The referee wants something.
If one party conceals, transfers, sells or destroys the joint property of the husband and wife during or before the divorce proceedings, or forges debts in an attempt to encroach on the property of the other party, when the divorce divides the joint property of the husband and wife, the property may be divided less or not in accordance with the provisions of Article 47 of the Marriage Law of the people's Republic of China.
Relevant articles of law
Article 47 of the Marriage Law of the people's Republic of China
Basic case
The plaintiff Lei Mou (female) and the defendant Song Mou registered their marriage on May 19, 2003. both parties remarried and did not have children after marriage. After marriage, the two sides were at odds with each other over trivial issues in the first half of 2013 and separated in February 2014. Lei sued Song for divorce in March 2014, but the relationship between the two sides did not improve after the court rejected it. In January 2015, Lei again sued the court for divorce and divided the husband and wife's joint property in accordance with the law. Song believes that the relationship between husband and wife is not broken and does not agree to divorce.
Lei claimed that Song had a joint deposit of 370000 yuan in the account of the Postal savings Bank of China, and submitted vouchers for deposit and withdrawal and transfer vouchers as evidence. Song said that the 370000 yuan came from premarital house demolition compensation and pension, and now there is still about 200000 yuan (including pension 14 322.48 yuan), and submit account records, judgments, case receipts and other evidence.
Song said Lei had a joint deposit of 250000 yuan, which was required to be divided in accordance with the law. Lei did not approve of this, and in the trial of first instance, he submitted transaction details of his account ending with ICBC number 4179 since January 26, 2014, showing that the balance of the account was 262.37 yuan as of December 21, 2014. During the second trial, on the application of Song, the court transferred the bank details of Lei's account of the above-mentioned Industrial and Commercial Bank of China since November 26, 2012, showing that Lei transferred 195,000 yuan in the account to Lei Mouqi through ATM transfer and card withdrawal on April 30, 2013. Song Mou believes that the deposit is his pre-marital house rental income, should be jointly owned by both parties, Lei Mou will transfer the husband and wife's joint deposit before the divorce. Lei proposed that the deposit was the income from running the hotel, and began to say that the money had been used for the joint expenses of husband and wife, and later to repay his niece's loan, but Lei did not provide corresponding evidence to prove his claim. In addition, Lei Mou agreed in the trial that the deposits in their respective names should be owned by each other, and they would pay Song Mou 100000 yuan separately, but Lei went back on his promise and did not agree to pay.
Referee result
Beijing Chaoyang District people's Court issued (2015) Civil judgment No. 04854 of Chaominchu on April 16, 2015: Lei was granted a divorce from Song, and the deposit in the account of Industrial and Commercial Bank of China ended with 4179 under Lei belongs to Lei. The deposits in Song's Postal savings Bank accounts ending with 7101, 9389 and 1156 are owned by Song, and other property and debt problems are dealt with. After the verdict was pronounced, Song filed an appeal, asking for the division of deposits under Lei's name, the joint property of husband and wife. The Beijing Municipal No. 3 Intermediate people's Court issued (2015) Civil judgment No. 08205 of the people's final word of No. 3 Middle School on October 19, 2015: maintain the other judgments of the first instance judgment and rescind the third judgment of the first instance. It was changed to sentence that the deposits in the industrial and commercial bank of China ending number 4179 under Lei's name belong to Lei, and the deposits in Song's Postal savings Bank's 7101 account, 9389 account and 1156 account are owned by Song Mou. Lei shall pay Song 120000 yuan within seven days from the effective date of this judgment.
Referee reason
The effective judgment of the court held that marital relationship is based on the feelings of husband and wife. Song Mou and Lei Mou had contradictions due to trifles in the course of their common life. After the court ruled that divorce was not allowed, the relationship between the two sides still did not improve. After court mediation, the relationship between husband and wife had indeed broken, and divorce should be granted to both parties.
During the second trial of the case, the focus of the dispute between the two sides was whether Lei so-and-so transferred the joint property of husband and wife and how to divide the deposits in the name of both husband and wife. The second paragraph of Article 17 of the Marriage Law of the people's Republic of China stipulates: "husband and wife shall have equal rights to dispose of jointly owned property." Article 47 stipulates: "at the time of divorce, if one party conceals, transfers, sells or destroys the husband and wife's joint property, or forges debts in an attempt to encroach on the property of the other party, when dividing the husband and wife's common property, the party who conceals, transfers, sells or destroys the husband and wife's joint property or forges debts may be divided less or not. After the divorce, if the other party discovers the above-mentioned acts, it may file a lawsuit with the people's court and request that the husband and wife's joint property be divided again. " That is to say, during or before divorce proceedings, one party conceals, transfers, sells or destroys the joint property of husband and wife, or forges debts in an attempt to encroach on the property of the other party, thus infringing upon the husband and wife's right to deal with the common property equally. when divorce divides the husband and wife's common property, they shall divide little or no property in accordance with the provisions of Article 47 of the Marriage Law of the people's Republic of China.
In this case, regarding the division of deposits under the names of both parties, combined with relevant evidence, the deposits converted from Song XX's pre-marriage house demolition funds should belong to Song XX personally, and the pension insurance benefits obtained by Song XX after marriage should belong to the joint property of the couple. The deposits in China ICBC account ending in number 4179 under Lei Moumou are income during the duration of the couple's relationship and should be divided as the joint property of the couple. On April 30, 2013, Lei Moumou transferred 195,000 yuan in the account ending in 4179 to the name of the outsider through ATM transfer and card withdrawal. Lei Moumou initially claimed that the money was used for family expenses, and later claimed that it was used to repay foreign debt. The statements before and after were obviously contradictory, did not provide evidence to prove his claims, and could not provide a reasonable explanation and explanation for the whereabouts of the money. Based on the facts of the case and relevant evidence, it was determined that Lei Moumou had circumstances of transferring or concealing the joint property of the couple. According to the above-mentioned legal provisions, Lei Moumou can share less of the deposit in the ICBC account ending number 4179 under Lei Moumou's name. Song Moumou advocated dividing the deposits under Lei Moumou's name, which complied with legal provisions and supported it. Therefore, it was ruled that Song Moumou's post-marriage pension insurance premium of 14,322.48 yuan would belong to Song Moumou, and Lei Moumou would compensate Song Moumou by 120,000 yuan for the 195,000 yuan deposit transferred by Lei Moumou.
