"Divorce is very difficult and costly. ”

After reading the information in his hand, Qin Zhenwei was a little embarrassed.

"Lawyer Qin, please help our family Wen Wu. ”

"Yes, we are all ordinary people, and we can't afford to provoke such a woman. ”

Zhang's father and mother both showed pleading looks, and they had already pinned their hopes on the young lawyer in front of them.

Qin Zhenwei was specially invited by Ren Pingsheng from Junheng Law Firm, and with his professional knowledge and ability, he served as a consultant for the divorce case between Zhang Wenwu and Luo Yunxiang.

Although Ning Zhenyi, the director of the law firm, was a little surprised by Ren Pingsheng's request, Wanyou Network has become a big customer of Junheng Law Firm, and out of the consideration of the friendly and cooperative relationship between the two parties, she still sent the elite backbone of the law firm to help.

Qin Zhenwei is 25 years old this year, also a native of Jinling City, Jiangning Province, graduated from Southwest University of Political Science and Law, LL.M., he is wearing a neat suit, wearing rimless glasses, with good facial features, and bright eyes, but the top of his head is slightly bald, which looks like a typical legal person.

Although Qin Zhenwei is young, he is very capable, and he has undertaken several cases in just a few years, and he is a rising star in the institute, and it is also the object of Ning Zhenyi's key cultivation.

"Lawyer Qin, do you think that if this case goes to court, our side has a good chance of winning. Ren Pingsheng looked at Qin Zhenwei with a serious expression, on the one hand, he said this to let Zhang's father and Zhang's mother understand the seriousness of the situation, and on the other hand, he was also testing the level of this young lawyer.

"Mr. Ren, it's like this. ”

Qin Zhenwei cleared his throat and said very respectfully.

According to the interpretation of the Supreme People's Court on several issues concerning the application of the Marriage Law of the People's Republic of China, Article 22 stipulates that if the parents of the parties contribute to the purchase of a house for both parties before they get married, the contribution shall be deemed to be a personal gift to their children, unless the parents expressly express that the gift is made to both parties. After the parties get married, where the parents contribute to the purchase of a house for both parties, the contribution shall be deemed to be a gift to both husband and wife, except where the parents expressly express that the gift will be made to one of the parties. ”

"If Mr. Zhang's transfer of ownership of the house to Zhang Wenwu occurred before your son and Luo Yunxiang received the marriage certificate, the house should be recognized as a personal gift to your son and belonged to your son's pre-marital property, and Luo Yunxiang has no right to claim this house, nor can she divide this house. ”

Listening to Qin Zhenwei's words, Zhang's father's face darkened suddenly, and Zhang's mother saw that the situation was not good, so she grabbed his arm and asked:

"Lao Zhang, when did you transfer the house to your son's name?"

Father Zhang hung his head and squeaked:

"That was after the Lantern Festival, I thought that the child was older and lived with his girlfriend, and there was no need to rent out the house, so I settled the balance and simply registered it in his name. ”

Ren Pingsheng interjected, and he asked Zhang Wenwu:

"Does Luo Yunxiang know about your father's transfer of ownership of the house?"

Zhang Wenwu nodded and said:

"In the days when my father came to go through the formalities, he lived in a house in Hanhai City, and we didn't hide it from her. ”

Ren Pingsheng frowned and stopped talking.

Qin Zhenwei nodded, and said with some sympathy:

"Judging from what you just mentioned, Mr. Zhang, since the transfer of ownership of the house to your son occurred after obtaining the certificate, according to the judicial interpretation of the Marriage Law by the Supreme People's Court, the house should be regarded as a gift to the husband and wife and belong to the joint property of the husband and wife. ”

"Based on the current situation, if there is no other stronger evidence, the situation of the case going to court is not very optimistic. ”

"At least, half of the house will be given to the woman. ”

As soon as the lawyer finished speaking, Zhang's mother slapped her knees heavily and scolded her husband.

"Oh, Lao Zhang, why are you so stupid, when will you not be in charge, and you should transfer the account at this time. ”

Father Zhang also sighed and said.

"How do I know that woman has bad intentions......"

Both husband and wife fell into deep self-blame.

"Dad, Mom, don't be sad, everything is caused by me, if she wants that house, just give it to her, and I'll continue to work hard in the future." ”

Zhang Wenwu saw his parents' sad and remorseful looks, he couldn't help it and took the initiative to ask.

"What kind of stupid thing to say, that house is worth at least 2 million yuan now, you have to give her 1 million, so much money, where to raise it." ”

Zhang's father immediately objected, speculating in a house is the biggest achievement in his life, and he also spent a lot of effort to buy a house in Hanhai City, and now seeing that housing prices are soaring day by day, this house will definitely be more valuable in the future, how can he let go.

Moreover, his current assets are all in the house, and the other houses are repaying the loan every month, and he can't take out 1 million cash at all, unless he sells all the houses in Ningtao City, that's about the same, but that's not something that can be done in a short time.

"It's just that you can't give it to her. This woman is so bad that she can't let her get away with it. ”

Zhang's mother also responded to her husband angrily, she didn't calculate as much as her husband, but purely out of the position of defending her son, out of a woman's intuition, she expressed her indignation at Luo Yunxiang's behavior of fishing for women.

"Why is the law so unfair?"

"We, the little people, usually abide by the law and discipline, never do anything wrong, and we are the ones who suffer. ”

"Why is that woman able to divide our property with a marriage certificate, this is too much. ”

Facing Zhang's mother's question, Qin Zhenwei smiled helplessly and said:

"Our country's Marriage Law is a very progressive and internationally consistent law, and its legislation is formulated in strict accordance with the principle of equality between men and women. ”

"However, we paid for this house, and the woman didn't pay a penny, so isn't this equal division equivalent to helping the woman grab money? How can it be called equality?"

Zhang's mother objected very incomprehensibly, which is also the simple understanding of the law by ordinary people.

Qin Zhenwei should have seen a similar scene, so he explained unhurriedly:

"Equality in law is not the same concept as we usually think of it. ”

"Legal equality usually refers to the equal enjoyment of rights and the fulfillment of obligations by groups to which the law applies, and no discrimination is made based on factors such as identity, gender, age and other factors of the user group. ”

"Equality in law is equality in form as well as in procedure, and it is an equality in abstract principles that is universally applicable to all objects. ”

The kind of equality we usually understand requires different treatment of different objects in specific social affairs, emphasizing relief and support for vulnerable groups, so as to achieve the purpose of overall social balance.

This kind of equality is substantive equality, equality of results, or in words that everyone can understand, fairness. ”

"Fairness is the highest ideal of all legal practitioners, but it is also the most difficult goal to achieve in judicial practice. ”

Qin Zhenwei said vigorously, he himself seemed to have been aroused by the passion of the lawyer, and said loudly:

"We can only strive to find fairness within the framework of legal equality. ”

Although Qin Zhenwei explained in detail, with the knowledge level of Zhang's father and Zhang's mother, he could not really understand the meaning of "equality and fairness".

They were still arguing and complaining to each other.

"No matter how much the law is broken, it can't protect our honest people, and what kind of equality is there. ”

"The law is to be fair, and the law that is unfair is not bullying?"

……

Only Ren Pingsheng nodded secretly, this Qin Zhenwei does have a level, this lawyer is right.

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