Xu Renqing, 33, is a laid-off worker at a factory in Huaihua, Hunan Province. After divorcing from his wife in 2001, Xu Renqing lived alone. In August 2002, Xu Renqing borrowed 100000 yuan from his friends and opened a decoration material store. Its OK to start business, but due to the fierce competition among peers, Xu Renqing soon lost money instead of making money. When Xu Renqing lamented the bad luck, a divorced woman named Wu Liyun threw the red Hydrangea of love to him.
Wu Liyun, then 25, also had a happy home. Her husband was in the steel business. Unexpectedly, the rich husband raised Xiaomi outside and soon divorced Wu Liyun. At the time of divorce, he voluntarily compensated Wu Liyun for 500000 yuan. Wu Liyun used the money to set up a restaurant in the downtown area. Due to the well-organized operation, the restaurant business is booming day by day. At ordinary times, Xu Renqing often goes to her restaurant for dinner, and sometimes clients come there to entertain her. They come and go, and they gradually get to know each other. Seeing Xu Renqing is not only tall and handsome, but also practical. Knowing that he has been celibate since his divorce, Wu Liyun cannot help but feel the waves of love. Later, it was said that Xu Renqing lost his business and wanted to sell his shop and go out to work. Wu Liyun was afraid that he would never see him again. He summoned up the courage to express his love to Xu Renqing: if you dont mind, lets take care of this restaurant together. After much deliberation, Xu Renqing decided to stay. He transferred the decoration material shop cheaply, and then operated the restaurant together with Wu Liyun. Soon the two were married.
After marriage, the two worked hard and the restaurant business became more and more prosperous. Wu Liyun firmly believes in the belief that if a man has money, he will go bad. In order to make Xu Renqing loyal to himself and hold on to the economic power of his family, she is in charge of all the income in the shop. Sometimes Xu Renqing has to ask her for money in a low voice if he wants to buy a pack of cigarettes. This makes Xu Renqing, who needs a lot of face, unable to look up in front of his relatives and friends. Gradually, the two people had a dispute over the economy, and their feelings also cracked. By chance, Xu Renqing and Liu Xiaolan, who worked in Huaihua City, got to know each other. They got on well.
After having an affair with Liu Xiaolan, Xu Renqing decided to fight against his wife economically. But the economic power is in the hands of his wife, how can he get money? So Xu Renqing began to quietly save up the private money. The restaurant often has some guests sign the bill. When Wu Liyun finds it hard to get back, he stops asking about these accounts, so Xu Renqing tries to find a way to get back the money and quietly save it. In addition, when Xu Renqing went shopping in the market, he often falsely reported the purchase price and wiped out a lot of money. When a certain amount is reached, he raises the money
The interest loan went out and made another profit. In order to save more money, he even took a part-time job in another tavern. He used his rest time to work there secretly, and the salary he got was still saved. In a few years, Xu Renqing has saved as much as 300000 yuan for his private house. With this money, Xu Renqing quietly bought a facade in the golden section of the city. Soon, he took advantage of the price rise and threw it out. At once, he made a net profit of more than 100000 yuan. In this way, his private house money continued to increase, reaching nearly 500000 yuan. All this, Xu Renqing conceals like a bucket.
But Xu Renqing and Liu Xiaolan have not concealed from Wu Liyun. Seeing that her husband betrayed herself, Wu Liyun felt very painful. Instead of finding a reason from herself, she was paranoid: Xu Renqing is an ungrateful villain. Without me, he would not have been today! So she made a lot of noise and tried to hurt her husbands body to save his heart. Who knows that this is counterproductive. In March 2005, Xu Renqing filed a divorce petition with the court. At first, Wu Liyun refused to divorce, but later she saw that Xu Renqing was determined, so she said, divorce is OK, but you cant take a penny of property away! In view of Xu Renqings betrayal of Wu Liyun emotionally, the main fault of the couples emotional breakdown lies in Xu Renqings side, so the court took care of Wu Liyun in the division of common property, and Xu Renqing almost didnt get any property. To Wu Liyuns surprise, Xu Renqing didnt raise any objection
The harassment of ex-wife caused a series of lawsuits
In May 2005, Xu Renqing married Liu Xiaolan. The news came to Wu Liyuns ears. She was very upset. She had to move several times to Xu Renqings and Liu Xiaolans residence. At the beginning of July of the same year, Xu Renqing invested 300000 yuan to register and establish a trading company. He chose a two-story storefront house in the urban area as the business place of the company. He not only paid 60000 yuan of rent for two years, but also decorated the house. In this way, Xu Renqing has not much money left for his private house.
