reason is their daughter relationship is stiff Stiff to incompatible But the husband was biased in favor of his mother They have a son and a daughter My sister now remember v. divorce But sister not what savings Please have a look If the court sentenced to The children of ownership? Marital alimony probably how many? Son4Years old My daughter is only two months

Answer: Sue divorce courts normally mediation, the mediation fails, the court belonging problem children mainly from the perspective of conducive to children's growth,2Years of age are more likely to mother. About raising fees, negotiation or judgement, including the education of medical cost of living.

But more than two years of minor children, the mother and father are required to live, a party is in any of the following circumstances, may be preferred:

(1) have sterilization operation or other reasons due to the loss of fertility;

(2) living longer with their children, to change the living environment was unfavorable to the healthy growth of children;

(3) no other children, while the other side has other children;

(4) children with life, favorable on the growth of children, and infectious diseases, the other party has permanently or other serious illness, or other unhealthy situation of their mental and physical, not living together with their children. (Lei Wenxia, Zhiqiu guest)

 

1254, also did not apply for marriage licenses,Whether in the planning gynecological examination range?

Answer: no marriage certificate, which belongs to the unmarried birth, is breaching the one-child policy. Whether or not a specific need for gynecological examination please consult your local health department (Du Hongtao)

 

1255Husband, because marriage for many years without a child, divorce, I is because the body is not good, the first few years and have not been in a block, so not pregnant. Last year and this year with2Time, but didn't keep, now husband and her attitude is very tough, divorce, how to do?

Answer: carefully about property problems, coping with divorce. If not to mediation, the other to court divorce, divorce judgment you may. The marriage law explain three of ninth husband to wife, termination of pregnancy without the grounds of violation of their reproductive rights to claim damages, the people's court shall not support; the couple is growing dispute, the feelings that have been broken, a party requests the divorce, the people's court mediation fails, should be in accordance with the provisions of the third paragraph of article thirty-second of the marriage law(Five)The provisions of item processing.

Marriage thirty-second a party of men and women for a divorce, the organizations concerned may carry out mediation or directly to the people's court in divorce proceedings.

The people's court shall carry out mediation; divorce cases, such as emotions that have been broken, the mediation fails, divorce shall be granted.

Any of the following circumstances, the mediation fails, divorce shall be granted:

(a) marriage or cohabitation of a married person with any;

(two) the implementation of family violence or maltreatment, abandonment of family members;

(three) there is gambling, drug abuse incorrigible;

(four) separation for no love for two years;

(five) other circumstances lead to the breakdown of marriage. (Du Hongtao, Si Huali)

 

1256The prosecution to divorce his wife, husband, wife against her husband commits bigamy, two cases are synchronous trial?

Answer: can not simultaneously trial, bigamy cases should be preferred, divorce proceedings to suspend the trial. If the husband is coincidence, husband and wife marriage is invalid, invalid from the beginning, there is no divorce, only court declared invalid. Si Huali.

 

1257Withdrawal, divorce, the divorce, is regarded as the counterclaim joinder, or inform the other ideas?

Answer: after the withdrawal, the defendant filed for divorce is the two cases, not what the counterclaim said, belonging to the prior claim (Mr. Wang Zhen)

 

1258, the man sued for divorce, the people's court found her in a year of pregnancy, after childbirth or pregnancy termination within six months in the trial process. In this regard, the court should take the prosecution does not meet the conditions of admissibility is rejected the prosecution, or entity?

Answer: "marriage law" the relevant provisions of the reflected in the specific period, special protection for women, fetuses and infants. Because in that period, women's body and mind in a relatively weak state, if during his divorce, the woman's health and fetal, infant health will have an extremely adverse impact. Therefore, the law of the period the prosecution did limit.

     Therefore, the court verdict, sentenced in pregnancy, within one year after giving birth or within six months after pregnancy suspension, may not apply for divorce. (Mr. Wang Zhen)

 

1259, after we were married, her parents all the money to buy the house, we now want to divorce, whether I can be divided into part of the house? Before her parents paid Shoufu, house to write her name, after marriage I went home, if we divorce, the house will how? Before getting married, I paid Shoufu, house to write my name, after the loans are her parents to pay, I want to know the house ownership Is it right? Or me?

