27 Jul 2008

Her husband sold without a common housing how to do

Shimei and Chen Dong husband and wife are both working in a factory in Chengdu, and co-workers bought a set of affordable housing. , Shimei due to theft, the court sentenced one year and five months. His wife were detained in the detention center that period of time, Chen Dong without the consent of the wife, two purchased by the fitness room sold to a third person Wang. Shimei after release, found baffling property were sold, they have nowhere to shelter, then a huff, her husband and Wang Li will be to court, asking the court to order the two signed a contract invalid, Wang Tengtui housing. Yesterday, Wu Hou court heard the case.






Her husband sold the wife released from prison after Caizhi

Shimei as a guard in a factory in Chengdu. September 2005, Shimei Momou colleagues suggested that the factory could be the equipment and scrap metal Nachulaimai out, the money in two equal basis. In October 6, while Shimei Momou National Day on duty, to contact the side of a shortage of Carpenter, drove into the factory warehouse scrapped the stolen military equipment. Sell equipment, and Shimei Momou 2,000 yuan each share of money. Unexpectedly Dongchuangshifa, the court sentenced them to one count of theft, and five months.

Last year, on March 10, Shimei release, that they can begin a new life, but Wan Wanmo thought that her husband has a total of the husband and wife sold the house. Shimei's nowhere to shelter, forced to "Dayimieqin", her husband to court.

Maifang excuse to buy a house who said his wife informed

9:00 yesterday, Wu Hou Court in a courtroom, Liang Kouzi court. "I see a trial of 10, certainly did not feel that I am out of the opportunity, quietly put the house sold." Shimei said that she was in the detention center, has never mentioned to her to sell the house Chen Dong, They will be a total of the fitness room, Wang sold to a third person, and signed a "contract for the sale of housing." Shimei stated categorically that, with her husband Wang malicious collusion, conspiracy sale of two houses. And the two couples were property, not after she agreed to sell, the contract is null and void the contract.

Why should we sell the house the couple shared » Chen Dong Banshang could not reason. "I am a well-intentioned, has nothing to do with me." Purchases of Wang that was visible buy a house, although only one of Chen Dong in the contract was signed, but she asked Chen Dong, Chen Dong was aware of the matter and inform Shimei Maifang agreed. At the same time, the Representative Is Appointed by Wang Li, Shimei in the detention center, although limited personal freedom, but her lawyers, by letter, telephone and other means to contact with the outside world. The case will be optional on the court sentencing. (All figures in the text of a pseudonym)

Bar argument

Joint property distribution, must be shared

Maifang for this case, a Sichuan-lawyer firm Lvliang that Shimei and Chen Dong of the husband and wife, the house was purchased after the marriage, property belonging to the two sides must be mutual punishment. Permitted within the scope of the law, we must husband and wife both sides agreed to be sold to a third house. The case also involves two key issues: First, the state provides affordable housing can not flow directly into the market, the parties can not be traded. Secondly, if the house has run property rights card, then a third person can be easily found, with the exception of owner Chen Dong, whether there are any other owners. Wang said he had asked Chen Dong, Wang Li, Chen Dong told, is in agreement with the consent of Shimei after the sale of housing, but I said no with this requires the written authorization Shimei to prove. Therefore, Wang Li, the obligation to know is whether the Housing Authority agreed to sell a total of the people. Chen Dong and Wang signed a contract for the sale of housing, may be recognized as invalid contract.

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