Ms. Song, 43, originally had a happy family, but two years ago, her husband's affair split this happy family.
Many years ago, my husband who worked in an enterprise resigned and went to sea. After several years of hard work, he has his own decoration company. Ms. Song used to work in an enterprise. In order to support her husband's career, she quit her job, returned home and became a full-time wife. I took on all the housework, as well as the burden of taking care of the elderly and children, and kept the house in good order, so that my husband had no worries and devoted himself to the company.
With the joint efforts of Qi Xin, her husband's decoration company is thriving, and the economic conditions at home are getting better every day. My daughter is growing up day by day in their busyness, 17 years old. Ms. Song saw that her children had grown up and her husband's career was booming. She feels that she has finally made a start and should enjoy life for the rest of her life.
There are unexpected events in the sky. The husband had an affair and went home to file for divorce. At first, she strongly disagreed, but her husband went home all day to make trouble and pick fights. In desperation, she agreed to divorce. When her husband saw that she agreed to divorce, he was very happy and signed the divorce agreement with great satisfaction. At the time of divorce, in the division of property, the husband did not belittle his wife and daughter because of having an affair, but proposed "business is business", with * * * sharing the property and * * * sharing the debt equally. Seeing that her husband had no remorse at all, she didn't miss it at that time and couldn't wait to leave early. So there was no dispute over the division of property, so she agreed to the division of her husband, and the two divorced happily.
Shortly after the divorce, her ex-husband married a woman who was having an affair and set up a new family of her own. The daughter doesn't want to live with her father, but chooses to live with her father. Ms. Song did not remarry, but devoted herself to raising her daughter for her study.
In a blink of an eye, divorced for 2 years. One day not long ago, a close friend of her ex-husband made an appointment with Ms. Song. After the meeting, her ex-husband's girlfriend told her with a guilty face that her ex-husband had asked him for help before divorcing her, asking him to lie and lend her 500,000 yuan. In this way, at the time of divorce, this 500,000 yuan was used as the joint debt of husband and wife, which made Ms. Song lose 250,000 yuan. At that time, out of brotherhood, when Ms. Song's ex-husband found him, he promised to help him. However, with the passage of time, he has been ashamed of Ms. Song and finally got up the courage to tell her the truth.
After learning the news, Ms. Song felt that her husband was rude. It was wrong for him to cheat, and he used fake loans to occupy more property. In a rage, Ms. Song thought of suing her ex-husband in court. "I want to ask for a new division of this 500,000 yuan. Besides, is it illegal for him to forge IOUs and forge debts? Is it because he is at fault that he is allowed to score less or not to divide the 500 thousand? " Ms. Song wants to know whether she is divorced or not and whether she has the right to make the above request.
The lawyer answered the question.
Lawyer Yao Xiaoling introduced that Article 47 of the Marriage Law stipulates that if one party conceals, transfers, sells or destroys the property of husband and wife, or forges debts in an attempt to occupy the property of the other party, when dividing the property of husband and wife, the party who conceals, transfers, sells or destroys the property of husband and wife or forges debts may be given less points or not. After the divorce, if the other party finds the above-mentioned behavior, it may bring a lawsuit to the people's court and request to divide the husband and wife's property again. The people's court shall, in accordance with the provisions of the Civil Procedure Law, impose sanctions on acts that hinder civil litigation as stipulated in the preceding paragraph. According to the above provisions, Ms. Song can bring a lawsuit to the people's court and request to re-divide the 500,000 yuan. In view of the husband's behavior of forging debts, he may request the court to order him to divide the 500,000 yuan less or not.
This behavior of Ms. Song's husband is illegal. At present, there is still a lack of corresponding criminal legal responsibility norms on how to punish the behavior of making false price white bars. Judging from the current criminal legislation, false litigation has no specific criminal responsibility. Although the newly revised "Civil Procedure Law" has increased the punishment for obstructing civil proceedings, the punishment is only aimed at two acts of "forging and destroying important evidence, preventing witnesses from testifying by means of violence, threats and bribery, or instigating, bribing and coercing others to commit perjury", and there is still a lack of restrictions on the malicious collusion between the two parties to harm the third party. If it is confirmed through litigation that Ms. Song's husband and friends made false IOUs, and then it is considered as malicious collusion, Ms. Song can request the judicial authorities to investigate their criminal responsibility for obstructing testimony. However, because the IOUs have not been confirmed by litigation, they cannot be investigated for criminal responsibility for this crime.