After this time, Wu Liyun went to Xu Renqings company to make trouble. In this way, the normal operation of the company is seriously affected. Once a customer came to sign the bill, but he couldnt stand Wu Liyuns swearing and then ran away, let Xu Renqing
In December 2005, although Wu Liyun stopped harassing Xu Renqings company, Xu Renqings company could no longer operate. So he decided to close the company for liquidation. After liquidation, within five months, he lost more than 100000 yuan. In particular, he felt that the rent had been paid unjustly and that he had renovated the companys buildings. In order to reduce the loss, he negotiated with the owner to return part of the rent and compensation for the decoration fee, which was rejected by the owner. On March 13, 2006, Xu Renqing took the homeowner to court in a rage. After the trial of the case, the court found out the basic facts of the case: before the original landlord rented the building to Xu Renqing, he planned to rent the building to others for 25000 yuan per year, and collected a deposit of 1000 yuan. However, Xu Renqing, in order to rent the house, negotiated with the landlord, and was willing to rent it for two years at a price of 30000 yuan per year, and paid off the rent in a lump sum. Xu Renqing offered: if I dont work in the middle of the way, I dont want the rent. At the same time, when decorating, Xu Renqing promised the landlord not to make any compensation. For the above reasons, on May 4, 2006, the court rejected Xu Renqings claim.
After losing the lawsuit, Xu Renqing felt a lot of pain in his heart. The money was the private house money he had saved hard. It didnt come easily! The day after Xu Renqing received the courts judgment, Wu Liyun heard the news of his defeat from nowhere and went to his home to gloat.
Ex husband accuses ex wife of infringement, ex wife accuses ex husband of stealing house money
Although the investment failed, Xu Renqing didnt lose heart. He had the experience and contacts to operate a restaurant, and he was optimistic about a restaurant in the city. He decided to take another chance. But he was worried that Wu Liyun would make trouble again, so he found Wu Liyuns relatives and friends and asked them to work. He said that he would return half of the private house money to Wu Liyun when the restaurant business was better. In fact, Wu Liyun is not short of money. Her real idea is not to ask Xu Renqing for the private house money, but to let Xu Renqing run into a wall everywhere and run out of money. If Liu Xiaolan still keeps up with him, it will be strange if he doesnt come back to her! Therefore, Wu Liyun said to his relatives and friends, if I dont pay back my money, I want to open a restaurant, no way!! No matter what he will do in the future, I will make a big difference to him. Xu Renqing was so angry that he couldnt speak for a long time. Of course, Xu Renqing couldnt guess Wu Liyuns real purpose. He thought that Wu Liyun was forcing him to die, so he decided to fight back.
On July 24, 2006, Xu Renqing filed a lawsuit against Wu Liyun. His company is closed, he said in the complaint
The loss of 120000 yuan caused by the bankruptcy was entirely due to Wu Liyuns noisy harassment in the company. As a result of Wu Liyuns behavior, the rent and decoration fees paid by herself have also been lost. He asked the court to judge Wu Liyun to compensate him for the rent, decoration cost and economic loss of 150000 yuan.
On the morning of August 29th, the court heard the case in public. When Xu Renqing read out the indictment, unexpectedly, Wu Liyun filed a counterclaim in court against Xu Renqing for secretly saving his private house money. When Xu Renqing and I got married, they were penniless due to their business failure. After marriage, I and he accumulated some money in the process of running a restaurant. However, due to Xu Renqings fault at the time of divorce, when the court decided to divide the husband and wifes common property, it only gave him a subsidy of 1000 yuan for living difficulties. So, where does Xu Renqings capital come from? This only shows that before Xu Renqing and I got divorced, he had secretly deposited a sum of private house money behind my back. At the time of divorce, Xu Renqing concealed the private house money, which was not included in the husband and wifes common property for division. I ask that all the money be mine. Then, Wu Liyun handed Xu Renqings note to her as evidence of the fact that he admitted that he had secretly deposited the house money to the judge.
Wu Liyuns counterclaim not only surprised Xu Renqing, but also made the judge difficult. Although Wu Liyun has acknowledged the fact that he repeatedly harassed Xu Renqing company, he shall compensate for the loss caused by Xu Renqing in a certain amount according to law. However, the premise for Xu Renqing to get compensation is to have ownership of the loss. Now Wu Liyuns counterclaim just proves that Xu Renqings lost capital is a common property that has not been divided according to law during the existence of the husband wife relationship. According to Article 47 of the marriage law, Wu Liyun can sue for property within two years after divorce, so Wu Liyuns counterclaim is established according to law.
