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Couple of divorce of Shenzhen court decision deuces accumulation fund of endowme
From;    Author:Stand originally
Origin: Author: Time: 2008-09-05Tag: Click: Divorce of husband and wife should divide property for certain, so, endowment insurance and housing accumulation fund calculate do not consider husband and wife collective belongings, need to break up? A few days ago, shenzhen produced a such lawsuit, because the woman in the case is opposite when the divorce the annuities of former husband, accumulation fund, housing mortgages the belongings such as the paragraph to was not made break up, then anger and tell former husband the court, the requirement breaks up this belongings. The court entered a judgement a few days ago: Accumulation fund of endowment insurance gold, housing belongs to husband and wife common property, should give break up.

   Divorce wife should distribute accumulation fund

Zhang Mou and Liu Mou (male) married in April 1998, 2003, both sides shoulds not because of feeling, liu Mou mentioned to the court divorce suit, joint liability reachs the husband and wife that asks Zhang Mou to assume 280 thousand yuan break up house property, court of 2 people classics divorces after final judgment court decision.

After the divorce, zhang Mou remembers suddenly, "He still has endowment insurance, housing accumulation fund, and a contribution that the building mortgages a paragraph to also have me, these also are domestic worth! " then one paper indictment tells a court again, during the request breaks up marital relation to put add value 70 thousand multivariate belongings. As we have learned, gold of endowment insurance of its former husband is included in this money 37452.81 yuan, housing accumulation fund 16834.23 yuan, the building mortgaged ~ in December 2004 in Feburary 2004 fund capital 20683.73 yuan.

  The ability after retiring is gotten divide how now

Liu Mou is right of Zhang Mou it is strange to sue times feeling, the reason is, according to legal provision, endowment insurance gold should calculate after be obtained actually, the ability after he should retire presses a month to get to social security branch, cannot pay at all now, how can you regard as common property? In addition, during marriage puts add, the building mortgages the share that paragraph and accrual should give by Zhang Mou, pay alone by him, accordingly he does not agree to pay.

  Forensic court decision belongs to common property

Cognizance of a mountainous area court thinks south case classics Shenzhen, zhang Mou requests medium endowment insurance gold to lawsuit 37452.81 yuan, housing accumulation fund 16834.23 yuan, submitted social security detailed list of Liu Mou to the court, liu Mou is consentient to afore-mentioned evidence also. According to top people court " about marriage law of applicable < People's Republic of China > the explanation of a certain number of problems (2) " eleventh regulation, housing accumulation fund and endowment insurance gold belong to husband and wife common property, should give break up. And mortgage a paragraph to the building, because house property itself is common property, already put in Liu Mou 's charge now all, because this is mortgaged,the paragraph also should be common property. On put together, liu Mou should pay Zhang Mou to compensate a paragraph to add up to RMB 37485.39 yuan.
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