Answer: the woman pay Shoufu, housing in the woman's name, married you owing on the loan conditions, real estate should also belong to the woman, you may argue that the division of common owing on the loan part. "The Supreme People's Court on the judicial interpretation of the marriage law (three)" Tenth spouse before signing the contract for the sale of immovable property, the personal property to pay the first payment and bank loans, after marriage with the joint property of husband and wife owing on the loan, the registration of real property in the first payment party name, the divorce of the immovable property by the protocol processing.

In accordance with the provisions of the preceding paragraph can not reach an agreement, the people's court may order the real estate property right registration to party, has not yet returned to the property right registration loan a party's personal debt. Both sides together after marriage loan payments of the property and its corresponding appreciation part, divorce should be based on the provisions of the first paragraph of article thirty-ninth principle of marriage law, property right is registered by one party to the other party for compensation. (Mr. Wang Shuo)

 

1260, I marry husband6Years, children4Years old, two years ago I did a sterilization operation, now we are going to divorce, whether I have relatively large may get custody of the child?

Answer: have sterilization operation or other reasons due to the loss of fertility priority support. Zhi Qiuke.

 

1261Individual investors, I bought a set of large-sized apartment, a good mother died from my son, ask family members to sign an agreement that the matter, have the force of law?

Answer: if the mother has not yet died, suggest that with the mother to do probate. Grandchildren are not legal heir. Can also be directly registered in the son, and the mother lived to. (Wang Shuo, Lei Wenxia)

 

1262Because the man was having an affair, divorce, when I did not want what property. He owed me money, I give you, the divorce agreement stated how much you owe me. It is bad4Million, the money that doesn't give me the prosecution. Would like to ask what the court prosecution will be how to deal with, now the only value7Million cars

Answer: there are ious of the prosecution to pay back the money, as long as the other party approval, may directly apply for compulsory execution order of payment, enforceable property (Lei Wenxia)

 

1263There is a subset of women, heritage of the deposit after hiding out, secretly. Excuse me, in the distribution share of heritage, the children will be punished?

Answer: can request the court to ascertain the hiding property, and recovered, generally do not have punishment (Du Hongtao)

 

1264The wife, marry me78Years ago, I do a little business life is a good life, I did not cherish, this two years my factory sold the car, choose to work, as before, I love her, but she choose a variety of grounds for divorce, I don't know what to do. We have a child

Answer: the freedom of marriage, who can't also interfere! If both husband and wife affection, will the court according to the judgment! (Mr. Wang Zhen)

 

1265In marriage, divorce, how to handle the mortgage?

Answer: both sides can negotiate real estate ownership, one party claims ownership of the building, by the assessment organization according to the market price of housing assessment, according to the price of real estate assessment deduct the loans, access to housing ownership shall give the other party a corresponding compensation, housing need to negotiate with the bank, generally by the signing of the loan contract the account of a party. Du Hongtao.

 

1266, my husband and I married for almost two years, there is more than one year old daughter, because of various reasons that I have no confidence and he continued to live, but he is the kind of person that is worthless, if be in a calm mood to talk about it, he is not allowed, but also brings me a lot of trouble, I think I need to leave a few years will be a bit better, so I'm going to go a few years, but do not know how long, even if separated automatically divorce? So I came back again after a few years, how do the procedures? Children will be how? If left in the years I regularly send money to children to do maintenance fees, whether I should keep the evidence? Divorce, child support will be how to judge?

Answer: two years separation is one of the divorce case legal, can keep apart evidence and evidence for the child's upbringing, but eventually divorce or both sides need to present, about unpaid child support payments and issue of common property, the court may organize mediation, general according to the income and living standards to determine the life education of medical expenses of children. Lei Wenxia.

 

1267, I got incurable disease, my name there is a property in the marriage is my own financing to buy, if which day I go, my house is not left to the husband, but to the child?

