Recently, the entertainment industry has seen explosive news soaring. Suddenly, all kinds of gods and eight immortals cross the sea and show their magical powers. First, Fan Bingbing and Li Chen announced their breakup, then Song Joong Ki and Song Hye Kyo will not divorce, and then Wang Baoqiang's mother died, causing painful fainting. Next, yesterday's news broke out. Wang Baoqiang sold American real estate at a low price, which caused heated discussions. From a legal perspective, whether Wang Baoqiang's ex-wife Ma Rong can get the money. This morning's news broke: Tang Yan's pregnancy photo was overwhelming for a while. Fortunately, I could sit calmly in the office and write articles for all the babies, haha...
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Wang Baoqiang, born on May 29, 1984 in Xingtai City, Hebei Province, is a male actor and director in mainland China. Wang Baoqiang started practicing martial arts at the age of 6 and worked as a lay disciple at the Shaolin Temple in Songshan at the age of 8.
According to Hong Kong media reports, a property in Pasadena, Wang Baoqiang and his ex-wife Ma Rong in , Southern California, , has been sold on the market. According to the real estate agent, the house was purchased for US$1.2 million. After five years, the listing price is less than US$1.3 million, which is almost a loss-making effort. Maybe Wang Baoqiang wanted to sell it at a low price.
This property is located on Riviera Dr, Basadina City. The area is dominated by foreign residents and is very peaceful. According to real estate information, the house has four bedrooms, three bathrooms, 2,315 square feet indoors, covering an area of 14,000 square feet, and a swimming pool behind the house. However, although the Internet shows that the property has been on the market for nine days, there is no sign for sale at the doorstep.
This house was purchased by Wang Baoqiang and his ex-wife Ma Rong at the end of 2013, and the price is US$1.2 million, and it has been held for five and a half years. But now it is listed for US$1.298,000. Real estate agent Zhan Jing said that selling a house also has costs, and adding various fees to the real estate agent's commission is about 6% of the real estate price. Therefore, the price increase of this house is 90,000 US dollars, which can only cover the cost of selling the house, which is almost equivalent to not making money. Maybe Wang Baoqiang wanted to sell it at a low price.
In addition, this house is the joint property of Wang Baoqiang and Ma Rong after marriage. Whether it is mainland or foreign laws, after the house is sold, the money is divided equally by the couple.
From the perspective of a lawyer, the legal consequences of divorce are not only related to the relationship between marriage itself, but also involve the support of children and the division of property. Previously, Wang Baoqiang and Ma Rong were in a relationship and Ma Rong cheating, and Wang Baoqiang litigated and divorced. Let’s take a look at whether Ma Rong can still get the money by selling the property he bought in the United States at the end of 2013 at a low price.
The legal consequences of divorce are not only related to the marriage relationship itself, but also involve the division of children and property. It is reported that Wang Baoqiang filed a divorce in Chaoyang Court at that time, believing that during the marriage, Ma Rong not only had an improper extramarital gender relationship with her agent Song Zhe , but also had bad behaviors of hiding and transferring the couple's joint property, destroying the family and hurting the family, causing the relationship between the two parties to completely break down. He requested the termination of the marriage relationship between the two parties and ordered them to raise their children in marriage. Ma Rong paid the child support fee in accordance with the law until the child was over 18 years old, and divided the joint property of the couple according to law. In the early morning of August 14, 2016, the famous actor Wang Baoqiang posted a "statement" on his Weibo, claiming that "there is now that Ma Rong and my agent Song Zhe's improper extramarital relationship seriously hurt the marriage and destroy the family. He solemnly decided to terminate my marriage and Ma Rong and also terminate Song Zhe's position as agent."
1. Prerequisites for divorce
1. People's court heard a divorce case. The permission or non-permitment should be based on whether the relationship between husband and wife is broken as the distinction limit.To determine whether the relationship between husband and wife has indeed broken down, we should analyze comprehensively from the aspects of marriage basis, post-marriage relationship, the reasons for divorce, the current status of the relationship between husband and wife and whether there is a possibility of reconciliation.
"Several Specific Opinions on How to Determine the Couple's Relationship Has Determined in Divorce Cases" stipulates 14 situations and is considered to be the Couple's Relationship Has Deadly Breaked:
1 One party suffers from a statutory prohibited marriage disease, or one party has physiological defects, or cannot have sex for other reasons, and it is difficult to cure.
2 Lack of understanding before marriage, got married hastily, and did not establish a relationship between husband and wife after marriage, making it difficult to live together.
3 I concealed mental illness before marriage and could not be cured after marriage, or I knew that the other party was suffering from mental illness before marriage and got married, or I was suffering from mental illness during the couple's life, but I couldn't be cured for a long time.
4 One party deceives the other party, or commits fraud during marriage registration, and defrauds " Marriage Certificate ".
5 After the two parties registered for marriage, they did not live together and had no chance of reconciliation.
6 Arranged, traded marriage, or one party immediately filed for divorce, or even though he had lived together for many years, he did not establish a relationship with his husband and wife.
7 If you have been separated for 3 years due to emotional discord, and there is no possibility of reconciliation, or if you have been separated for 1 year after the People's Court's judgment is not allowed to divorce, and you will not fulfill your husband's wife's obligations.
