Chinese court hearing (Zhao Xianbin) the plaintiff and the defendant Xu Tong in November 14, 2012 in Heilongjiang Province, Nianzishan District of Qigihar City Civil Affairs Bureau marriage registration office for the registration of marriage, the plaintiff purchased a house on the same day, the registration of property rights in the name of a tong. Because of emotional discord, the two sides in September 19, 2014 at the marriage registration office for divorce registration and signed the divorce agreement, the agreement: House Xu all, the housing loan repayment by xu. Subsequently, the repayment of loans Xu 9 yuan. Xu Tong a performance requirements of property transfer procedures, and to refuse to handle a tong, Nianzishan District People's court to fraud, unfair grounds for revocation of the divorce agreement, re division of matrimonial property.
 
The court held that, according to the problems of People's Republic of China "marriage law" interpretation (two) regulations, after the court, did not find a division of property agreement fraud, coercion and other circumstances, should reject the request of the parties in accordance with the law. In this case, the plaintiff failed to provide evidence of fraud and coercion in the signing of the agreement, should bear the consequences of the burden of proof, so the housing should be in accordance with the agreement of the case to the defendant Xu all.
 
After the trial, the trial court dismissed the plaintiff's claim of a tong. Tong refused to accept the verdict, appeal to the Qigihar intermediate people's court. The hospital after hearing that the trial verdict, the facts are clear, the applicable law is correct, the judgment dismissed the appeal and upheld the original verdict.
 
The judge said
 
This case involves the validity of the divorce agreement signed by both parties in the Civil Affairs Bureau for the registration of divorce. Usually, the two sides signed the divorce agreement is legal and effective. The exception is that a party exists fraud, coercion, so that the other party to make a violation of their true meaning of behavior. A party that claims to be cheated and stressed bears the burden of proof. This burden of proof is difficult for the parties, even if the professionals engaged in legal work is difficult to prove. Marriage is different from the contract, the "contract law" stipulates: “ when the contract is concluded, if there is a significant misunderstanding or significant loss of contract, it can be revoked. ” but the marriage law does not have this aspect. Property division, is a party to the exercise of their rights and give up the process. In all aspects of family life, it is possible for a party to give up his right to be in the division of property. In the divorce agreement, there is no significant misunderstanding or significant loss of fairness. So, the author informs everybody, in divorce disputes, not impulsive, careful to exercise their rights. Once the agreement is signed, there is no legal basis, it is impossible to revoke the.