Guangdong Chengyuxin law firm
Contact: lawyer liu
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Zhao mou by breaking up the building, respectively, among the children, but zhao mou have the daughter to share house living rights, zhao mou on the grounds that the daughter did not let it live now, sued to cancel the separation agreement, to determine the daughter share houses owned by zhao mou. The case has been heard by the people's court of miyun county, Beijing, and it is believed that zhao did not provide evidence to prove that his daughter refused to let the house live, and rejected zhao's lawsuit.
Zhao has a relationship with cheng, who is a villager of a village in miyun county, who is in his 60s, but has been fighting for years. On April 5, 2014, zhao mou and separation with their children, cheng will be in the home two homes Zhao Yi Zhao Jia between the daughter and son, split between one single in the agreement, zhao mou over the course of his life in the house of daughter to share live, daughter live, if you don't let zhao mou daughter zhao mou can through the court will share the house back. Cheng lives in the house where his son is divided, and if the son does not let cheng live, cheng can take back the house that his son is divided by the court. Zhao, cheng and his children signed the agreement in person, and stamped the handprint. On April 8, zhao divorced cheng. Now zhao mou, the daughter does not let her house of residence on the ground, request to withdraw the branch agreement, reconfirm the house that the daughter divides is zhao mou all.
Cheng, zhao, and zhao argued that the family agreement was the real meaning of the family members. Zhao did not let zhao live in the house. Zhao mou to Sue zhao mou is the real cause of want to remarry with others, and they asked zhao mou must have a house, but zhao mou has the house to the children, so zhao mou then want to Sue the building to come back.
The court heard that the contract established according to law is legally binding on the parties. The parties shall fully perform their obligations in accordance with the contract. The parties have a duty to provide evidence for their claims. In this case, the separation property agreement of ling zhao mou,, Zhao Jia, cheng Zhao Yi dispose of family property, the agreement is not in violation of the provisions of laws and regulations of mandatory, the agreement is legal and valid, zhao mou,, Zhao Jia, cheng Zhao Yi shall perform their respective obligations in accordance with the provisions of the agreement. Now zhao mou citing Zhao Jia don't let the residential house, asked to determine the agreement on the ownership of the property involved in the, because zhao mou does not recognize the fact of not let zhao mou residential houses, and zhao mou also did not provide adequate and effective evidence to prove it, therefore, rejected the zhao mou of the claims in accordance with the law.