The room that husband and wife builds jointly, how became father-in-law’s individual property?
“Thanks to the prosecutor, I’d be sleeping on the street with my baby!”Recently, in Jiangsu Province Rudong County procuratorate 12309 prosecutorial service center reception room, Sun tightly held the prosecutor’s hand, tearful thanks.The dispute between Sohn and her ex-husband Jo s family has come to an end with the court s decision to revoke the ruling.Part of the case has been an important file on the prosecutor’s desk husband repeatedly sued for divorce, the only house can not be divided as a common property now more than 50 years old Sun mou is a standard sense of the housewife.She registered her marriage with Jo in 1987 and has been living an ordinary life since then.In order to let the outside struggle of her husband without worries, Sun mou one mind housework, pull two children grow up.However, 20 years of quiet life was shattered by a subpoena.One day in April 2006, sun was cleaning her house when she received a summons from the court. Her husband, Cho, filed a lawsuit for divorce.If sun was struck by lightning, she could not understand why her husband suddenly asked for a divorce when their two children were still young and their relationship was not broken.Sun mou firmly does not agree to divorce.Under the court’s mediation, Zhao finally agreed to withdraw the prosecution.The marriage is inseparable, but Jo s heart and soul are separated from home. Jo spends years away from home because of work, and Sohn is living a widowhood parenting life, focusing on her two children.However, the seemingly calm days are turbulent.In 2013, 2014 and 2015, Zhao sued the court for three consecutive years to divorce Sun.Sun was so disturbed physically and mentally exhausted, in July 2015, she finally agreed to divorce her husband through mediation, and the younger son was brought up by Sun.Later in the property division, Sun found that she and Zhao together funded the construction of nearly 20 years of the only house can not be divided as a joint property of the couple.That meant she had to leave the house with her young son, who was not yet an adult.What’s going on here?The fact that a house built jointly by the husband and wife was turned into his father-in-law s personal property began when Sohn s father-in-law, Cho, built a factory.In 1994, Zhao mou b established a company with its personal legal representative.In February 1997, the company on the grounds of new plant, approved to obtain the construction land planning permit, construction project planning permit, after zhao b and the company’s joint application, the land use right transferee was changed to Zhao B.The house named company workshop, actually for commercial and residential dual use.When the house was built in 1997, the couple were still working in other places, and they were responsible for the money, while Zhao Mou B was responsible for the effort at home and was fully responsible for building the house.After the house is built, Zhao mou b will build the house registered in the name of the company, a large family live in it.In 2006, the couple began to divorce, zhao’s father-in-law immediately sued the company in his own name, asking for the right to confirm the house in his name.Before the court session, Zhao a submitted a certificate to the court, which reads: Zhao a legal representative of the company.Subsequently, Zhao mou a as the legal representative of the company to appear in court to answer the lawsuit, the court recognized zhao Mou b submitted evidence and litigation request.The court accordingly in January 2008 to make the right judgment, determined that the house is owned by his father-in-law Zhao B.However, Sun mou to the impact of their rights and interests of the confirmation of no knowledge of the lawsuit, when she knew the verdict has been effective.Seeing the verdict, Sun was very angry, but suffering from a lack of legal knowledge, after repeatedly asking her ex-husband and father-in-law to explain in vain, she had to let it go.And is this right affirming judgment, in Sun mou finally decided to agree to divorce, but become an important inducement to let her homeless.In 2013, the two sides again after the divorce, Sun consulted legal personage that the house at this time does not belong to the common property of husband and wife, unable to divorce property division.After her divorce from Cho was mediated in 2015, Sun lived in the house with her young son, unaware of the legal risks involved.For five years from 2015 to 2020, Sun and Zhao lived in the same house, but their relationship was bad and they often quarreled.In September 2020, her father-in-law Zhao b believed that Sun mou and Zhao mou a after divorce also “lai” in the house, then filed a lawsuit to eliminate obstruction to the identity of the owner, asking Sun mou to move out of the house has lived for more than 20 years.”This is the only house I’ve had for over twenty years!I paid for it, and I’m not even qualified to live in it.”At this time sun mou anxious, multi run, send complaint materials everywhere, have not been able to get substantial help.Found obvious traces of alteration prosecutors seized the broken bureau “thread head” in March 2021, Sun holding a try mentality came to the Rudong County Prosecutor’s office submitted a complaint complaint materials, the hospital immediately accepted.Subsequently, the handling prosecutor quickly began to review and retrieved the entire case files, and found that the case involved many lawsuits: divorce disputes in 2006, 2013, 2014 and 2015, housing rights disputes in 2007, plus the elimination of obstruction disputes in 2020, a total of more than 30 cases of disputes.It is hard to imagine how many times sohn has experienced helplessness and despair over the past 14 years.In the face of thick files, the undertaking prosecutor tried hard to find clues between the lines, and finally found that there was an obvious mark of alteration in the indictment of the dispute case of housing right confirmation in 2007.In the original version of the indictment, the plaintiff was Sun’s former father-in-law Zhao B, and the legal representative of the defendant company was Also Zhao B, which may have found it awkward to “Sue yourself”. After the indictment was altered, the legal representative of the company became Zhao B’s son Zhao A.This “small alteration”, can zhao mou a will house “surrender” key?All of a sudden, the contractor caught the “thread” in the chaotic case.To confirm this one problem, undertake procurator goes to this county market supervises management department to verify discovery, the legal representative that this company registers still is zhao mou b, the company has not cancelled registration all the time.According to the regulations, the legal representative of the company can not be changed privately, if the change needs to be registered with the relevant departments for record.It is obvious that zhao’s change to the company’s legal representative was not registered in the market supervision department, but was altered on the indictment.Why did the Zhaos alter the indictment?Could it be as simple as a typo?With questions, the contractor prosecutor carefully investigated the relevant statements of the houses involved in the four divorce proceedings, and finally found that there were contradictions between zhao’s statements about the couple’s common property:When she filed for divorce in 2006, Cho admitted that the house was jointly funded by the couple, but when she filed for divorce in 2015, she claimed that The house was funded by Cho and that she had borrowed some money from Sohn and paid it back.But in response to the question “How much?Do you have credentials?”And other key issues, Zhao jia but evasive, with “time too long do not remember” “no receipt is not clear” on the grounds of perfunctory.From this, undertake procurator conjecturation, this housing property right change, it is very likely that zhao’s father and son in order to prevent divorce analysis of production play “double spring drama”, the purpose is to let Sun mou not deserve the share of property.After knowing the above situation, the procuratorial organ believed that there were some doubts in the case of the house right confirmation, such as the parties’ false statements and the attempt to transfer the joint property of the couple, so it issued a procuratorial suggestion to the court for a retrial on March 21, 2021, suggesting that the court retrial the case.On September 28, 2021, the court made a civil ruling after a retrial, ruling to revoke the 2008 judgment and admonishing Zhao.Cho also withdrew his lawsuit asking Son to move out of the house.This long – drawn-out divorce property division dispute has finally come to an end.Next, Sun may have to go through the real estate reconfirmation, division of the lawsuit, but at this moment, she finally in the prosecutor’s help from the fear of displacement to breathe.(Source: Procuratorial Daily by Ling Yan, Zhou Yu, Meng And Pan Qian)