When I was in school, I almost took the first place in the Chinese exam, and Kapibala, who was still the representative of the language class, did not calmly ask whether leaving the house meant giving up all marital property?
Xiaomei and Xiaoshuai sent an email on the eve of their divorce, leaving evidence that they were willing to "leave the house" for divorce. About ten years later, Xiaomei court sued to divide the marital property with Xiaoshuai, guess what the court decided?
Legally, does "leaving the house" mean giving up all marital property?
I am Lawyer Young Ahren, a lawyer who only tells the truth and only answers questions from real cases that can be found on the court's official website.
Taking the case as a mirror, you can know the victory or defeat, and using others as a mirror, you can know the gains and losses. (2020) Hu 02 Min Zhong No. 2770 Judgment The court held that
Xiao Shuai appealed, claiming that he and Xiao Mei had actually reached a consensus on the disposal of the property at issue at the time of divorce, but Xiao Shuai did not provide conclusive evidence to substantiate this. As to the e-mail sent by Xiaomei that Xiaoshuai mentioned that it contained the words "clean out of the house", it was sent by Xiaomei before her divorce from Xiaoshuai, and it is difficult to conclude from the above and the following that Xiaomei gave up the property rights of the property at issue. Judging from the multiple follow-up lawsuits between Xiaomei and Xiaoshuai after the divorce, it can also be confirmed that Xiaomei and Xiaomei did not form an agreement to voluntarily and unconditionally give up the joint property (the property at issue) between Xiaomei and Xiaomei when they mediated the divorce.
Students who are good at Chinese here should pay attention to the fact that the understanding of words in the real court is not limited to the understanding of the meaning of the text taught by language.
