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Post time: 2014-10-15 22:04:23
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Newspaper reporter Wei Liujing,hogan outlet roma
October 28 Licheng District Court
Home building four-story house, was suddenly seized by the court, so Mr. Ruan "Zhangerhushang Mobuzhuotou." May be even more surprising is that three months later, he also received a "notice of hearing." Usually no disputes with others,hogan outlet, but why lawsuits?
It turned out that his ex-wife Lin owed a huge debt sum of 470,000 yuan, but unable to pay. Creditors will him to court? However, Mr. Ruan and Lin have been divorced for 16 years, why let him pay off debts?
Licheng court hearing that Mr. Ruan home this building real estate, he and Lin during the existence of marital relationship, the property through the "New, inheritance, gift, analysis, change" has made,hogan offerta,http://sousuo001.com.h001.165web.cn/zhidao/question.php?qid=263550, although registered in the name of Mr Yuen, but still belong to the common property, and the two did not at the time of the divorce property division of this total. Therefore, the creditor can sue on behalf of Lin, requires the division of property.
Owe a huge debt sued for back female ex-husband
Yuen, who lives in Quanzhou, last June,prezzo scarpe hogan, his name has been sealed by the court building four-story house. Subsequently, he learned from the court, "calamity" is the result of a debt owed his ex-wife caused. But he and his ex-wife had divorced 16 years, and the house and his ex-wife simply does not matter.
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: sue him, Chen was actually borrow money to his ex-wife. It turned out that his ex-wife Lin Chen owed 470,000 yuan outstanding, to court, the court Lin interest repayments. Lin has not been due to the amount owed, Chen That would Yuen court.
Chen creditors reason: While Mr. Ruan has been and Lin divorced in 1993, but the building name, is the common property of husband and wife relationship exists between the two periods,outlet moncler milano, when the couple divorced, and had, nor for this property split, so he filed a subrogation action --- that Chen Lin and her ex-husband to be on behalf of the estate is divided Yuen Lin shares belong,moncler sito ufficiale,http://www.9494.net/home.php?mod=space&uid=608222, 16 years after the "re-separation."
Former husband and wife on the same "front"
Licheng Court accepted the case, the court Lin subsequently been added as a defendant,http://www.1luxiangbei.com/bbs/forum.php?mod=viewthread&tid=7643935&extra=, the two sides subsequently court.
In court, Mr Nguyen's attorney believes that this house is the ancestral heritage property, but before the divorce agreement by individuals belonging to Mr. Ruan. He also took out a notarized inheritance rights, property description this building is the legacy of his father Mr. Ruan. Since July 1993, Nguyen's ex-wife Lin has no right to this building houses. Even so, even if this house is the common property, but under the law, a party's request for division of matrimonial property is a two-year statute of limitations.
The ex-wife Lin also appoint a lawyer to appear in court the same opinion stood ex-husband's side. Lin party's view is that this building is the personal property of her ex-husband's estate, not the couple shared. When in 1993 the two sides prepare to divorce, they agreed that all the property owned by Mr. Ruan. Therefore, Chen did not qualify mention of subrogation.
During the trial, the plaintiff Chen in addition to stick to their point of view, but also apply to the court commissioned real estate appraisal agencies to assess the value of the property this building,moncler official, and finally valued at more than 420,000 yuan.
House remain with her ex-husband but need to compensate ex-210000
Licheng court hearing that this building and the property is Yuen Lin during the existence of marital relationship, through the "New,woolrich parka, inheritance, gift, analysis, change" acquired property, houses two defendants during the marital relationship continues to be registered in Yuen name, Yuen while providing notary inheritance rights, but can not prove this building property is personal property Yuen as the husband made. Therefore,scarpe hogan prezzi, this building real estate should be recognized as husband and wife accused the husband and wife relationship continues to exist during the common property. The two defendants did not at the time of the divorce property division of this total. Therefore, Chen as the application executor, under the law can sue on behalf of Lin, requires the division of property.
In view of the property registered in the name of Mr Yuen 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 Yuen all, but to come up with half of the discount Yuen housing assessment of the total amount of compensation Lin, which is more than 210,000 yuan.
After the verdict, Mr Yuen dissatisfied, appeal to the Quanzhou Intermediate People's Court. Recently, the Quanzhou Intermediate People's Court of second instance upheld the conviction.
□ Judge interpretation
Analysis of production subrogation litigation
"These cases also the first case in Licheng, Chen lawsuit filed subrogation analysis of production, is based on the Supreme People 's Court of Civil Enforcement seizure, seizure, freezing of property provisions." This provision, to help solve a court execution problems. "Yesterday,moncler outlet torino, Licheng court a civil court judge  said the Article 14 in order to create a form of judicial interpretation, a new lawsuit is to enforce the creditor (application executor) subrogation analysis of production of the complaint.
"Regulations" fourteen first paragraph, there were other people on the debtor and the property, the court may seal, seizure,hogan elective, freezing, and promptly notify the tenant; third paragraph,moncler rivenditori, analysis of production co-owners filed a suit or applying for enforcement subrogation lawsuit filed analysis of production, the people's court should be permitted.
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