144. Premarital property cannot be divided
Regarding the problem of cheating in marriage, Li Chen couldn't find a suitable way to answer it.
Take opening a room, for example.
My other half has opened a room with someone else, and it takes more than an hour to go in, so it can't really be playing two-player poker, right?
But it's all like this, and it still can't be used as the main basis for cheating.
And ordinary people, if you want to get the opening record of two people, it is really more difficult than climbing to the sky.
If you say that you go to the hotel to open a room record, people 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 valid reason, and people will not help you.
From the judicial understanding, cheating can be judged based on the intimacy with the other half and the opposite sex in public, and such clandestine photography can also be admitted as evidence.
And in that case, only if your other half doesn't want to have that kind of operation, general cheating is secretive, mainly underground romance, and it is impossible to leave you any evidence.
Unless the cheating partner is in his own home, taking pictures like that is likely to be recognized by the court.
"This is probably the main reason why cheating cannot be recognized as a crime."
Li Chen began to summarize his case: "On the one hand, cheating is only a minority, and there is no actual harm, it is an emotional dispute.
There is also the issue of evidence, which is actually a contradiction between the laws, and it is also to exclude some people with illegal intentions from using cheating to carry out their own criminal acts. ”
If one day, when the proportion of infidelity is high and the harm is strong, corresponding laws will definitely be introduced to restrain it.
For example, if someone who is cheated on is just doing something illegal, and there are more and more such people, then legislators have to pay attention to such issues.
In Li Chen's heart, he is also biased towards the rule of law, because only the rule of law can only reduce derailment in a real way.
Moral condemnation is supplemented, and legal measures are the mainstay.
Only then will those who cheat focus on their own actions.
You can divorce without feelings, this is not a reason for cheating in marriage...
"Okay, let's talk about this issue for the time being, the purpose of my broadcast today is also to remind everyone that when their legitimate rights and interests are infringed, they must take legal means to obtain due compensation."
glanced at the barrage in the live broadcast room and found that many netizens were asking questions.
After making the summary, Li Chen was ready to start answering the microphone: "What about Zhang San's story, let's talk about it here for the time being, let's start the microphone connection next, and netizens who want to consult can connect with lawyer Li." ”
opened the permission, and some netizens connected to the microphone successfully: "Lawyer Li, can you hear me?" ”
It's a female netizen.
"You can hear me."
Li Chen smiled when he heard this, and said, "Do you have any questions you want to consult?" ”
"That's right..."
The female netizen began to talk about her problem.
She is a native of Nam Ha Province and married far away to Sugan Province.
His husband opened a small factory with a monthly salary of 20,000 yuan, and she also had no job and relied on the other party to support her.
But since she got married, her husband hasn't touched her much, and basically there is no conjugal behavior.
Therefore, she suspected that the other party was someone outside.
And the purpose of her consultation was also to ask Li Chen if he could get a house for divorce.
"You can't get this situation."
After listening to her introduction, Li Chen began to answer her questions: "Your husband has three houses that were purchased in full, but they were purchased before marriage and belong to pre-marital property.
Only if you buy it after the marriage, the house can have half of yours. ”
"Is that so?"
After hearing this, the female netizen also continued to ask: "Then is there any way I can get it, because he is the party at fault, and he also has an indifferent attitude towards my idea of wanting a divorce, saying that the settlement will only give me 100,000, and if you want to sue for divorce, you will sue for divorce, there must be someone outside." ”
Li Chen nodded when he heard this: "If you suspect that the other party is cheating, you can use legal means to prove your judgment." ”
"I'm back to my hometown now."
Hearing this, the female netizen continued to answer: "He doesn't show me his salary, I feel that there is more than so much money every month, and I can't accept 100,000 yuan." ”
"If you suspect that your husband is concealing his property, you can find a lawyer to intervene, and he will apply to the court for a property investigation to liquidate your husband's property to see what is pre-marital property and what is post-marital property.
If it is confirmed that the other party has cheated on you, you will get about 70% of the marital property. ”
"His factory is a partnership, and he doesn't have any matrimonial property other than a house."
Li Chen nodded after hearing this: "If that's the case, then I advise you to accept the other party's reconciliation, if you really find out that there is no 100,000, then it can only be like that."
His salary is 20,000 yuan, which belongs to the joint property of the husband and wife, that is, half of yours.
As for you, there is no fixed source, and after really investigating, you have come to the conclusion that if the other party does not have invisible property, you can only divide the salary, and you will also subtract the daily expenses, including the money given to you, and in the end it is likely to be less than the money that the other party promised you. ”
"I know Lawyer Li, thank you."
Li Chen smiled when he heard this: "You're welcome." ”
Netizens in the live broadcast room talked about their thoughts on the female netizen's inquiry:
"I asked, does it feel like she just wants a house?"
"Brother, be confident, she just wants a house."
"It should be her husband who found out about her purpose and didn't have sex with her, right?"
"Alas, it's really pitiful to encounter such a thing."
"Isn't it all like this now, the woman asks to have a house after marriage, and she has to add the other party's name to the household registration, isn't it all for this purpose?"
"There are some people who are thinking about divorce when they first get married (laughs)"
"Lawyer Li, if you meet such a person, can you use legal means to punish him on the grounds of cheating on marriage?"
"If the other party has been married for too short a time, and has mentioned property issues many times in his life, and wants to divorce on the grounds of emotional discord, he can be dealt with as the crime of marriage fraud."
Seeing the barrage in the live broadcast room, Li Chen also replied comprehensively: "The division of joint property between husband and wife is originally a manifestation of equal status, and people with ulterior motives have the purpose of embezzling other people's property from the beginning, which is itself an illegal act."
Of course, whether it can be constituted or not depends on whether you have evidence to prove that the other party wants to divide the property. ”
Li Chen pushed his glasses: "This kind of problem, in fact, is a minority, most of the people are good, we can't beat all the people to death just because one person has a problem, suspecting that other people's marriage is impure purpose, when you doubt, you will naturally subconsciously be vigilant, and the relationship between husband and wife is easy to break."
There are things that need to be brought in, but you can't force them into the other person's situation.
Okay, let's connect with the next netizen who wants to consult..."
The subscription is so sluggish, whether it is not well written or too little, they are raising books
(End of chapter)