Recently, an intermediate court in Shanghai tried a case, and the second-instance judgment rejected his wife's appeal and upheld the original judgment, that is, the agreement on property division in the divorce agreement was invalid.
Brief introduction of the case:
Xiao Gang (pseudonym) and Xiao Min (pseudonym) registered their marriage after free love. After marriage, Xiao Min lived in a house under Xiao Gang's name. After marriage, as their daughter grew up, in order to let her receive a better education, they began to buy another school district.
In 2022, Xiaogang and Xiao Min took a fancy to a school district house in Shanghai, but because they already had a house, they were not qualified to buy a house again with the first mortgage. So, the two discussed the "fake divorce." Because there was no room under Xiao Min's name, after the divorce, he bought the school district house in the name of Xiao Min, and Xiaogang transferred the first house to Xiao Min in the form of divorce compensation.
In July of the same year, Xiao Gang and Xiao Min went through the divorce registration formalities and signed a divorce agreement. The agreement has three main aspects:
1. Custody: The daughter is raised by Xiao Gang, and Xiao Min pays 3,000 yuan in support every month until the daughter 18 years old.
2.* * * The property after marriage is the same: at present, all the deposits in the bank accounts under the respective names of both parties belong to each other and are not divided; A BMW belongs to the woman, and the car loan is borne by the woman; The woman's shop and related facilities are owned by the woman. No other couple owns the same property.
3. Total amount and payment of divorce compensation: the man pays the woman compensation of 3 million yuan only.
After the divorce, Xiaogang sold a house he and his mother shared, and transferred money to Xiao Min in succession, totaling 2.94 million yuan. Xiao Min used the money to pay the down payment for the school district, during which the two still lived together.
After buying the house, Xiao Gang urged Xiao Min to remarry, but Xiao Min told Xiao Gang that they had divorced. Surprised Xiaogang couldn't accept this fact and had a fierce quarrel with Xiao Min. Xiao Min refused to remarry, insisting that they had lost their feelings and the divorce was voluntary.
We agreed on a "fake divorce" to buy a school district, but I didn't expect my wife to suddenly change her mind. Xiao Gang tried to save his marriage, but Xiao Min refused to let go and moved out of the house. Seeing that there is no hope of remarriage, Xiaogang regrets the decision of "fake divorce", but he can only accept the reality.
However, Xiao Gang was still very angry when he thought of the agreement on property division in the divorce agreement and the 2.94 million yuan transferred to Xiao Min to buy a house. He proposed to Xiao Min to re-divide the property of husband and wife and return the purchase price.
Xiao Min said that the two had negotiated to buy the school district, but this had nothing to do with the divorce. She and Xiaogang eventually divorced because of frequent quarrels and emotional disharmony, and she never promised to remarry with Xiaogang. The divorce agreement is signed by both parties through consultation and is legal and valid. More than 2.94 million yuan is divorce compensation, not the purchase price, and it does not need to be returned.
Xiao Gang, who made a lot of money to buy a school district, sued Xiao Min in a rage, demanding that the agreement on property division in the divorce agreement be revoked or deemed invalid. Xiao Min returned Xiao Gang's personal property of 2.94 million yuan, and re-divided the property of husband and wife.
Judge:
Divorce has become a fact, but the property division agreement is invalid.
During the trial of the case, Xiao Gang withdrew the application for Xiao Min to return the money and re-divide the marital property, saying that the consequences of the cancellation or invalidation of the divorce agreement would be dealt with separately.
▼ The first trial held that
Evidence such as WeChat chat records and audio recordings provided by Xiaogang shows that before the divorce, Xiao Min discussed with Xiaogang many times about the purchase, conditions and housing replacement scheme, and the day before the divorce registration, he also urged Xiaogang to divorce, saying that "the longer the divorce time is, the easier it is". After the divorce, Xiao Min repeatedly mentioned "I didn't want to really divorce" and "I had to divorce because I wanted to buy a house" in the conversation with Xiaogang and his mother.
All the above statements reflect Xiao Min's untrue intention to divorce, and he failed to give a reasonable explanation for these statements. Therefore, I accepted the facts advocated by Xiao Gang and found that both parties divorced and registered to avoid the purchase restriction.
The first-instance judgment supported Xiaogang's petition, and the agreement on property division in the divorce agreement was invalid. At the same time, Xiao Gang said that he would withdraw the lawsuit requesting Xiao Min to return the money and re-divide the marital property. The consequences of invalid divorce agreement will be dealt with separately, which is Xiao Gang's punishment for his litigation rights. Xiao Min has no objection to this and gives permission.
