Father is seriously ill The husband is sold the room to lodge a complaint by the wife in order to raise the medical fee

Father is seriously ill The husband is sold the room to lodge a complaint by the wife in order to raise the medical fee
Father is seriously ill The husband is sold the room to lodge a complaint by the wife in order to raise the medical fee
Father is seriously ill, the son raises the medical fee everywhere, have to sell the house to others finally. Who knows the wife disagrees with selling the room after knowing, informing him that goes to the court, require the court to confirm the deal contract that husband and others signed is invalid. Because of house being the intersection of couple and common property, deal must two people agree court adjudge husband sign deal contract to be invalid recently. The husband sells the room and raises the money and rescues the father Li MingYong (assumed name) From Yongchuan, at the end of 2009, his father falls ill to need medical fee of more than 100,000 yuan, otherwise there are life dangers. He try every possible means to raise the money everywhere, if he can not take out so much cash for the moment. In this course, he wants to sell a house property that his home lay in Yongchuan district. In December in the same year, Li Ming stepped on the information of selling second-hand house bravely on the net, and leave the telephone number. Later, a gentleman whose surname is Liu expressed willingness to buy after seeing his house, after both sides bargain, confirm total price of the house as 108,000 yuan. On January 24 this year, Li Ming signs the deal contract of the house with Mr. Liu bravely, and collect Mr. Liu's deposit of 8000 yuan. Both sides agree on, get notarial office notarize February 8 still, notarize Mr. Liu to pay room style of 100,000 yuan the same day. Wife inform, go court husband " sign behind the contract, I phone wife say, sell for the house, but is opposed by wife. " Li Ming says bravely. Moreover, the second half of this year, Ming brave wife Chen Hui Li (assumed name) Lodge a complaint Li Ming bravely also, Mr. Liu becomes the defendant too. Hui Chen require court judgement Li and house signed Liu deal contract invalid. Chen Hui claims, she got married with Li Ming in brave 1989, bought the house involved in the case in 1998 and though only wrote the name of brave a person of Li Ming on the property ownership certificate, but the common property of the couple. Sells the house without her consent, infringes her rights and interests if Li Ming is brave. "In fact she knows. " In the court, Mr. Liu debates and claims, he sees Li MingYong make a phone call to her to discuss and sell relevant matters in the house. He think it is grass Chen that think it is cheap for house to sell, so unwilling to sell for. And did not know either it is for rescuing father that Li Ming sells the room bravely before him, so did not take advantage of precarious position by oneself. Later, both sides, for the numerous negotiations of deal question of the house, he expressed willingness to add thousands of yuan and buy this house, but not consulted eventually. Finally, Chen Hui reaches what the court prosecutes. But when Mr. Liu and Li Ming sign a contract bravely, indeed there is no Chen Hui's signature, also there is no evidence of Chen Hui's trust deed,etc.. That is to say, Mr. Liu has no evidence to prove Chen Hui agrees to sell this house. Wife does not agree the house can not be sold in the court, Li MingYong admits selling the house and has not had the concurrence of wife too. After signing the contract, he phones to tell the wife, the wife lets him return Mr. Liu the deposit right away. But Mr. Liu insists on buying this house, both sides have consulted for several months and come to nothing. According to the stipulations of law of real right, together altogether someone shares ownership to the real estate or movable property owned in common, punishing the real estate owned in common should get the permission of someone common altogether of all. Mr. Liu has no evidence to prove this house is brave personal property of Li Ming, also evidence does not prove Chen Hui agrees to sell this house, so, the court can only sentence Mr. Liu to lose a lawsuit. (Mo XueQing)


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