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1. Direct concealment
Bank deposits, real estate accumulation fund , stocks, funds, bonds, etc. Without the knowledge of one party, the other party often conceals, refuses to declare or inform its own property status, which makes the other party unable to divide Conjugal property 。
2. Private transfer
Transferring various assets without the consent of the spouse, including:
(1) Transfer of deposits: if the bank deposits or stock account funds under one's own name are withdrawn or transferred to another's name in different amounts within a certain period of time in the form of one time or several times, resulting in divorce At that time, there was no bank deposit to share.
(2) False transfer: there is no actual transaction or donation relationship, and colluded with others, including the transfer of real estate, company shares, vehicles, etc. to a third person (the third person is usually a relative or friend), who is the nominal owner, but in fact the ownership and control are still in their own, making it impossible for the spouse to divide the property.
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What are the types of common property after marriage?
new Marriage Law Article 17 stipulates that the following property acquired by the husband and wife during the duration of the marriage relationship shall belong to the joint property of the husband and wife:
1、 wages , bonus.
The "wages and bonuses" here should be understood in a broad sense, generally referring to wage income. At present, the basic wages of employees in China are only a part of personal income. In addition to the basic wages, there are various forms of subsidies, bonuses, benefits, and even a certain range of physical distribution, which together constitute the personal income of employees. Of course, in some modern enterprises or foreign enterprise There is also a certain proportion of high wages, high incomes, and even annual salaries, stock options, etc. These incomes are wage income and belong to the scope of common property of husband and wife.
2. Income from production and operation.
The "income from production and operation" here includes not only the income from production and labor of farmers, but also the income from production and operation of industries such as industry, service industry and information industry.
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In some post marital relationships, due to various conditions, both husband and wife sometimes still receive financial support from their parents, so how to divide the money given by parents in the common property after marriage has become an important issue. It is also planned into the joint property distribution of the husband and wife. Let's have a look at it together Common property after marriage Do parents' money count as common property ？
Joint property after marriage Do parents' money count as joint property?
1. If yes Legal succession The inheritance obtained belongs to the joint property of husband and wife;
2. If based on Testamentary succession The inheritance obtained is personal property;
3. Legal basis:
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1、 What is the principle of division of common property after divorce
In principle, after divorce, the common property of the husband and wife is divided equally, that is, both husband and wife share half of it. In special cases, it may be different. These differences, in fact, are also reflected in the principles that the court should follow when making decisions. Mainly:
1. The principle of equality between men and women. Both men and women have equal rights and obligations, which will not be different because who makes more money. Therefore, at the time of divorce, both men and women have the right to divide the common property and have equal rights to deal with the common property.
2. The principle of caring for the innocent party. If the divorce is caused by the fault of one of the husband and wife, such as bigamy, cohabitation with others, domestic violence, etc., which is clearly stipulated by the law, the court will give full consideration to this situation when deciding to divide the joint property, properly take care of the innocent party, and distribute more property to that party. However, the party at fault can still be allocated property to ensure the maintenance of the most basic living standard.
3. The principle of caring for children and women's interests. If the family has children, the court will pay attention to the impact and protection of children when making a judgment in consideration of the protection of minor children. In addition, because the woman in the marriage is in a disadvantaged position in reality for various reasons, the court will also take this into account when making decisions and give appropriate help.
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Encyclopedia of common property after marriage
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The marriage law of our country has made clear provisions on divorce property distribution, but many people in life are not clear about the provisions on divorce property distribution, so many couples want to know what the provisions on divorce property distribution are
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Divorce property division is a registration procedure in which the husband and wife transfer their share of the house after divorce. So, how to handle the divorce and property division procedures? How to carry out divorce and property division registration? After divorce, how
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Premarital property refers to the property acquired by one spouse before marriage. The premarital property of one spouse, whether movable or immovable, tangible or intangible, is subject to the law as long as it is legally acquired
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Consultation on joint property after marriage
Lawyer of Lvtu Chengkou County Recent reply:
Resolution: The criteria for filing a case are as follows: the subject of the suspected corruption/embezzlement crime (such as the crime of misappropriation of public funds) must be the management personnel in the company, enterprise, public institution or other organization performing official duties, not ordinary employees or employees' families. These people must take advantage of their positions to illegally take their own financial assets, and the amount involved must exceed 5000 yuan, but not more than 10000 yuan, before they can be recognized as criminal offences, which is commonly referred to as "the amount involved>5000 yuan and<10000 yuan". For such criminal acts, the judicial organ will file a case for investigation and investigate its legal responsibility. Those who commit the crime of embezzlement or misappropriation of public funds and are involved in a large amount of money in companies, enterprises, institutions or other organizations will face severe punishment of not more than five years of fixed-term imprisonment or criminal detention. If the amount involved is huge, he may be sentenced to more than five years' imprisonment, and may also be deprived of his personal property as a punishment. Legal basis: Article 271 of the Criminal Law Any employee of a company, enterprise or other unit who, taking advantage of his position, illegally takes possession of the property of his unit, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than five years and may also be sentenced to confiscation of property. If a person who is engaged in public service in a State owned company, enterprise or other State owned unit or a person who is assigned by a State owned company, enterprise or other State owned unit to a company, enterprise or other unit that is not owned by the State to engage in public service commits the act mentioned in the preceding paragraph, he shall be convicted and punished in accordance with the provisions of Articles 382 and 383 of this Law.
