Modern Express +/ZAKER Nanjing reporter Wang Rui Liu Yao
Does the property donated by parents in the name of buying and selling belong to husband and wife?
Early that morning, Mr. Liu arrived at the event site. It is understood that Mr. Liu and his wife have a son, and the couple separated many years ago because of emotional discord. In order to maintain a complete family, the two have never gone through the divorce procedure. Seeing that their son is getting older, the two finally put the divorce on the agenda. Because they haven't lived together for a long time, they don't have any savings, only a house, in the name of Mr. Liu. This house was transferred by Mr. Liu's parents to his son, Mr. Liu, for his grandson to go to school.
"At that time, the transfer procedures were handled in the name of buying and selling. The house price was symbolically filled in at 400,000 yuan, but no money was given. Now that we are divorced, the woman said that this house is the same property of husband and wife during the marriage relationship and requires equal share. " Mr. Liu said that although the house is not a key school district, the price is also around 5 million. "If she points, I want to pay her about 2.5 million. I don't have that much money at hand, and the house will definitely lose. " Mr. Liu said, "This property was given to me by my parents, mainly for my children to go to school. Her name is not on the household registration book at all. Can she divide the property? "
Regarding Mr. Liu's question, Li Xiaoliang, a lawyer of Jiangsu Tongda Law Firm, said that the third paragraph of Article 18 of the Marriage Law of the People's Republic of China clearly stipulates that the property that belongs to only one spouse in the will or gift contract is the property of husband and wife; At the same time, Article 7 of Judicial Interpretation III of Marriage Law stipulates that if a property purchased by a husband and wife for their children after marriage is registered in the name of the investor's children, it can be considered as a gift to only one of their own children according to the provisions of Paragraph 3 of Article 18 of Marriage Law, and the property should be considered as the personal property of the husband and wife.
Lawyer Li said that Mr. Liu's parents transferred the house to his son, Mr. Liu, in the form of "sale", which was regarded as "one parent contributed to buy the house for their children". Therefore, the house belongs to Mr. Liu's parents' personal property, not to both husband and wife, so the woman has no right to ask for the division of the house when she divorces.
Interns may be sentenced for selling 60 thousand yuan fake health care products
Halfway through the event, Ms. Chen came to the scene. She sat opposite the lawyer and asked anxiously, "I have a cousin who is still in school and hasn't graduated yet." When the school offered her an internship last year, she got a job selling health care products. But just a few months later, things happened. She was caught by the police, saying that the health care products they sold were fakes. Now that she is about to face trial, I don't know how long it will take? "
In the summer of 20 18, Ms. Chen's cousin Xiaolin came to Nanjing for an internship in a health care product company. The company asked her to do sales and recommended health care products to her uncles and aunts every day. The company gives Xiaolin a basic salary of more than RMB 1000 per month, and you can get a part of the commission for each box sold. After working for four or five months, she sold 60,000 yuan of health products. In June+10 of the same year, the police arrested more than 40 employees of the company after receiving reports from consumers, and Kobayashi was one of them.
Xiao Lin's mother has been asking around for months, wondering if Xiao Lin will be sentenced, and if so, how long it will take. So, she came to the "please lawyer" activity for consultation. In this regard, Li Xiaoliang, a lawyer of Jiangsu Tongda Law Firm, analyzed that although the known situation is limited at present, judging from Kobayashi's arrest and the situation introduced by Ms. Chen, Kobayashi's behavior should meet the sentencing standards. If the prosecution sues Kobayashi for fraud, she has defrauded 60,000 yuan, a huge amount, and the sentence may be 3 years to 10 years. If Kobayashi turns himself in or confesses, the court can give him a lighter punishment. (All parties in the text are surnamed)