Add Bookmark | Recommend this book | Back to the book page | My bookshelf | Mobile Reading

Free Web Novel,Novel online - All in hlnovel.com -> Prose -> Hello Miss Lawyer

Chapter 297: An agreement full of tricks (1)

Previous page        Return to Catalog        Next page

    ?

    With a slight smile, Lin Ziyao motioned Ke Ji to continue.

    "My friend and her husband have two houses under their name. One was purchased by the husband with full capital before marriage and registered in the husband's name, and the other was purchased by them after marriage without a loan and registered in the name of their husband and wife. The preceding paragraph  At that time, my friend's husband proposed to buy another house, but because they restricted the purchase, the husband proposed a fake divorce and remarried after buying the house. I, no, no, my friend was not sure, so I wanted to ask this question  Is there any risk in such an operation?" Ke Ji said.

    Lin Ziyao thought for a while and said, "Ms. Ke, there is no such thing as fake divorce in the law. If both parties divorce voluntarily, legally, the marriage relationship is dissolved."

    How many people "fake divorce" in order to take advantage of all kinds of loopholes, but in the end they were forced to become "real divorce".

    Ke Ji bit her lip and nodded thoughtfully.

    Shen Xianyun kept his eyes on his nose, his nose and his heart, and never said a word.

    The "friend" Ke Ji refers to is actually herself. She has been married to her husband Wang Tao for ten years. They have a very close relationship and have a son, Duoduo, who is 5 years old. After the second-child policy was lifted, Wang Tao proposed to have another child.  Ji Xinran agreed, but Wang Tao said that the three-bedroom house the family of three lived in was the three-bedroom house they bought when they got married.  When Ke Ji thought about it, she also felt that what Wang Tao said was reasonable.

    Ke Ji smiled. She still has confidence in Wang Tao. She often saw news of fake divorces turning into real divorces on the TV news. How about people with good relationships who dare to fake divorces.

    "Lawyer Lin, my friend's husband has drawn up a divorce agreement. Please take a look. In this case, can they buy a house smoothly?" Ke Ji handed the divorce agreement to Lin Ziyao.

    "I'll take a look at the agreement first, the two of you sit down for a while." Lin Ziyao said.

    The divorce agreement is not complicated, and mainly involves the following clauses: 1. The real estate a purchased by the husband before marriage shall be owned by the wife; 2. The real estate b purchased jointly by the two after marriage shall be owned by the husband; 3. The legitimate child shall be brought up by the wife  , the husband pays 1,000 yuan a month for child support until the child is 18 years old; 4. Other movable properties under the personal names of both parties, including but not limited to deposits, insurance, and stocks, are owned by the individual and will not be divided as the joint property of the husband and wife; 5. Divorce  Which clause of the agreement is invalid or revoked will not affect the legal effect of other clauses; 6. Both parties promise that they will not borrow external debts during the existence of the husband-wife relationship.

    Lin Ziyao looked at this property division agreement, and it was really full of pitfalls!  But seeing Ke Ji's confidence in her husband, Lin Ziyao couldn't bear to beat her.

    Shen Xianyun said: "How about it, Lawyer Xiaolin, my sister won't suffer from this agreement."

    Ke Ji glanced at Shen Xianyun, and Shen Xianyun immediately knew that she had made a slip of the tongue, and immediately said: "I know this sister, Ke Ji."

    Lin Ziyao nodded with a smile, pretending not to notice.

    Lin Ziyao took a deep breath and said, "Ms. Ke, was this agreement drafted by your friend's husband, or was it the result of joint discussions between their husband and wife?"

    Lin Ziyao felt that he couldn't turn his head when he spoke and tongue twisted.

    Ke Ji was taken aback, and replied: "It was proposed by the husband. Although the value of property a is not as high as that of property b, the custody of the child belongs to the woman, and the chattels under their respective names are also of similar value, so the woman also  agreed."

    It was really sold and helped to count the money!

    But Lin Ziyao didn't want to think too badly of people.

    Lin Ziyao said with a modest smile, "Ms. Ke, from a legal point of view, I would like to make some suggestions to your friend. Please consider and see if it is appropriate."

    Ke Ji sat upright, as if listening attentively.

    Lin Ziyao said slowly: "I personally suggest that house b should be owned by the woman. Since house a is the man's personal pre-marital property, it is more convenient for him to own it."

    Ke Ji smiled and said: "You may not have understood, they made such an agreement because they wanted to enjoy the discount for the first suite."

    Of course Lin Ziyao understood that the Ke Ji couple wanted to make a time difference. The two parties divorced first, and Ke Ji's name was removed from the joint property b, and the property a was not registered with Ms. Ke first.  There is no real estate under her name, so she can enjoy the preferential policy for the first house when she buys a new real estate. Then, when the two parties remarry, the couple can realize the purpose of purchasing an additional real estate.  But this is the ideal situation that Ms. Ke envisions.

    But if the situation does not develop according to Ms. Ke Ji's idea, Ms. Ke will be out of money and life.

    Lin ZiyaoShe explained: "Ms. Ke, what I said next may be a bit impolite, please forgive me, I just analyzed the legal risks of this agreement to you, and you and your friends should judge the specific situation."

    Ke Ji was a little impatient, and hurriedly said, "Say it."

    Shen Xianyun, who was sitting on the side, frowned slightly.

    Lin Ziyao said: "This is how I understand this agreement. On the surface, the total value of the property shared by the husband and wife is about the same. Moreover, in order to reassure the wife, the husband will return the custody of the child to the wife.  Is that so?"

    Ke Ji nodded, agreeing with Lin Ziyao's deduction.

    Wang Tao loved their son Duoduo the most, and it was because Wang Tao gave up the custody of his son Duoduo that Ke Ji's confidence was strengthened.

    "Let's talk about the real estate part first, that is, the two houses. The b real estate belongs to the joint property of the husband and wife. The division in the divorce agreement is the disposition of the joint property of the husband and wife, and the division of the joint property of the husband and wife is based on the dissolution of the personal relationship between the husband and wife.  It is a premise, so it cannot be revoked unless there are special circumstances, that is, after your friend and husband agree to divorce, real estate b belongs to Mr. Wang personally."

    Ke Ji nodded knowingly.

    Lin Ziyao went on to say, "However, real estate a belongs to the husband's personal property before marriage. Strictly speaking, this clause is a gift clause, not a division of the joint property of the husband and wife. Article 6 of "Marriage Law Interpretation (3)" stipulates:  Or during the continuation of the marriage relationship, if the parties agree to donate the real estate owned by one party to the other party, and the donating party revokes the gift before the registration of the change of the donated real estate, and the other party requests an order to continue the performance, the people's court may, in accordance with Article 186 of the Contract Law  Article 186 of the "Contract Law" stipulates: The donor may revoke the gift before the transfer of the right to the donated property. A gift contract with the nature of social welfare and moral obligations such as disaster relief and poverty alleviation, or a notarized gift contract  , the preceding paragraph does not apply.¡± (Remember the website website: www.hlnovel.com
Didn't finish reading? Add this book to your favoritesI'm a member and bookmarked this chapterCopy the address of this book and recommend it to your friends for pointsChapter error? Click here to report