Husband buys a car for Xiao San outside, and Xiao San generally refers to a third party. A third party is a third party legally involved in another person's marriage in China. May be married or unmarried. The role of mistress is immoral, so can my husband get it back when he buys a car for mistress outside?
My husband bought a car for San Xiao outside. 1 Can I return the car I bought for San Xiao?
"If you use the marital property to buy a car for San Xiao, your spouse can ask to cancel the gift and return the car. This gift is invalid, because it infringes on the spouse's legal rights, and the spouse can ask San Xiao to return the vehicle. Husband and wife have equal rights to dispose of the same property. "
1. If the husband buys a house for San Xiao with the property jointly owned by the husband and wife during the relationship, it is legally invalid to dispose of the property jointly owned by the husband and wife without authorization, and the wife can request to buy a house for San Xiao. According to the marriage law, husband and wife should share the same property. Unless otherwise agreed in writing, the property acquired by one spouse during the marriage relationship shall be owned by both spouses. Therefore, if one party cheats, buying a house or giving it to a third party is a unilateral disposition of property, which encroaches on the property share of the other spouse. The other party has the right to recover its half share from the third party. According to the provisions of the Marriage Law, both husband and wife have to reach an agreement on family affairs and property before they have the right to deal with it. It is also against public order and good customs to buy a house and give it to Xiaosan privately. A wife can sue for invalidation of the act of giving property, and then want the husband and wife to buy property with the same property.
2. During the marriage relationship, husband and wife enjoy all the ownership of the same property without any share. Either party has the right to make a decision when dealing with the same property due to daily needs. If husband and wife make important decisions on the same property due to the needs of daily life, both husband and wife should negotiate on an equal footing and reach an agreement. Article 46 of the Marriage Law of the People's Republic of China * * If divorce is caused by one of the following circumstances, the innocent party has the right to claim damages:
(1) Bigamy;
(two) a spouse living with others;
(3) committing domestic violence;
(4) maltreating or abandoning family members.
How to deal with buying a car for a mistress during marriage?
The act of one party giving the marital property to others without authorization is invalid.
One of the spouses gave a large amount of marital property to others without authorization, which obviously violated the property rights and interests of the other spouse. However, there is a view that the gift behavior should be considered as partially invalid, not completely invalid. The reason is that the same property of husband and wife includes both husband's share and wife's share, and half of the property donated by others is husband and wife's share. The intention of one party to dispose of its share should be true, and others can get half of the property rights.
During the marriage relationship, both husband and wife enjoy equal rights to the same property. Any party has the right to make a decision if it needs to deal with the same property due to daily life. If the same property is not handled due to the needs of daily life, both husband and wife should negotiate on an equal footing and reach an agreement. Paragraph 2 of Article 1062 of the Civil Code stipulates: "Husband and wife have equal rights to dispose of the same property." Because of the needs of daily life, one spouse gives property to others free of charge, which seriously damages the property rights and interests of the other spouse and violates the principle of fairness in civil law. This gift should be invalid.
Husband and wife's property is based on the provisions of the law, resulting from the existence of husband and wife relationship. In the absence of other property systems, husband and wife have the same property, not * * * *. Article 299 of the Civil Code stipulates: "* * * and * * share real estate or chattel * * *." According to the general principle that * * * is the same as * * *, during the marriage relationship, husband and wife * * * and property should be regarded as an inseparable whole, and husband and wife enjoy all the ownership of * * * and property, without any share, and both parties cannot divide the personal share of * * * and property. Husband and wife have equal rights to dispose of the same property, which does not mean that husband and wife have a half share of the same property. Only when the relationship between * * * and * * is terminated can the property of * * * be divided and their respective shares determined.
Therefore, the view that "half of the property given to others is shared by husband and wife" cannot be established. Article 301 of the Civil Code stipulates: "The disposal of real estate or chattel owned by * * *, as well as the major repair, change of nature or use of real estate or chattel owned by * * * shall be subject to the consent of more than two thirds of the owners of * * * or all the owners of * * *, unless otherwise agreed by the owners of * * *." Visible, in the case of * * * and * *, without the consent of all * * * and * * and dispose of the property owned by * * *, should be invalid.
Therefore, the gift behavior of one spouse giving property to others without authorization should be completely invalid, not partially invalid.
Husband is buying a car for mistress outside. 2. What will the court do if the marriage is derailed?
1. The court will mediate between the two parties first according to the principle of hearing divorce cases. If the innocent party understands the fault of the wrong party, the wrong party is willing to accept mediation, and both parties have a basis for mediation, the court will mediate.
2. If the contradictions between the two parties are irreconcilable, or one party insists on divorce, the court will generally decide to divorce.