Answer: after the purchase of real estate, unless there is evidence to prove that is the premarital property to change and come, should be identified as the joint property of husband and wife, the husband owns half of property, you can only decide their own half of the property value does not leave her husband. Suggestions for quasi wills, will belong to the individual half property transfer to his son. (Wang Shuo, Du Hongtao)

 

1268After her husband died, Zhang old son has been living in a big family, three years after the big son died, Zhang old and big daughter-in-law still live together, the big daughter-in-law to thrive. Zhang old during the big daughter-in-law home life, in small rural son and married daughter also often see Zhang old, in the material economy given the appropriate help, did not leave a will Zhang old at the time of death, there are deposits of2Million yuan, there is a common building with her husband's house in the countryside. If the small son said mother deposits and parents' house shall be borne by the inheritance of words, in law there is no reason? Why?

Answer: there is no reason, big son before the death of the mother, the son of the children inherit in subrogation its share, widowed daughter-in-law against her mother-in-law to maintenance obligations, should be regarded as heir, and his little son as heir (Du Hongtao)

 

1269The house, mother, mother had died, one of the children, it is American, need to open that abandon inheritance?

Answer: according to the provisions of statutory succession, as long as the children have the right of succession, unless expressly waived except in children. (Mr. Wang Zhen)

 

1270, Hello, father has a car is to write the name of the father, the mother wanted to name just in her name, but both parents are not in, what to do?

Answer: after the death of his father's car only as a heritage from the inheritance of the heir to inherit, mother to notarization in their own name, only the notary should inherit part. Lei Wenxia.

 

1271, the teacher is good, I married for more than half a year, and now his wife asked for a divorce, my request is that the property half for me, and the property is the family money, my wife does not agree, if take legal proceedings if there is a chance. I bought a house before marriage, but the mortgage, the house has a relationship with my wife? Thank you.

A: your wife can get half of the joint property of husband and wife part, but for you and your family premarital personal property shall not be entitled to the money segmentation, real estate problems your wife to you together after marriage also mortgage and real estate value-added part have the right to claim the segmentation, but real estate should be in your name. "The Supreme People's Court on the judicial interpretation of the marriage law (three)" Tenth spouse before signing the contract for the sale of immovable property, the personal property to pay the first payment and bank loans, after marriage with the joint property of husband and wife owing on the loan, the registration of real property in the first payment party name, the divorce of the immovable property by the protocol processing.

In accordance with the provisions of the preceding paragraph can not reach an agreement, the people's court may order the real estate property right registration to party, has not yet returned to the property right registration loan a party's personal debt. Both sides together after marriage loan payments of the property and its corresponding appreciation part, divorce should be based on the provisions of the first paragraph of article thirty-ninth principle of marriage law, property right is registered by one party to the other party for compensation. (Mr. Wang Shuo)

 

1272My grandma and grandpa died, a house now involved the inheritance problem,With the inheritance of people is my father and my uncle,After we privately negotiated my uncle agreed to give up the right of inheritance.And now this house belongs to all public houses by the housing reform to need Is to buy property. I have scruples if after buying property I expect there will be argument Regret not consent before the negotiation results But as economic compensation I want Excuse me Is it right? Should undergo the impartiality of the judiciary?To protect the law,I personally to the implementation of the real property purchase.

Answer: according to the provisions of statutory succession, as long as the children have the right of succession, unless expressly waived except in children, to give up the succession of personnel can sign a written waiver of succession proof. (Mr. Wang Zhen)

 

1273If have, two adult brothers and a half brother, but father and mother divorce is14Years, and my brother was the court awarded custody brother's mother, father, lawful spouse now is the younger brother's mother, what, a excuse me the future inheritance and brother if there is, then brother inherited is the father, or a brother and the whole family property?

Answer: brother have the right of inheritance, the inheritance should be part of all of his property in its due part, all share not the father later family property (Lei Wenxia)

 

1274Because of my house, the land use certificate is the name of the father (no real evidence), after his father passed away, I want to give my mother (housing succession,3A sister are all of my inheritance, but not the scene justice), I would like to ask, in addition to work out what other methods can be inherited? If you want to just words, how fair fees? (the house about100W), just after the housing is still need to go to the housing authority to transfer? Transfer fee is how much?

Answer: good negotiation and sister, Sue several other sister directly to the court, claimed the property, holding court for the transfer, in order to save costs. Du Hongtao.

