After his wife disappeared for 18 years, he actually appeared to ask for compensation for the expropriation of the house. (Schematic / taken from pexels)
A mainland woman surnamed Li left home 18 years ago without any news. Six years later, her husband surnamed Liu petitioned the court for divorce. Unexpectedly, following the house was expropriated recently, she actually showed up and filed a lawsuit with the court, demanding equal share of compensation. After the trial, the court held that there was no division of the common property at the time of the divorce, so it might not be presumed that Li Nv gave up the right to divide the property, and sentenced Liu Nan to pay 216,000 RMB (regarding NT$955,000).
According to the “Upstream News” reported by Lu media, a woman surnamed Li and a man surnamed Liu registered their marriage in 1984. After the marriage, they had a son. They purchased a bungalow during the marriage and built it into a two-story building; however, the woman Li left home in 2003. After that, he never went home once more, and there was no audio at all. Liu Nan petitioned the court for divorce in 2009, and the judge granted the divorce in the absence of Li Nv.
In April 2021, the house was expropriated, and Liu Nan received RMB 500,000 (approximately NT$2.213 million) in compensation, plus compensation from neighbors for occupying the land, a total of RMB 560,000 (approximately NT$2.48 million) was obtained. . Unexpectedly, two months later, Li Nv, who had been missing for 18 years, actually appeared and filed a lawsuit with the Datong Lake Court, demanding an equal share of the compensation.
Liu Nan was reluctant to this, claiming that the two parties had already decided to divorce for many years, and it should be considered that his wife had already given up the right to divide property. However, following the trial, the judge held that the expropriated house was the common property of both parties during the marriage relationship, and the two parties did not divide the common property during the divorce. Therefore, it cannot be presumed that Li Nv gave up the right to divide the property. The claim for compensation shall be supported.
The judge pointed out that considering that following Li left home in 2003, she did not fulfill her obligation to manage the common property, so the maintenance fee should be deducted, and Li also failed to fulfill her family obligations, so she finally ruled that she might only get 216,000 yuan. (approximately NT$955,000). Li Nv refused to accept and filed an appeal, and the Yiyang Intermediate People’s Court of the second instance court rejected the appeal and upheld the original judgment.
