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Both sides of the husband and wife when the agreement divorces reachs house property the clause of donative children, in bilateral party already below the circumstance that the agreement divorces, one party goes back on his word request cancel is donative when the clause, is divorce agreement donative filial house whether aleatoric cancel?
(the picture comes from a network)
Recently, the Anhui province mounds in relief city too encountered to make her particularly irritated with villager king lady of the county the thing of the heart:
Ask
"Wang Mou and Li Mou registered mechanism agreement to divorce in marriage in July 2017, the belongings that its sign breaks up consultative agreement: Bilateral common property building puts in minor son 's charge one set all, the son lives along with Wang Mou, this room of short duration lives by Wang Mou and son.
After some divorces, Li Mou and king marry with other again, because economic element Li Mou refuses,reach change the name of owner in a register of building property right son under one's name. In September 2018, li Mou is sued say to court of first instance, its decreased before income comparing at present a lot of, house price rises all the time, its and wife are forced to hire a room to live. When divorcing with Wang Mou, oneself consider not, temporarily impulse abandoned house property. The house property because of donative son have not change the name of owner in a register, the house property in asking cancel divorce agreement is donative clause, how should I and son do? How should I and son do??
Mr Li will mound in relief city too help a center with law of prefectural judicatory bureau
Sought advice from legal aid to be on duty lawyer
This period lawyer introduction
Gao Jing Pu
Mound in relief city too with law of prefectural judicatory bureau aid center is on duty lawyer
Office of attorney of day of Anhui day couplet
The lawyer solves:
Li Mou goes back on his word to problem of donative house property, its advocate devoid fact and legal basis, support won't be won in judicatory practice.
Li Mou and Wang Mou are when divorce of agreement of the marital mechanism that register, bilateral and freewill will collective all house property are donative minor children, true meaning shows party of both sides of this agreement department, without con, threatening case. Below the case that already became a fact in bilateral divorce, li Mou goes back on his word to problem of donative house property again, its advocate devoid fact and legal basis.
The lawyer reminds:
" top people court about marriage law of applicable People's Republic of China the explanation of a certain number of problems 2 " the 9th regulation: After agreement of both sides of male and female divorces go back on his word with respect to belongings problem inside a year, the request is changed or cancel belongings breaks up an agreement, people court ought to be accepted. After people court is tried, did not discover those who wait for case the presence when concluding belongings breaks up an agreement is con, threatening, the suit that ought to reject party lawfully requests " regulation.
Offer sketch: Too help a center with law of prefectural judicatory bureau
Editor: Cheng Guanyu
Plan: Yang Shouqing
Additional: A large number of vermicelli made from bean starch still do not have the habit that assist nods after nurturance is read, after hoping everybody is read, be in right lower part " looking " place nod an assist, encourage in order to show! A person holds to for a long time true not easy, want to abandon for many times. Holding to is a kind of belief, dedicated it is a kind of manner! ! !