8 One party commits adultery or lives illegally with others, but still shows no repentance after education. The party at fault sues the divorce, or the party at fault sues the divorce, and the other party does not agree to the divorce. After criticism, education, punishment, or after the people's court ruled that the divorce was not allowed, the party at fault sued for the divorce, and there is no possibility of reconciliation.
9 One party is bigamy and the other party filed for divorce.
10 One party is lazy and hates labor, has bad habits such as gambling, and fails to fulfill family obligations and fails to correct them after repeated education. It is difficult for the couple to live together.
11 One party was sentenced to long-term imprisonment in accordance with the law, or his illegal or criminal acts seriously hurt the relationship between the couple.
12 One party has been missing for two years and the other party sued for divorce. After the announcement, there was no whereabouts.
13 If you are abused or abandoned by the other party, or abused by the other party’s relatives, and if you do not change after education, the other party will not forgive you.
14 The relationship between husband and wife has indeed broken due to other reasons.
2. Regarding the custody of children
"Several specific opinions on handling child support issues in the hearing of divorce cases" stipulates a basic principle, that is, when the court handles divorce cases, the custody of children shall be properly resolved from the perspective of benefiting the physical and mental health of the children and protecting the legitimate rights and interests of the children, and in combination with the specific circumstances of the parent's ability and support conditions.
The relationship between parents and children will not be eliminated due to parents' divorce. After divorce, the children are still children of both parents, whether directly raised by the father or mother. The Wang Baoqiang incident involves a pair of children. There is information on the Internet that shows that the son is 6 years old and the daughter is 5 years old. The custody of children of this age group should be determined from a legal level by negotiation between the parents. The general handling of the ownership of child custody is as follows:
1 Children under the age of two generally live with their mothers.
(1) Children during breastfeeding should be raised with the breastfeeding mother as the principle;
(2) The two parties reached an agreement that children under two years of age would live with their father, and it would be feasible that they would have no adverse impact on their children's healthy growth.
2 For children over two years of age, both the father and mother require them to live with them. If one party has one of the following circumstances, priority may be given:
(1) Has undergone sterilization or has lost fertility due to other reasons;
(2) A child lives with a longer life and changing the living environment is obviously unfavorable to the healthy growth of the children;
(3) There are no other children, but the other party has other children;
(4) A child lives with him, which is beneficial to the growth of the children, while the other party suffers from infectious diseases or other serious diseases that cannot be cured for a long time, or there are other situations that are not conducive to the physical and mental health of the children, and it is not advisable to live with the children.
In short, it is a major premise to protect the interests of children. Even if both parents reach a consensus on taking turns to raise, it is OK. If a minor child over ten years old has a dispute with his or her father or mother, the child's opinions should be considered.
This is the key point, please read it three times: [About the division of common property of husband and wife]
The law allows The couple to negotiate on property issues when they divorce . For those who have not reached an agreement, the court shall make a principle judgment on the principle of taking care of the children and the rights and interests of the woman based on the specific circumstances. The wages and bonuses obtained by husband and wife during the marriage relationship; the income from production and operation of intellectual property; the property obtained from inheritance or gift, except for the property determined in the will or gift contract that belongs only to one of the husband or wife, it belongs to the common property of the husband and wife. If there is no special agreement between the two parties, the handling shall be carried out in accordance with the principle of 50% and 50%. In addition, Wang Baoqiang believes that Ma Rong has hidden or transferred the joint property of his husband and wife. According to the provisions of the "Several Specific Opinions on Handling Property Division Issues in Handling Divorce Cases", he advocates that Ma Rong should give a small share or no share when dividing property.
In the Wang Baoqiang incident, Ma Rong's cuckolding of Wang Baoqiang can be defined as the spouse living with others as stipulated in Article 46 of the Marriage Law. Wang Baoqiang, as the party at no fault, has the right to request compensation for damages. Of course, the condition for all this is that Wang Baoqiang has never done anything similar, but it seems that this is not the case. Some netizens revealed that he kept three female college students, which added new information to the baby's divorce incident, and the "fire" is getting worse and worse.
What kind of property belongs to the joint property of husband and wife? How much joint property does a couple have? This is a common problem in judicial practice. Once the situation reaches the point of divorce, especially when it comes to litigation and divorce, it is difficult for the original couple to sit together and have a calm conversation. Even in such a serious place in the court, there are cases where both parties cursed each other and even attacked each other. At this time, many people choose to conceal the common property of the couple (pretending to be stupid, having a ignorant type, having a question and having no idea, playing Tai Chi type, etc., and use all their skills to make the other party pay less of their property), or sell the common property of the couple through some legal means to create common debts. It is precisely because of this that divorce is filled with many uncontrollable factors, which makes it impossible for those who could have divorced; those who did not want to divorce really, are really doing fake dramas.
I suggest: Divorce cases are on the rise year by year. Nowadays, marriage has completely broken the traditional concept of marrying chickens with chickens. In fact, I do not agree with the moral and even legal constraints of divorce in the old days, no matter what the situation is, but the flash marriage of modern people has surprised me even more. What about getting married after 10 days of knowing each other, divorce the next day of marriage, etc. Marriage is sacred. Before you identify a person from the bottom of your heart, please be cautious, be cautious, and be cautious!
