Who is in charge of the disposal of family property?

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 Who is in charge of the disposal of family property?


Both husband and wife have equal rights to occupy, use, profit from and dispose of their joint property. Any lawful disposition of the property by either party has legal effect on the outside world, which is regarded as the joint disposition of the husband and wife.

It can be divided into the following situations:

01

Due to the needs of daily life

Case study:

Xiaobai and Xiaohe are a newly married couple. His wife Xiaohe went shopping at the weekend and bought a cashmere coat on the spot. When his colleague got married, Xiaobai paid a red envelope of 1000 yuan. On the Chinese New Years day, Xiaohe bought a new set of sofa for his family. In order to celebrate his wedding anniversary, Xiaobai secretly decided to take a six-day tour of Hainan Shuangfei to give his wife and son a surprise.

Lawyer comments:

All of the above are effective disposition of property.

Both husband and wife have equal rights to deal with the joint property, but it does not mean that any disposal of the joint property must be agreed by the other party. Both husband and wife have the right to arrange daily expenses according to their living needs. When arranging, they should make reasonable consumption expenditure according to the familys economic conditions.

Due to the fact that the current law does not clearly define the needs of daily life, the judge is given certain discretion in reality. The specific situation is analyzed and the comprehensive identification is made according to the income level and economic status of each family.

02

The joint property of the couple

Both husband and wife shall negotiate equally

Case 1:

Lawyer comments:

Xiao Zhangs claim for damages has no legal basis and should be rejected; however, Xiao Lis practice is not worth advocating.

In this case, Xiao Li used the common property of husband and wife to purchase high-grade consumer goods, which exceeded the familys economic capacity, and belonged to the unreasonable expenditure of abusing the common property of husband and wife, which had an adverse impact on the normal life of the family, and violated Xiao Zhangs equal right to deal with the property jointly owned by husband and wife. However, based on the special status of husband and wife, this situation is still based on the principle of mediation in judicial practice, which does not apply to the legal provisions of civil tort.

Article 4 of the interpretation of the marriage law (3) stipulates: during the existence of the marriage relationship, the peoples court will not support the request of one of the husband and wife to divide the common property, except for the following major reasons which do not harm the interests of creditors: (1) one party has concealed, transferred, sold off, damaged, squandered the joint property of husband and wife, or forged the joint debt of husband and wife, which seriously damaged the joint property of husband and wife Property interest behavior. uff082uff09 A person who has a legal obligation to support a person suffering from a serious disease and needs medical treatment, and the other party does not agree to pay the relevant medical expenses.

If Xiao Lis Shopaholic behavior is really serious enough to make the couples property exhausted, Xiao Zhang can sue for the division of the couples joint property within marriage.

Case 2:

Xiao Song and Xiao Qin are husband and wife. They have a set of idle house which is rented to Lao Zhang. At the end of the lease, Lao Zhang went to Xiaosong and asked him to sell the house to him at a higher price. Xiaosong thought that the house property appreciation space is very big, declined politely. Seeing that Xiao Song disagreed, Lao Zhang turned to persuade Xiao Qin. Xiao Qin couldnt stand Lao Zhangs hard and soft advice and the temptation of higher house prices, so he sold his house to Lao Zhang on his back.

When the lease term arrived, Xiao Song urged Lao Zhang to vacate his house before he knew the truth. Lao Zhang said that he had already reached a housing sales contract with Xiaoqin, clearing both the money and the house, and handling the transfer procedures. The house is now owned by himself and no one can interfere.

Lawyer comments:

The house is the joint property of Xiaosong and Xiaoqin. Each co owner has equal rights and obligations to the joint property. Xiaoqin has no right to sell the house unilaterally.

From the perspective of encouraging and protecting the transaction and protecting the third party who obtained in good faith and with compensation, the court generally does not regard the contract as invalid. Article 11 of the interpretation of the marriage law (3) stipulates that if one party sells the house jointly owned by the husband and wife without the consent of the other party, the third party purchases in good faith, pays reasonable consideration and goes through the property right registration procedures, and the other party claims to recover the house, the peoples court will not support it.

However, the buyer in this case, Lao Zhang, is not in line with the above situation. He knew that the house was the common property of Xiaoqin and Xiaoqin, and that Xiaosong was against the sale of the property. He still signed a house sale contract with Xiaoqin on his back.

Although Lao Zhang has already paid the price, it is not a bona fide acquisition. Even if he has gone through the procedures of house transfer, he still can not get legal protection. Therefore, the house sale contract between Lao Zhang and Xiao Qin is invalid. Lao Zhang should return the house and Xiao Qin should return the house money.

03

For the other spouse who suffered a loss

We can seek legal support and protection

Case 1:

Xiao Zhao and Xiao Jia have been married for 10 years, and their relationship is gradually flat. In the process of work, her husband, Xiao Zhao, got to know an intern from the unit. They had a good feeling for each other and eventually developed into a couple relationship. For the beauty of a smile, Xiao Zhao paid for the interns to buy a BMW car.

Lawyer comments:

The spouse has reason to ask the donee to return the donated property in order to safeguard his legal rights and interests.

Case 2:

The marriage of Xiao Wu and Xiao Liu came to an end because of their broken feelings, but they could not reach an agreement on the distribution of property. After several rounds of negotiations, Xiaowu lost confidence in the negotiations and began to dispose of his property without authorization. For example, private purchase of real estate, no mention of divorce; unauthorized transfer of the common property to someone elses name, and then claim that the sale money has been exhausted; or use the joint property of the husband and wife, buy the house directly in the name of others; take out the deposit, sell the stock, cash out, and deposit it into a new private bank account, claiming that the deposit has been used for daily consumption; and so on.

Lawyer comments:

When one party conceals, transfers, sells or damages the common property, how should the party whose interests are damaged save itself? Generally speaking, if you suspect that the other party has another property, you should pay attention to the other partys ticket or deposit records to see whether there is a large amount of payment and whether there are significant financial expenditures or abnormalities during the period of the couples conflict; check whether the other partys parents, relatives and friends suddenly purchase real estate; pay attention to the collection and custody of the invoices of valuables in the home.

Article 47 of the marriage law stipulates: in case of divorce, if one party conceals, transfers, sells off or damages the common property of husband and wife, or forges debts in an attempt to occupy the property of the other party, the party who conceals, transfers, sells off or damages the joint property of husband and wife or forges debts may have less or no share in the division.

After divorce, if the other party discovers any of the above-mentioned acts, it may bring a lawsuit to the peoples court and request for further division of the husband and wifes joint property. . Therefore, there are three ways to protect the unauthorized disposition of property by the other party during divorce

First, according to the provisions of Article 4 of the interpretation of marriage law (3), the author requests that the joint property be divided without divorce;

The second is to file a divorce lawsuit, which requires full or multiple points when dividing the common property;

The third is to file a lawsuit for property disputes after divorce, which requires the division of the common property of husband and wife that is hidden, transferred, sold and damaged by the other party only after divorce.