The court will take care of the innocent party according to the actual situation when judging the divorce.
4. The innocent party may also claim compensation according to Article 1092 of the Civil Code, and the specific amount shall be comprehensively considered according to the degree of damage (including mental damage) of the innocent party, economic conditions of both parties, local living standards and other factors.
Second, the compensation standard for derailed divorce
After collecting the evidence to prove that the spouse is cheating, you can file a divorce lawsuit with the court and ask the wrong party for divorce compensation. The following are the compensation standards for extramarital divorce:
Compensation for extramarital affairs and divorce includes two aspects: material damage compensation and mental damage compensation.
(1) Compensation for material damage includes direct material damage such as the cost of collecting evidence of the other party's bigamy, prosecution fee and lawyer's fee.
(2) Because there is no clear standard of compensation for mental damage in China, there is no clear standard of compensation for mental damage suffered by divorce due to extramarital affairs. In practice, because of the rising probability of extramarital affairs, there are still many people who want to know about the divorce compensation for extramarital affairs.
In practice, it needs to be determined according to the following criteria:
1, the degree of mental damage of the innocent party in extramarital affairs. The degree of mental injury and mental pain suffered by the victim can be considered, such as whether there are emotional disorders such as anger, fear, anxiety, depression and sadness; Whether the physical illness is caused by mental and emotional injury; Whether depression and trance affect work and life; Whether there is mental illness and so on. Because the damage results involve people's physical and mental aspects, medical units can be entrusted to make corresponding judgments when necessary.
2. The specific derailment circumstances of the wrong party of extramarital affairs. For example, bigamy is more serious and harmful than adultery, which is a bad plot. Adultery is relatively minor.
3. The fault degree of the fault party of extramarital affairs. For example, does the behavior of one party and the third party seriously affect the life of the innocent party?
4. Other relevant factors. Factors such as the age of marriage, the length of marriage, the feelings of both parties after marriage, and the contribution of the innocent party to marriage life should all be considered as compensation factors.
I will tell you how the court will deal with the problem of marital infidelity. Because infidelity is not a legal fault of divorce in the Civil Code, even if one party files a divorce lawsuit with the court, this alone cannot prove that the relationship between husband and wife is completely broken, so the final result may not necessarily allow the husband and wife to divorce.
Husband is buying a car for mistress outside. What do you think of mistress?
1. It is easy for a man to have a mistress outside to cause domestic violence. If the mistress is young and beautiful and pleases you, you will look at your wife everywhere and have a quarrel. Over time, domestic violence will occur.
2, there is a mistress outside, and I will think about it when I sleep at night. Thinking about it every day and dreaming at night lead to strange bedfellows, and there is no place for your wife in his heart, which makes his feelings deteriorate and he can't live.
3. It is easy for a man to break up his family if he has a mistress outside. When you look at your wife everywhere and even hit her, her wife can't bear it anymore and has to divorce, and the children are the most disadvantaged.
We should thank San Xiao. Without San Xiao, we don't know how much place we have in men's hearts. Men's feelings for you have faded and become boring, and there is no previous vows.
5. Mistress Xiao is the' test angel' on the emotional road. If a man really loves you, he can resist the temptation and refuse the intervention of mistress. His affection for you is stronger than gold, just like Yang Guo's love for Little Dragon Girl. After waiting for 16 years, he refused all temptations just to wait for someone.
A man should be kind to his wife. She abandoned her parents and came to a strange family with you just to stay with you for a long time. It is not easy for a woman. Please cherish.
How to deal with mistress
1, call back the husband's heart.
In the face of the intervention of mistress, we must first pull our husband back to ourselves, let relatives and friends do ideological work, and let him understand that a beautiful marriage cannot be destroyed by mistress.
2. Do ideological work for San Xiao.
Tell Xiaosan that you love her husband very much, that your children need a complete family, that your husband can't live without you and your children, and that you get along well with your parents-in-law. Let mistress know that she can't replace you at all.
3, move with reason, move with emotion.
Tell mistress that your current behavior has seriously hurt you. If one day your husband abandons his wife and children and chooses her, then today is her tomorrow, because your husband can abandon his first wife and will abandon her one day. Please think twice.
4. Control the husband's actions.
When you find your husband having an affair, you should control him and let him go home in time after work. You can't go out alone. You must go shopping or take a walk and get together with your friends. This way, if the mistress is left out, she will take the initiative to quit.
5. Public opinion attacks.
If all the above methods fail, then use the method of public opinion attack. You can go to the unit leader in San Xiao to reflect San Xiao's life style, or you can try to tell San Xiao's parents and friends about her emotional problems. I believe that few people can ignore other people's opinions.