 

1275Now, my wife is married with children, every day they quarrel with me, really can not stand, I'll move out to live, then go back a month, they won't let me into the house, near her son came to hit me, I have no right to, the house is public, I don't live in the now, who can give me?

Answer: to reflect the street or the police station, and keep the relevant evidence. If the problem can not be resolved, can sue to the court (Du Hongtao)

 

1276My father and stepmother, married together built two houses, but my stepmother to take us home two house property card into her mother with her daughter. (her daughter lived with us.) Now she cling to one's view house all is her What should we do?

Answer: "marriage law" stipulates that the seventeenth "couple acquired during marriage in the following property, both the husband and the wife: (a) the wages, bonuses ; (two) the production, operating income; (three) the proceeds of property; (four) the inheritance or gift from the property, but the article eighteenth third stipulated; (five) all the other shall be jointly. On the common property of all couples have equal right, with "category, is of course the joint property of husband and wife. Even if only wrote the name of the party, still can not change the property of the joint property of husband and wife.

Since housing is a stepmother and father married by the construction, so it should be identified as the joint property of husband and wife, even if it is registered in the stepmother and her daughter's name, also cannot change its ownership belongs to, so your father has the legal ownership of the house, then you can also inherit the corresponding part. (Wang Zhen, Lei Wenxia)

 

1277Members of the family contract households, in death, rural contracted management rights can be inherited

Answer: the right to the contracted management of land to households as a unit, part of the household members died, Touchi and other members of the family does not inherit, continue to operate as well (Wang Shuo)

 

1278Couples, false divorce, the man took out, the Ministry of Civil Affairs has decided all the property to all the woman, which has a car and a house is the name of both. The woman asks the man for the analysis of production, the man don't agree. And the man that had his name property permits, to ask her to ask for10Million yuan, or not to do analysis of production, you cannot change the name to the house property card. A month after the divorce, she discovered that the man is a three year old woman with an illegitimate child and cohabitation outside. In this case, whether can apply to the court for compulsory execution of all property belongs to her, after the divorce, discovered that the man with a female cohabitation and an illegitimate child, whether it can be investigated for legal responsibility of the man.

Answer: if you have relevant evidence, can man live with others in the marital relationship continues to exist as to demand compensation. As for the property, the court has ruled all the woman, can ask the court for compulsory execution, the procedures for transfer. Du Hongtao.

 

1279If have, two adult brothers and a half brother, but father and mother divorce is14Years, and my brother was the court awarded custody brother's mother, father, lawful spouse now is the younger brother's mother, what, a excuse me the future inheritance and brother if there is, then brother inherited is the father, or a brother and the whole family property?

Answer: my brother is the father of the children born in wedlock, and brother is the legal father, father's legacy by statutory succession should be brother, brother and brother mother equally (if grandma and grandpa had died). Now the brother family property into his brother's property, common property brother parents, the father as part of the inheritance. (Mr. Wang Shuo)

 

1280I told my husband, affection for several years, we have a9Year old daughter, I am going to get a divorce now, the establishment of a new family, and pregnant3Months, but he wanted me to raise her daughter, this situation what should I do?

Answer: the negotiation of raising children, not directly raise a party to pay alimony. Negotiation fails, to go to court in divorce proceedings, but during your pregnancy3This month, the man can not as a plaintiff filed for divorce, except legal provisions. Si Huali.

 

Disclaimer: this direct seeding on legal questions on the basis of advisory information, mainly by the "big" legal aid volunteers answer platform impromptu, on behalf of the respondents' personal point of view, for advisory reference.

 

 

Major case./Case]

Beijing Institute of Justice Research Institute

Focus on major cases, the compilation of data files, promoting case study

Depth of investigation, case tracking, simply view columns

Micro-blog@Tencent major/Sohu@Major case

For a long time, received a large number of legal advice and help, unable to answer all of or concern

After careful consideration, the establishment of the platform

At present, the legal professional volunteer has begun to take shape

To provide free legal advice to the public, and according to the specific situation

To provide legal aid to have serious difficulties in the weak obligation.

The consultant, please add Micro message:Mycase/Major, or scan the two-dimensional code