I was watched by the Internet police during the live broadcast of law popularization?
Chapter 147 Premarital property cannot be divided
Chapter 147 Premarital property cannot be divided
Li Chen couldn't find a suitable way to answer the question of cheating in marriage.
Take opening a room as an example.
My significant other has gone to open a room with someone else, and it takes more than an hour to go in. It can't be really playing two-person poker, right?
But it’s all like this, and it still can’t be used as the main basis for cheating.
As for ordinary people, if you want to obtain the records of two people opening a house, it is really more difficult than reaching the sky.
You said that you need to open the room record when you go to the hotel, and they will definitely not show it to you, because it is personal privacy, and only law enforcement units can get it if they have a task.
If you go to the martial arts association, there is no legitimate reason, and they will not help you.
From the perspective of the judiciary, derailment can be determined based on the intimate relationship with the other half and the opposite sex in public, and such sneak shots can also be admitted as evidence.
And in that kind of situation, only your significant other would have such an operation if you don't want to think about it. Generally, cheating is secret, mainly underground romance, and it is impossible to leave any evidence for you.
Unless the cheating partner is in one's own home, such a photo can be recognized by the court.
"This is probably the main reason why cheating cannot be considered a crime."
Li Chen began to summarize his own case: "On the one hand, cheating is only a minority, and there is no actual harm, it is an emotional dispute.
Another aspect is the issue of evidence collection. In fact, it is a contradiction between laws, and it is also to eliminate some people with illegal intentions who use cheating to commit their own criminal acts. "
If one day, when the proportion of cheating is high and the harm is strong, corresponding laws will definitely be introduced to restrict it.
For example, being cheated on is nothing more than doing something illegal, and there are more and more people like this, so legislators have to pay attention to such issues.
In Li Chen's mind, he also prefers the rule of law, because only the rule of law can truly reduce cheating on such issues.
Moral condemnation is supplemented by legal measures.
Only in this way, those who cheat will focus on their own behavior.
You can get divorced without feelings, this is not a reason for cheating in marriage...
"Okay, let's stop here for the time being. The purpose of my broadcast today is also to remind everyone that when their legal rights are violated, they must take legal means to obtain due compensation. "
I glanced at the bullet screen in the live broadcast room and found that many netizens were asking questions.
After finishing the summary, Li Chen was going to start Lianmei to answer: "As for Zhang San's story, let's talk about it here for the time being, and then we will start Lianmei. Netizens who want to consult can Lianmi with Attorney Li."
After opening the permission, a netizen Lianmai succeeded: "Lawyer Li, can you hear me?"
It's a female netizen.
"Can be heard."
Li Chen smiled and said, "Do you have any questions for consultation?"
"Is such that…"
The female netizen began to talk about her problem.
She is from Nanhe Province and married far away in Sugan Province.
His husband opened a small factory with a monthly salary of 2 yuan. She also has no job and relies on the other party for support.
But since she got married, her husband didn't touch her very much, and there was basically no marital behavior.
Therefore, she suspected that the other party was someone outside.
The purpose of her consultation was also to ask Li Chen if he could get a house after divorce.
"In your situation, it is definitely not possible."
After listening to her introduction, Li Chen began to answer her questions: "Your husband has three houses purchased with full payment, but they were purchased before marriage and belong to pre-marital property.
Only when you buy it after marriage can you own half of the house. "
"Is that so?"
The female netizen also continued to ask after hearing the words: "Then is there any way I can get it, because he is at fault, and he also has an indifferent attitude towards my idea of divorce, saying that the reconciliation will only give me [-]. If you want to sue for divorce, sue for divorce, there must be someone outside."
Li Chen nodded when he heard the words: "If you suspect that the other party is cheating, you can use legal means to prove your judgment."
"I'm back home now."
The female netizen continued to answer after hearing the words: "I don't even show his salary. I feel that there is more than this amount of money every month. I can't accept 10 yuan."
"If you suspect that your husband has concealed his property, you can find a lawyer to intervene, and he will apply to the court for property investigation and liquidate your husband's property to see what is pre-marital property and which is post-marital property.
The property after marriage can be divided reasonably. If it is confirmed that the other party has cheated, you will get about 70.00% of the property after marriage. "
"His factory is opened in partnership with others, and he has no marital property other than the house."
