1, from your marriage to "in 2003, I found out that he had a relationship with another woman and went home to school separately", this is a de facto marriage. During this period, normal property shall be treated according to the principle of husband and wife. Question:
1) "I found out that he was involved with another woman in 2003, so I went home to school separately." Is there no more emotional contact? -Determine the termination time of your de facto marriage.
2) "In 2003, I found out that he had a relationship with another woman, so I went home to school separately." Is there a normal property right transaction after that?
-Property transactions after the termination of a de facto marriage should be handled according to the loan relationship between citizens.
2. "From 1999 to 2003, my mother remitted 250,000 yuan to us, some of which I still don't know. He told my mother that the business needed funds but didn't want me to know, so they lent him 20 thousand, 70 thousand and 30 thousand without telling my mother. " I understand it this way:
1) "20,000 once, 70,000 once and 30,000 once" are all yours. He "borrowed" from your mother in the name of "business needs funds"120,000 yuan.
Property analysis of 120000;
(1) completely belongs to his personal behavior, which can be clarified.
② Does it constitute the crime of contract fraud? Personally, I think it constitutes
According to Article 224 of the Criminal Law, whoever, for the purpose of illegal possession, defrauds the other party of property in the process of signing and performing a contract, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated: (5) defrauding the other party's property by other means.
-After obtaining the property through the loan contract (verbally), if he fails to perform the repayment obligation, he shall be deemed to have the purpose of illegally occupying other people's property, which is a "fraudulent loan", that is, the fact of fraud in the name of borrowing money.
③ 1.2 million belongs to "huge amount".
(4) For the RMB 6,543,800+2,000, no matter whether he runs a photography shop or buys a house or makes other investments, you have no right to share the profits after the investment, but you can ask him to return the RMB 6,543,800+2,000 and pay the bank interest rate for the same period.
2) 25- 12 = 130,000. This part of the money is also "given to us by mom". It is difficult to prove that your mother gave it to you personally, and it will be recognized as the property obtained after marriage, belonging to * * *. But you need to know where the 654.38+03 million flowers went. If you spend time together, it's gone. If it is used for investment, it should be compensated accordingly. If this money is invested in buying a house, it is important to have the following facts:
(1) "His family paid 50,000 yuan for the house, and the rest was my mother's money" (this part of the money should also be divided between 1.2 million and 1.3 million).
(2) "I bought two houses with a loan to get married, one in his name and the other in his father's name" (I bought a wedding room with my wife's money, but didn't write my wife's name. What a fucking beast! )
(3) "Those two houses have appreciated now, but I only repaid the loan with him in 2000-2003."
Analysis:
A, go to the real estate registration authority or other places to inquire about the purchase time of these two houses, and prove that "I bought two houses to get married";
B, "I only did business with him in 2000-2003, which is the same as repaying the loan". Description: I bought the house at 200 1 (before you got married).
C. With the cooperation of * * * to repay the loan, since 2003, the man has unilaterally repaid the loan.
-you buy a house together before marriage and repay the loan together for a period of time after marriage. You can claim that you own it with him, but you haven't repaid the loan together for several years.
According to Article 20 of 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 (implemented on April 1 2004), if both parties fail to reach an agreement on the value and ownership of the house in the same property, the people's court shall handle it separately according to the following circumstances: (1) If both parties claim the ownership of the house and agree to win the bid, they shall be allowed; (two) if one party claims the ownership of the house, the evaluation institution shall evaluate the house according to the market price, and the party that obtains the ownership of the house shall give the other party corresponding compensation; (three) if neither party claims the ownership of the house, the house shall be auctioned according to the application of the parties and the proceeds shall be divided.
"It's just that I haven't paid back the loan for several years"-the money he paid off from 2003 to 2008 is calculated separately and belongs to his personal property.
If it is determined that the property belongs to him personally (in the worst case), you can claim compensation as long as you can prove that * * * paid for the wedding and * * repaid the loan:
A. half of the down payment;
B, half "doing business with him in 2000-2003 was the same as repaying the loan".
3. Based on the situation that "you didn't say you didn't pay back the money, you didn't deny it, and you just kept procrastinating", so I suggest you don't wait for him to write you an iou, and sue him as soon as possible, but you should refer to the legal principles and actual situation I gave, and comprehensively consider whether to file a civil lawsuit or report it to the public security organ or the people's procuratorate, and file a criminal lawsuit through the procuratorate.
4. Limitation of action:
1) Provisions of the General Principles of Civil Law on the limitation of civil action:
Article 135 The limitation of action for requesting the people's court to protect civil rights shall be two years, unless otherwise provided by law.
Article 137 The limitation period of action shall be counted from the time when one knows or should know that one's rights have been infringed. However, if more than 20 years have passed since the right was infringed, the people's court will not protect it. Under special circumstances, the people's court may extend the limitation of action.
Article 140 The limitation of action is interrupted by bringing a lawsuit, a party making a request or agreeing to perform an obligation. From the time of interruption, the limitation period of action shall be recalculated.
The statute of limitations for borrowing is 2 years.
2) Limitation of criminal proceedings: Article 87 of the Criminal Law stipulates that crimes that exceed the following time limits shall not be prosecuted: (1) If the statutory maximum penalty is less than five years of fixed-term imprisonment, after five years; (2) Ten years if the statutory maximum penalty is fixed-term imprisonment of not less than five years but not more than ten years; (3) Fifteen years if the statutory maximum penalty is fixed-term imprisonment of not less than ten years; (4) Twenty years have passed if the maximum legal punishment is life imprisonment or death penalty. 20 years later, if it is deemed necessary to prosecute, it shall be submitted to the Supreme People's Procuratorate for approval.
5、
Is it evidence if the positive telephone recording makes it clear?
-the recording can only be used as effective legal evidence if the other party allows it.
The number of the IOU should be the part I didn't know at first or the part I knew, because some of it was a house but didn't write my name. He agreed to write an IOU, but how should I write an IOU in this situation?
-everything he borrowed from your mother belongs to his personal behavior; For buying a house, you can also ask for an equal share. I suggest not to engage in IOUs again. Do you think such a person will give you a white note and pay it back on time?
If you don't consider the part of the house, can you ask for higher interest on a separate loan?
-It's no use. It can only be the bank interest rate for the same period.
It is suggested to solve the problem through litigation. Attorney fees are generally charged according to the size of the subject matter (compensation amount). You can consult your local law firm. Personally, I think the subject matter of this case is about 200,000 yuan.