"It turns out that he had kept a hand when he got married. All the shops and cars are his personal property."
"Now we are divorced, he actually let me leave the house with nothing!"
A middle-aged woman in her early forties, wearing gold and silver, with a strong wealthy face full of anger, said to Luo Dazhao opposite: "Lawyer Luo, let me tell you the truth. I have consulted a few before coming here.
A lawyer, but they all said they were helpless and said that if I had divorced, I wouldn't get a penny."
"But I'm not willing!"
"I have been married to Zhao Zhibin for twenty-five years and gave him the whole youth. Now that I am old, he actually wants to kick me away and don't give me a penny. This is definitely not possible!"
"Lawyer Luo, you are the best lawyer in Longcheng. If you can't help me, I really have no choice."
After listening to the woman's story, Luo Dazhao smiled and said, "Mrs. Zhao, don't be anxious first. I just heard you say that your husband Zhao Zhibin has eight shops, right?"
"That's right." The woman nodded.
Luo Dazhang asked again: "Did your husband run these eight shops yourself or?"
"He doesn't have that ability. He rents it out. He only has about three million yuan in rent every year. He earns so much and is as scattered as an iron rooster. I spit!" the woman spat.
"That's easy to solve."
Luo Dazhang leaned behind the chair and said, "According to Article 17 of the Marriage Law of our country, the following property obtained by the husband and wife during the marriage shall belong to the couple's joint ownership:"
“One, salary, bonus;”
"Second, the income from production and operation;"
“Three, the income from intellectual property;”
"IV. Property inherited or donated, except as stipulated in Article 18, Paragraph 3 of this Law;"
"Five, other property that should be jointly owned."
The woman blinked and asked, "Lawyer Luo, what do you mean?"
Luo Dazhang said: "Mrs. Zhao, you should know that house rent is determined by the market supply and demand laws and is closely linked to the management status of the house itself. The income it obtains often requires investment in management or labor."
"So in practice, the tendency view generally believes that house rent should be classified as operating income."
"That is, the second situation in Article 17 of the Marriage Law I just mentioned."
"In other words, your husband's eight shops belong to his personal property, but after you get married until the date of divorce, the rent generated by the shop during this period is the joint property of your husband and wife."
"If you divorce, you can get half the rent."
Hearing this, the woman's eyes suddenly lit up.
The rents for the eight shops of Zhao Zhibin were very considerable. Although the rents in the past were not as high as they are now, the total rent over the past 20 years has been at least 40 to 50 million.
Half of it would be more than 20 million.
With this money, you will naturally have no worries about food and clothing and live a rich life for the rest of your life.
"I understand, thank you, Lawyer Luo." The woman thanked quickly.
Luo Dazhang said lightly: "You're welcome, just pay me 10% of the inquiry fee according to the target amount."
"Ah..."
The woman's face suddenly changed.
If she gets 20 million after the divorce and pays the consultation fee at 10%, wouldn’t she have to give it 2 million?
But Lawyer Luo just talked, why?
It seemed that she could see what the woman was thinking. Luo Dazhao's mouth slightly raised and said unintentionally: "Mrs. Zhao, go back first, consulting fee, it's not too late to consider the property division after your divorce lawsuit.
, as long as you can pay in full."
This casual sentence awakened the woman.
The person sitting opposite is not ordinary people, he is the best lawyer in Longcheng!
It is definitely not a wise thing to be foolish with him.
"Okay, then I'll go back first. Lawyer Luo, don't worry, I will definitely have a little bit of the consultation fee."
After saying that, the woman stood up and left.
Luo Dazhao smiled and shook his head.
I hope that woman can be smarter.
Even if she pays a 10% consultation fee, the remaining money is enough for her to live a free and comfortable life for the rest of her life.
But if she insists on playing rogue, Luo Dajue has his own way to make her cry even if she regrets it.
At this moment, the phone rings.
As soon as he saw the caller ID "Jiang Bai", Luo Dazhao's eyes lit up.
Other people's cases are ordinary and they really have no interest, but this kid Jiang Bai can come up with new tricks every time.
I don't know what happened this time.
Luo Dazhang answered the phone: "Hey, Jiang Bai, let me guess, is there another case?"
"Those who know me are Luo Dashi."
"That's how it is..."
Jiang Bai briefly explained the whole story of the matter and then said, "Luo Dazhang, I remember that you mentioned the crime of abandonment in a chat. Such acts of refusing to support an elderly mother should constitute the crime of abandonment.
Bar?"
Luo Dazhuo said in a deep voice: "It is not easy to draw a conclusion based on these situations. I need to have a face-to-face chat with the parties involved."
Criminal charges have strict constituent elements.
Anyone less is not a crime.
Take the sin of abandonment as an example. This sin has four components:
1. The object of infringement is the victim's equal rights among family members;
2. Objectively manifested as behaviors that are serious when old, young, sick or other family members who do not have the ability to live independently should be supported but refuse to support them;
3. The subject of this crime must be a person who has legal obligations to support the abandoned person and has the ability to support him;
4. Subjective aspect is manifested as intentional.
On the surface, the actions of the three brothers and sisters of the Liu family seem to meet the constituent elements of the crime of abandonment.
But there is a very important point, and they may not be satisfied.
That is "bad plot"!
The so-called bad circumstances should be judged comprehensively based on the method of abandoned behavior, the object of behavior, the results, etc.
According to judicial practice, if the victim is not cared for for a long time and does not provide a source of life, he will drive away the victim, force the victim to leave home, causing the victim to be displaced or have difficulty in survival, abandon the victim who suffers from serious illness or cannot take care of himself, and abandon the victim, causing the victim to be seriously in good health.
Damage or other serious consequences, as well as other similar circumstances, are all serious.
This is the controversy over whether this crime is valid.
Luo Dazhang needs to talk to Zheng Aixia in detail in person to understand the specific situation before making a judgment.
Jiang Bai is invincible.
Half an hour later, Luo Dazhang came to the ward of the Third Hospital of the City and met Zheng Aixia.