Li Chen nodded after hearing the words: "If this is the case, then I advise you to accept the other party's settlement, if it is really found out that there is no one hundred thousand, then that is the only way to go.
His salary of [-] yuan belongs to the joint property of the husband and wife, that is, half of yours.
As for you, you don’t have a fixed source. If you really want to investigate and come to a conclusion, if the other party has no hidden property, you can only divide the salary, and you will also deduct daily expenses, including the money given to you. In the end, it is very likely It will be less than what the other party promised to give you. "
"I see Lawyer Li, thank you."
Li Chen smiled after hearing the words: "You're welcome."
Netizens in the live broadcast room talked about their thoughts on the female netizen's inquiry:
"I asked if it felt like she just wanted a house?"
"Brother, be confident, she just wants a house."
"It should be because her husband discovered her purpose, so he didn't want to have sex with her?"
"Oh, it's really pitiful to encounter such a thing."
"Isn't it all the same now? The woman requires that she must have a house after marriage and add the other's name to the household registration. Isn't that the purpose?"
"Some people plan to get divorced just after getting married (laughs)"
"Lawyer Li, if you meet such a person, can you punish him by legal means on the grounds of fraudulent marriage?"
"If the other party has been married for too short a time, and has mentioned property issues many times in life, and wants to divorce on the grounds of emotional discord, it can be dealt with as a crime of fraudulent marriage."
Seeing the barrage in the live broadcast room, Li Chen also gave a comprehensive answer: "The division of common property between husband and wife is originally an expression of equality of status, and people with ulterior motives have the purpose of encroaching on other people's property from the very beginning. Illegal conduct.
Of course, whether it can be constituted depends on whether you have evidence to prove that the other party just wants to divide the property. "
Li Chen pushed his glasses: "This kind of problem is actually a minority, and most people are good. We can't beat everyone to death just because one person has a problem, and suspect others. Marriage means that the purpose is not pure. When you doubt it, you will naturally be wary subconsciously, and the relationship between husband and wife can easily break down.
Some things need to be brought in, but they cannot be forced into the other party's situation.
Alright, let's connect with the next netizen who wants to consult..."
Subscriptions are so sluggish, whether it is poorly written or too few are raising books
(End of this chapter)
Li Chen couldn't find a suitable way to answer the question of cheating in marriage.
Take opening a room as an example.
My significant other has gone to open a room with someone else, and it takes more than an hour to go in. It can't be really playing two-person poker, right?
But it’s all like this, and it still can’t be used as the main basis for cheating.
As for ordinary people, if you want to obtain the records of two people opening a house, it is really more difficult than reaching the sky.
You said that you need to open the room record when you go to the hotel, and they will definitely not show it to you, because it is personal privacy, and only law enforcement units can get it if they have a task.
If you go to the martial arts association, there is no legitimate reason, and they will not help you.
From the perspective of the judiciary, derailment can be determined based on the intimate relationship with the other half and the opposite sex in public, and such sneak shots can also be admitted as evidence.
And in that kind of situation, only your significant other would have such an operation if you don't want to think about it. Generally, cheating is secret, mainly underground romance, and it is impossible to leave any evidence for you.
Unless the cheating partner is in one's own home, such a photo can be recognized by the court.
"This is probably the main reason why cheating cannot be considered a crime."
Li Chen began to summarize his own case: "On the one hand, cheating is only a minority, and there is no actual harm, it is an emotional dispute.
Another aspect is the issue of evidence collection. In fact, it is a contradiction between laws, and it is also to eliminate some people with illegal intentions who use cheating to commit their own criminal acts. "
If one day, when the proportion of cheating is high and the harm is strong, corresponding laws will definitely be introduced to restrict it.
For example, being cheated on is nothing more than doing something illegal, and there are more and more people like this, so legislators have to pay attention to such issues.
In Li Chen's mind, he also prefers the rule of law, because only the rule of law can truly reduce cheating on such issues.
Moral condemnation is supplemented by legal measures.
Only in this way, those who cheat will focus on their own behavior.
You can get divorced without feelings, this is not a reason for cheating in marriage...
"Okay, let's stop here for the time being. The purpose of my broadcast today is also to remind everyone that when their legal rights are violated, they must take legal means to obtain due compensation. "
I glanced at the bullet screen in the live broadcast room and found that many netizens were asking questions.