After the judgment of the first instance, Xiao Min refused to accept it and appealed to the Shanghai No.1 Intermediate People's Court. Xiao Min said that the divorce compensation was given to her by Xiao Gang to get custody of her daughter, not to buy her a house. She requested that the first-instance judgment be revoked and Xiao Gang's original application be rejected.
▼ The second trial held that:
The focus of the dispute in this case is whether the divorce agreement is the true intention of both parties. To judge whether the agreement is the true intention of the parties, we need to identify it from the relevant behaviors of both parties before and after signing the agreement.
Looking at the many conversations and WeChat chats between the two parties before and after the divorce registration, we can fully realize that the two parties divorced to buy a house, and the divorce agreement they signed was a false expression of intention to achieve the above-mentioned purpose of buying a house. Although it is stipulated in the agreement that Xiao Gang needs to compensate Xiao Min for 3 million yuan, Xiao Gang also transferred money to Xiao Min after the signing of the agreement, but this money is really needed for buying a house.
During the trial, both parties confirmed that there was no such large amount of property after marriage, and the money Xiao Gang transferred to Xiao Min was also the income from the house he shared with the outsider. If Xiaogang paid him compensation for his daughter's custody as Xiao Min said, the compensation should also be within its controllable and affordable range. Now the money is completely beyond Xiao Gang's affordability and doesn't match his income, so what Xiao Min said is totally unreasonable.
Therefore, the appeal was dismissed and the original judgment was upheld.
Start a conversation:
Fake divorce is nothing new. In order to meet the needs of one or both parties, both husband and wife agreed to go through the divorce formalities, and agreed to remarry after the purpose was achieved. "Chinese-style fake divorce" appeared in BLACKPINK with problems such as compensation, buying a second apartment, escaping the debts of husband and wife, and children going to school, and became a tool to gain benefits. This shortcut to gain benefits has led many couples to follow suit, but it has also led to farce.
First, whether it's true or not, once you get divorced, you can't go back on your word.
Freedom of marriage is the basic principle of our marriage law, including freedom of marriage and freedom of divorce. Because marriage involves the determination of the relationship between men and women, it also involves a series of issues such as property, creditor's rights and debts. Therefore, after the divorce procedure is completed, there is no possibility of revocation. Therefore, in the aforementioned cases, the marital property division agreement at the time of the final judgment of "fake divorce" was invalid, not the judgment of revoking the divorce registration.
In fact, both men and women with fake divorce are facing risks in property and other aspects. For example, in order to qualify for buying a house, it is necessary to eliminate the property and property records under one party's name. In fake divorce, the property and money originally owned by husband and wife are often transferred to one party through divorce agreement, but if the fake divorce is fake, one party will suffer losses.
In addition, according to the relevant regulations, if the real estate management department finds that the purchaser is a fake divorce, the qualification for purchasing a house will be cancelled, so that the fake divorced person will not only get any benefits, but also be greatly discounted in credit.
Second, after the fake divorce, the original husband and wife property became personal property before marriage.
According to the regulations, if you remarry after divorce, the original property of both husband and wife has been converted into personal property before marriage.
In this case, one party refused to remarry directly after the "fake divorce" because it was straightforward. In this case, we can find out the background of "fake divorce" and the true meaning of both men and women to confirm that the agreement and property division between husband and wife in "fake divorce" are invalid. To a certain extent, it safeguarded the legitimate rights and interests of the other party. But let's go one step further. If both men and women remarry after a "fake divorce", but because of the previous "fake divorce" link, at the level, both men and women have divided the original husband and wife property into their own personal property. In other words, when remarried, both men and women remarried with their personal property before marriage.
If one party divorces for various reasons after remarriage (as we know, as long as one party decides to divorce, it is only a matter of time), then this part of pre-marital personal property divided by "fake divorce" can no longer be divided according to the joint property of husband and wife. At that time, the other party will cancel the original agreement on property division during the "fake divorce" through litigation, and I am afraid it is not optimistic.
end
Welcome WeChat, Sina Weibo and Zhihu to communicate with me.
Released without permission.
The above is about the influence of husband and wife's fake divorce on their feelings and the sharing of divorce agreements. After reading the fake divorce, it will affect your luck. I hope it will help everyone!