Lawyer of Lvtu Shigatse Recent reply:
Resolution: If financial service practitioners are involved in criminal acts and are required to obtain a guarantor pending trial, they must meet the following conditions before they can be approved: Firstly, they are in good physical and mental condition, secondly, they are non ringleaders, and thirdly, they are determined to accept the investigation and trial of the judicial organ, and they will not have any intention to destroy evidence or make false confessions. In this case, the family members of the financial service practitioners or the defense lawyers employed have the right to submit the application for obtaining a guarantor pending trial to the local court or procuratorial organ, and at the same time, they need to provide a certain amount of security deposit or guarantor as a guarantee. After an in-depth review of the relevant case by the court or the procuratorial organ, it will decide whether to approve the application according to the actual situation. Legal basis: Article 67 of the Criminal Procedure Law of the People's Republic of China The People's Court, the People's Procuratorate and the public security organ may obtain a guarantor pending trial for a criminal suspect or defendant under any of the following circumstances （1） Those who may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment; （2） It may be sentenced to fixed-term imprisonment or more, and the adoption of guarantor pending trial will not cause social danger; （3） A woman who suffers from a serious disease, cannot take care of herself, is pregnant or breast-feeding her own baby, and takes a guarantor pending trial, which will not cause social danger; （4） When the term of custody expires, the case has not been completed and it is necessary to obtain a guarantor pending trial.
Lawyer of Land Requisition and Demolition Lawyer Group Recent reply:
Resolution: 1. Under normal circumstances, according to laws and regulations, if you are detained for about seven months, you may face a sentence. However, since various variables may occur during the detention period, it is not possible to give an exact time range from detention to sentencing. This mainly depends on the progress of the public security organs and the People's Procuratorate in the investigation process, as well as the tedious details and various factors involved in the case itself. If the public security organ deems it necessary to arrest a detainee, it shall, within three days after the detention, request the People's Procuratorate to review and approve the detention; In case of special circumstances, the approval time can be extended by one to four days. For those major suspects who commit crimes from place to place, repeatedly or in groups, the time for examination and approval can be extended to 30 days. The People's Procuratorate shall, within seven days after receiving the application for approval of arrest submitted by the public security organ, make a decision on whether to approve or disapprove the arrest. If the People's Procuratorate does not approve the arrest, the public security organ shall release the relevant personnel immediately after receiving the notice, and inform the People's Procuratorate of the implementation in a timely manner. If further investigation is needed and the conditions for obtaining a guarantor pending trial and residential surveillance are met, corresponding measures shall be taken according to law. Legal basis: Article 264 of the Criminal Law [Theft] Whoever steals a large amount of public or private property, or repeatedly steals, enters the house to steal, or steals with lethal weapons, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined; If the amount is especially huge or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined or sentenced to confiscation of property.
Lawyer in Taipei Recent reply:
Resolution: The joint crime of robbery refers to the act of robbery committed jointly by two or more people. In China's applicable criminal law system, the relevant provisions on joint crime are mainly defined in Article 25 of the Criminal Law of the People's Republic of China. According to this rule, joint crime means that the criminal act between two or more parties is based on the common will and intention. This means that if there are multiple participants who plan and implement robbery together, although their specific behaviors may be different, as long as they all have common criminal intentions and take practical actions, they may be judged as joint criminals of robbery, They need to bear the corresponding criminal responsibility for their roles in the criminal process. Legal basis: Article 25 of the Criminal Law of the People's Republic of China refers to a joint intentional crime committed by two or more persons.
Lawyer of Lututa City Recent reply:
Resolution: In the process of handling cases of intentional damage to property, according to relevant laws and regulations, the term of criminal detention should not actually exceed 37 days; If the case is simple and clear, the public security organ shall apply for arrest within three working days after the criminal detention. However, it should be noted that in the actual implementation process of most criminal cases, it is very common to extend to 37 days. However, as long as the perpetrator constitutes the crime of intentional damage to property, he will bear the corresponding criminal responsibility and face criminal punishment. Legal basis: Article 61 of the Criminal Procedure Law The testimony of the witness must be cross examined and verified by the public prosecutor, the victim, the defendant and the defender in court before it can be used as the basis for deciding a case. When the court finds out that a witness intentionally gives false evidence or conceals criminal evidence, it shall deal with it according to law.
