Does the money my father gave me privately before the divorce belong to his and my mother s joint pr

Updated on society 2024-02-08
6 answers
  1. Anonymous users2024-02-05

    The money your father transfers to you is legally called a gift because you are an adult, but he has the right to take it back at any time. But it is not legal for him to give it without your mother's knowledge or consent, and your mother also has the right to take it back, because it is the joint property of your parents, so when they divorce, your mother has the right to propose to divide this part of the deposit. As for your second question, it's the same thing, your father doesn't have the authority to make this decision unilaterally.

    As for the solution, I just want to ask you one question: Do you think family affection or money is important? At this time, why are you still thinking about Qian Nick in your head?

    Think more about your parents!

  2. Anonymous users2024-02-04

    If it is your father's personal property, he can give it to you at any time. Not if it's a joint property (with your mother's consent).

    Your father is illegally transferring marital property without your mother's consent. After the divorce, if your mother finds out and pursues it, it will be against your father.

  3. Anonymous users2024-02-03

    Every penny and every item during the marriage is the joint property of both parties. Neither party may give it to anyone else, including its own children. If the mother suspects the transfer of the father's property, she has the right to claim property protection and applies for a review of the bank accounts of the other party or related person.

  4. Anonymous users2024-02-02

    Their joint property will be rejected even if it is given to you, I think your parents are yours, you don't need to be sad about this.

  5. Anonymous users2024-02-01

    Summary. Hello dear, it is not considered joint property, but you need to prove that it is your parents' money. For example, remittance records, etc.

    If your parents' money is deposited on your card, then you have no way to explain where the money came from, and when you divorce, your parents' money will be considered your joint property and will be divided.

    My parents' money is on my card, is it considered joint property in the event of a divorce?

    Hello dear, it is not considered joint property, but you need to prove that it is your parents' money. For example, remittance records, etc. If your parents' money is deposited on your card, then you have no way to explain where the money came from, then when you divorce, your parents' money will be considered as your husband's joint property and divided.

    Legal Analysis: It is necessary to be able to prove that it is indeed the parents' money, otherwise it will be distributed according to the joint property. Principle of division of property in divorce:

    1. The principle of equality between men and women; 2. The principle of taking care of the interests of the children and the woman; 3. The principle of conducive to life and convenient life; Fourth, the principle of compensation; 5. The principle of taking care of the innocent party. Basis for the Quiet Elimination of the Law: Article 1087 of the Civil Code of the People's Republic of China: In the event of a divorce, if the joint property of the husband and wife is to be disposed of by mutual agreement, the people's court shall, on the basis of the specific circumstances of the property, make a judgment in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.

    The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

  6. Anonymous users2024-01-31

    If the amount of money given by both parties to the parents is small and agreed by both parties, then it should belong to filial piety to the elderly, and this part of the money should belong to the normal living expenses of both parties, and cannot be recognized as joint property. If the amount is relatively large, it is a malicious transfer of property, the other party can claim to get back the money, and the money is still the joint property of the husband and wife.

    Legal basis

    Article 1092 of the Civil Code stipulates that if one of the husband and wife conceals, transfers, sells, destroys, or squanders the joint property of the husband and wife, or falsifies the joint debts of the husband and wife in an attempt to encroach on the property of the other party, when the joint property of the husband and wife is divided in divorce, the party may be divided with or without a share. After the divorce, if the other party discovers that he or she has committed any of the above-mentioned acts, he or she may file a lawsuit with the people's court to request that the joint property of the husband and wife be divided again.

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