After finishing the summary, Li Chen was going to start Lianmei to answer: "As for Zhang San's story, let's talk about it here for the time being, and then we will start Lianmei. Netizens who want to consult can Lianmi with Attorney Li."
After opening the permission, a netizen Lianmai succeeded: "Lawyer Li, can you hear me?"
It's a female netizen.
"Can be heard."
Li Chen smiled and said, "Do you have any questions for consultation?"
"Is such that…"
The female netizen began to talk about her problem.
She is from Nanhe Province and married far away in Sugan Province.
His husband opened a small factory with a monthly salary of 2 yuan. She also has no job and relies on the other party for support.
But since she got married, her husband didn't touch her very much, and there was basically no marital behavior.
Therefore, she suspected that the other party was someone outside.
The purpose of her consultation was also to ask Li Chen if he could get a house after divorce.
"In your situation, it is definitely not possible."
After listening to her introduction, Li Chen began to answer her questions: "Your husband has three houses purchased with full payment, but they were purchased before marriage and belong to pre-marital property.
Only when you buy it after marriage can you own half of the house. "
"Is that so?"
The female netizen also continued to ask after hearing the words: "Then is there any way I can get it, because he is at fault, and he also has an indifferent attitude towards my idea of divorce, saying that the reconciliation will only give me [-]. If you want to sue for divorce, sue for divorce, there must be someone outside."
Li Chen nodded when he heard the words: "If you suspect that the other party is cheating, you can use legal means to prove your judgment."
"I'm back home now."
The female netizen continued to answer after hearing the words: "I don't even show his salary. I feel that there is more than this amount of money every month. I can't accept 10 yuan."
"If you suspect that your husband has concealed his property, you can find a lawyer to intervene, and he will apply to the court for property investigation and liquidate your husband's property to see what is pre-marital property and which is post-marital property.
The property after marriage can be divided reasonably. If it is confirmed that the other party has cheated, you will get about 70.00% of the property after marriage. "
"His factory is opened in partnership with others, and he has no marital property other than the house."
Li Chen nodded after hearing the words: "If this is the case, then I advise you to accept the other party's settlement, if it is really found out that there is no one hundred thousand, then that is the only way to go.
His salary of [-] yuan belongs to the joint property of the husband and wife, that is, half of yours.
As for you, you don’t have a fixed source. If you really want to investigate and come to a conclusion, if the other party has no hidden property, you can only divide the salary, and you will also deduct daily expenses, including the money given to you. In the end, it is very likely It will be less than what the other party promised to give you. "
"I see Lawyer Li, thank you."
Li Chen smiled after hearing the words: "You're welcome."
Netizens in the live broadcast room talked about their thoughts on the female netizen's inquiry:
"I asked if it felt like she just wanted a house?"
"Brother, be confident, she just wants a house."
"It should be because her husband discovered her purpose, so he didn't want to have sex with her?"
"Oh, it's really pitiful to encounter such a thing."
"Isn't it all the same now? The woman requires that she must have a house after marriage and add the other's name to the household registration. Isn't that the purpose?"
"Some people plan to get divorced just after getting married (laughs)"
"Lawyer Li, if you meet such a person, can you punish him by legal means on the grounds of fraudulent marriage?"
"If the other party has been married for too short a time, and has mentioned property issues many times in life, and wants to divorce on the grounds of emotional discord, it can be dealt with as a crime of fraudulent marriage."
Seeing the barrage in the live broadcast room, Li Chen also gave a comprehensive answer: "The division of common property between husband and wife is originally an expression of equality of status, and people with ulterior motives have the purpose of encroaching on other people's property from the very beginning. Illegal conduct.
Of course, whether it can be constituted depends on whether you have evidence to prove that the other party just wants to divide the property. "
Li Chen pushed his glasses: "This kind of problem is actually a minority, and most people are good. We can't beat everyone to death just because one person has a problem, and suspect others. Marriage means that the purpose is not pure. When you doubt it, you will naturally be wary subconsciously, and the relationship between husband and wife can easily break down.
Some things need to be brought in, but they cannot be forced into the other party's situation.
Alright, let's connect with the next netizen who wants to consult..."
Subscriptions are so sluggish, whether it is poorly written or too few are raising books
(End of this chapter)
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