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A four-story home, was suddenly seized by the court, so Mr. Ruan "Yet something Mobuzhaotou." Can be more surprising is that three months later, he also received a "notice of hearing." Usually no disputes with others, but why lawsuits
Licheng court hearing that Mr. Ruan family of this building real estate, during the existence of the marital relationship that he and Lin, property by "New, inheritance,http://wdsl.cgz-invest.com/forum/forum.php?mod=viewthread&tid=5694518, gift, analyze, change" made, although registered in Ruan name, but still a common property, and 2 at the time of divorce is not common property is divided on this. Thus, creditors can sue on behalf of Lin, requires the division of property.
The house is still owned by her ex-husband but need to compensate ex-wife 210,000
Licheng Court accepted the case, Lin subsequently be appended to the court as a defendant, the two sides subsequently court.
"Regulations" fourteen first paragraph, of the debtor and others shared property, the court may seal up, detain, freeze, and inform tenants; the third paragraph, the analysis of production co-owner filed a suit or applying for enforcement subrogation lawsuit filed analysis of production, the people's court should be permitted.
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To this end, Mr. Ruan Executive objection to the court, but was rejected. Leaving Mr. Ruan think that three months later, he suddenly received a court notice: tell him, Chen was actually borrow money to his ex-wife. It turned out that his ex-wife Lin Chen owed 470,000 yuan is not yet, to court, the court Lin repayment interest. Since Lin has not yet arrears Chen This will be Mr. Ruan court.
"Such cases also the first case in Licheng,http://www.hzcard123.com/forum.php?mod=viewthread&tid=472769, Chen filed subrogation litigation analysis of production,http://www.51yam.com/home.php?mod=spacecp&ac=blog&blogid=, based on the Supreme People's Court on the" People's Court Civil Enforcement seizure, seizure,http://bbs.shituzhaopin.com/forum.php?mod=viewthread&tid=265598, freezing of property provisions. "This provision, to help solve a court execution problem. "Yesterday, Licheng Court Civil Chamber Wenfang said the Article 14 in the form of judicial interpretation of the creation of a new type of litigation is the enforcement of the creditor (applicant for enforcement) subrogation analysis of production of the complaint.
In court, Mr Nguyen's attorney that the house is the ancestral heritage property, but before the divorce agreement belong Ruan individuals. At the same time, he also took out a notarized inheritance, property description this building is the legacy of his father Mr. Ruan. Since July 1993, Nguyen's ex-wife Lin has no rights to the building housing. Even so,http://w911.cn/forum.php?mod=viewthread&tid=940105, even if the house is community property, but under the law, the parties request the division of matrimonial property statute of limitations is two years.
Former husband and wife on the same "front"
During the trial, the plaintiff Chen in addition to stick to their point of view, but also apply to the court to entrust the real estate assessment agencies to assess the value of this building property,http://bbs.liuxue86.com/forum.php?mod=viewthread&tid=108209, last valued at more than 420,000 yuan.
□ judge interpretation
The ex-wife Lin also appoint a lawyer to appear in court, opinion is also standing in the ex-husband's side. I'm a party's point of view, this building is the personal property of her ex-husband's estate, not matrimonial. In 1993, the two sides prepared to divorce, they agreed that all property owned by Mr. Ruan. Therefore, Chen did not qualify mention of subrogation.
Back huge debts for the woman sued her ex-husband owe
Analysis of production subrogation litigation
Newspaper reporter Wei Liujing
October 28 Licheng District Court
After the verdict, Mr. Ruan,hogan outlet roma, appeal to the Quanzhou Intermediate People's Court. Recently, the Quanzhou Intermediate People's Court of second instance upheld the conviction.
 ,piumini peuterey;
It turned out that his ex-wife Lin owed a huge debt of a sum of 470,nike tn femme pas cher,000 yuan, but insolvent. Creditors will take him to court However, Mr. Ruan and Lin have been divorced for 16 years, why let him pay off debts
Given the real estate registration in the name of Mr. Ruan and its management and use, in favor of the court from the perspective of protecting the interests of creditors, made a verdict. The verdict is that the house is still owned by Ruan all, but to come up with half Ruan discount compensate Lin housing assessment of the total amount, which is more than 210,000 yuan.
Chen creditors reason: although Ruan was divorced in 1993 and Lin, but the name of the building, is the common property of the husband and wife relationship exists between the two periods, when the couple divorced and had,jordan pas cher, nor for this property split, so he filed a subrogation action --- that Chen Lin and her ex-husband on behalf of Mr. Ruan to split the property share belongs Lin, 16 years after the "re-separation."
Mr. Ruan, who lives in Quanzhou, last June, his name is a four-story house was sealed by the court. Subsequently, he learned from the court, "calamity" because of a debt owed to his ex-wife caused. But he and his ex-wife has been divorced for 16 years, but the house and the wife simply does not matter.
Licheng court held that this building is the property Ruan Lin during the marital relationship and the presence of the "New, inheritance, gift, analyze, change" acquired property, houses during the two defendants of marriage registration in Mr. Ruan name,louboutin pas cher, Mr Yuen while providing inheritance notary, but can not prove this building property is personal property Ruan as the husband made. Therefore, this building should be recognized as the property the couple husband and wife accused of common property during the existence. The two defendants did not at the time of divorce property division of this total. Therefore, Chen as applying for enforcement under the law on behalf of Lin may sue for division of property. |
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發表於 2015-7-6 14:14:11
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