Case | wife and others have children, forced her husband to divorce and leave the house, the reason for her husband silence

2022-05-23 0 By

In ancient times, the society paid attention to the education of rites and music, advocating the Confucian value pursuit of “benevolence, righteousness, propriety, wisdom, faithfulness, gentleness, courtesy, thrift and indulgence”.However, with the change of The Times, the development of the economy, now many people have abandoned this simple, clearly is a man, but act like animals in general.Take extramarital affairs as an example. Cheating violates moral laws and is shameful.However, some have gone too far, such as a Yan, a woman from Fujian province who forced her husband to leave the house after she gave birth to a child, leaving him speechless with excuses.A Yan married her husband A CAI 20 years ago and they had three daughters together, but she cheated on her husband without saying a word.In the middle of last year, with a newborn boy in her arms, Yan suddenly filed for divorce.The baby is obviously not A CAI, because as early as the third daughter was born, a CAI went to the hospital for a vasectomy.He naturally wants to look for a Yan to want a view, who knows a Yan not only frankly his derailment fact, still aggressive phase force request a wealth divorce and clean body out of the house.The reason she gave was that she had married him as a family decision without much affection.A CAI is not good enough for her, after many years of marriage, two people often quarrel because of character disagreement.A CAI is not at home all day, there is no time to accompany her, do not know how to care for her.She gave birth to three daughters without being present for any of their check-ups or even the birth.So she just disheartened, this time met “true love” had a son, naturally is to divorce with “true love” over.In addition, AH CAI had been married, most of the property is their own, he has no right to take a cent.A wealth of a Yan words is helpless, because of this identity, he in these years a Yan home is suffering discrimination.His neighbors saw what he did to his family, but A Yan’s family never appreciated his hard work.He can’t accompany Yan, also because work is busy, after all, the living expenses of saloon car, family have to earn is not.Unexpectedly, so many years of pay, or into yan’s eyes.There is no way, said but a Yan a wealth can only find the program group, looking forward to mediation.It’s true that Ah CAI didn’t bring much when he came, but he had done his best for the family for many years.None of the money earned is not used in the home, although it is a move, but in fact the real estate is he and Yan together struggle to get.Just hang in the woman’s name, now a Yan saw met “true love”, will kick away a wealth.No matter from reasonable or legal theory can not say in the past, reasonable, her derailment sorry for a wealth of sincere pay.Legally speaking, there is no such thing as a yan’s property before marriage. Naturally, her property before marriage is her personal property, but the property after marriage is the joint property of the couple.According to Article 1062 of the Civil Code, the following property acquired by husband and wife during their marriage shall be the joint property of husband and wife and shall be jointly owned by them: salary, bonus and remuneration for labor service;Income from production, operation and investment;Income from intellectual property rights;Inherited or donated property, except as provided for in paragraph 3 of Article 1063;Other property that shall be in joint possession.Husband and wife have equal rights to dispose of their joint property, which shall be disposed of by mutual agreement upon divorce.If no agreement can be reached, the people’s court shall make the distribution. The court shall follow the principles of upholding equality between men and women, protecting the rights and interests of women, and caring for the innocent party.Yan derailed after marriage is irrepressible evidence, also so arrogant force a wealth out of the house, she let a wealth by encumber speechless.But does not represent the law will support, once two people really divorce proceedings, the judgment will be biased to no fault of a wealth.However, when they got married, they agreed to hang most of their property in his father-in-law’s name, and Ah CAI did it honestly, leaving little in their couple’s hands.Even if he followed the no-fault principle, his share of the property was small, and he was still poor.The only thing that can be contested is custody, which is decided in the best interest of the minor child, with the true wishes of the child over the age of eight taken into account.According to Article 46 of the Civil Code, parents are required to take direct custody of their minor children who have reached the age of two.Priority shall be given to either party under any of the following circumstances :(1) he has been sterilized or has lost the ability to bear children for other reasons;(2) If a child has been living with the child for a long time, changing the living environment is obviously detrimental to the healthy growth of the child;(3) there are no other children, but the other party has other children;A CAI fits two of them, plus a Yan’s derailment, the fight for custody is advantageous to him.Although said a Yan want to let a wealth less than how much property, but also unwilling to children to a wealth, both sides had to take a step back.After many negotiations, it was decided that The three children would be raised by A Yan, who would pay 1,500 yuan a month.The condition is that A Yan give a house to a CAI to live in, of course, it does not mean that the house is given to him.When he passed away, the house would go to the eldest daughter. Ah CAI was satisfied with the result. After all, all he had ever wanted was a place to live.