In the afternoon, the two cases were held together for further trial. Because Xu Renqing has written down the fund and loss of his companys establishment in the complaint, when the judge asked him whether Wu Liyuns lawsuit was real-time, Xu Renqing could not deny it, so he had to admit the fact that he had deposited private house money with Wu Liyun on his back and started the company with this money in court. But Xu Renqing put forward: Although I was at fault when I divorced Wu Liyun, the private house money was different from the common property that had been divided. Some of the money was old accounts collected by Wu Liyun personally but not recovered. They had to come back after thinking a lot of ways, and they paid their own labor. Some of them worked in the temporary work office overload during the normal rest time Income earned. The most important thing is that the 500000 yuan in my hand is earned from the original private house money by lending and buying facade investment. This value-added part should be counted as my personal property. Therefore, the court is requested to consider my larger share in the division.
The dispute between the two sides over the ownership of the private house money is extremely fierce. Due to the different purposes and differences between the two sides, the court was unable to preside over the mediation and decided to choose a time for sentencing.
Li Yun should be liable for the damage she caused. However, the occurrence of tort is caused by Xu Renqings concealment of the husband and wifes common property. Concealing the husband and wifes common property is also an illegal act. Therefore, Xu Renqing should also bear certain fault liability for the consequences of tort damage. More importantly, the case is related to Wu Liyun v. Xu Renqings case of dividing husband and wifes common property. The case of joint property division is the premise of the case of tort compensation. This is because the 500000 yuan of private house money possessed by Xu Renqing is retained during the existence of the husband and wife relationship. During the existence of the marriage relationship, no matter who obtains the legal property in any way, if there is no special agreement, it belongs to the joint property of the husband and wife. Therefore, Xu Renqing believes that the value-added part of private house money belongs to personal property because of the labor cost he has paid, which has no legal basis. Due to the concealment of the private house money by Xu Renqing when the two divorced, the court did not divide the common property when dealing with the case, so in order to solve the infringement dispute, we must first divide the private house money reasonably.
According to the provisions of the law, Xu Renqing secretly deposits the private house money and conceals the common property. When dividing up, Xu Renqing can be divided less or not according to the law. However, in view of the actual situation of Xu Renqings marriage with Wu Liyun, and the special way in which Xu Renqings private house money was generated, at the same time, when the two divorced, the court had punished Xu Renqings fault liability, and Xu Renqing did not get the share of other common property. Therefore, when dividing the property, we can consider that Xu Renqings share is equal to Wu Liyuns share.
Marriage shows the emergence of a new economic community, while divorce declares the dissolution of the economic community. In case of divorce, the joint property of the husband and wife shall be divided according to law. According to the marriage law of China, the joint property of husband and wife refers to the property acquired during the period of marriage. The property system of husband and wife implements the joint ownership system, which does not consider the contribution of each party to the property or the income. In principle, the joint property of husband and wife is generally divided equally in divorce.
In order to avoid the damage to the property rights of one party of the husband and wife and punish the party who has unjustly benefited, Article 47 of the revised Marriage Law stipulates: in the event of divorce, if one party conceals, transfers, sells or destroys the joint property of the husband and wife, or forges debts in an attempt to occupy the property of the other party, when dividing the joint property of the husband and wife, the party who conceals, transfers or destroys the joint property of the husband and wife or forges debts shall be punished , can be less or no points. After divorce, if the other party finds any of the above-mentioned acts, he may file a lawsuit with the peoples court to request the division of the joint property of the husband and wife again. Article 31 of the interpretation of the Supreme Peoples Court on Several Issues concerning the application of the marriage law of the peoples Republic of China (I) stipulates that: the limitation of action for the parties to file a lawsuit to the peoples court in accordance with Article 47 of the marriage law, and for the parties to request the re division of the joint property of husband and wife, shall be two years, counting from the date of discovery of the parties.
It is worth mentioning that in order to better protect their legitimate rights and interests, if they know that the other party intentionally conceals, transfers, damages and other malicious acts against the common property of the husband and wife when they file the divorce, they can apply to the court for litigation preservation in time according to law, which can effectively prevent the loss of the common property, and is also conducive to the execution of the judgment in the future.