What if I file for divorce and all my previous property goes to the husband s custody

You can help you solve this problem through the court, and the previous property is in the custody of the man, and you should also have a share. So you don't have any psychological pressure, if you can't get over, if you want to divorce, you can protect your rights through legal channels. The law is fair and just.

By passing the law, you should be able to get your fair share.

1. If the husband refuses to perform the divorce agreement, the woman may file a lawsuit in the court, and the court will compel her to perform in the form of a judgment.

2. If the divorce agreement stipulates that the real estate belongs to the woman, the man shall assist the woman in handling the real estate transfer procedures after the divorce. If the husband refuses to provide assistance, the woman may file a lawsuit in court and request that the house be transferred to her name.

3. If the man still does not assist in the transfer of ownership after the judgment of the court, the woman may apply to the court for compulsory enforcement. In the course of compulsory enforcement, the court may directly rule to transfer the house to the woman's name and notify the housing registration authority to assist in handling it.

Interpretation II of the Supreme Court on the Marriage Law.

Article 8: The clauses on the division of property in the divorce agreement or the agreement reached by the parties on the division of property as a result of the divorce are legally binding on both men and women.

Where a dispute arises between the parties arising from the performance of the above-mentioned property division agreement, the people's court shall accept it.

Code of Civil Procedure.

Article 251:Where it is necessary to go through formalities for the transfer of property rights certificates and licenses during enforcement, the people's court may issue a notice of assistance in enforcement to the relevant units, and the relevant units must handle it.

Legal analysis: If you have not filed a lawsuit or have already filed for divorce, and it is found that the other party has already transferred property, you can apply to the court for property preservation.

1. If the situation is urgent, the party who has not transferred the property may apply to the court for property preservation before filing a lawsuit, and if the court rules to adopt property preservation measures after accepting the application for property preservation before litigation, it shall be enforced immediately. At this time, it is important not to file a lawsuit within 15 days after the preservation measures are taken, otherwise the court will lift the property preservation.

2. In addition, if the pre-litigation preservation requires the provision of secured property, and if the guarantee is not provided, the court will reject the application for property preservation, which will also create an opportunity and opportunity for the other party to transfer the property.

3. In addition, there must be evidence to prove that the other party has transferred the property of the divorce, otherwise the application for property preservation is inaccurate, and the applicant shall compensate the respondent for the losses suffered by the property preservation.

Legal basis: Civil Code of the People's Republic of China

Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the opinions reached through consultation on matters such as child support, filial piety property, and debt handling.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has broken down and mediation fails, the divorce shall be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

1. The man's pre-marital property. That is to say, before the husband and wife get married, after the property has been determined to have a clear ownership, after the two parties get married, the property is still owned by one party, this situation is more common, such as the car and house that the man bought before marriage, the man's contracted land in his hometown, etc., in short, there are legally clear provisions of the property that belongs to the man before marriage, and the woman has no right to ask for division when divorced, and the ownership of the property will not change because of time, which female friends should pay attention to.

2. The medical expenses and living allowances for the disabled received by the man due to physical injury. In today's society, especially in rural areas, a considerable number of people are disabled, and there are various reasons for disability, some are injured because of going out to work, some are injured because of car accidents, etc., and it is impossible to ask for a division of the one-time work-related injury subsidy, medical expenses, and living allowance for the disabled because of the injury, because these expenses are to ensure the future life of the disabled, so it is reasonable not to have the right to divide.

1. The ownership of the car and house bought by the man before marriage.

The car and house bought by the man before marriage belong to the man when he divorces, and even if the woman participates in the repayment of the loan after marriage, she will only return some of the loan money as appropriate, which is minimal. A car and a house are needed by every family, and they are also the places where couples have the biggest differences when they divide their property in divorce. Therefore, once divorce is involved, the property belongs to the man, and the woman has no right to claim a division.

If the house and car bought by the man in full before marriage are distributed and distributed, the woman has no reason to ask for a split. Nowadays, many people will buy real estate before marriage, which is a reflection of their worth and a kind of protection for themselves. If there are conditions, it is better to buy a house and a car before marriage, so that you have confidence and will not involve the issue of property division.

2. The house or car purchased by the parents after marriage.

Many people will mistakenly think that as long as they are bought after marriage, they belong to the joint property of the husband and wife, but this is not the case. Even after marriage, the house or car purchased by the husband's parents is still the man's private property. In this case, it is considered a gift from the parents to one of the parents.

Therefore, in the event of divorce, the woman has no right to divide. If you want to protect your rights, you can ask your parents to put your name on the title deed.

The property before the divorce is transferred by the husband in full: the parties can request the court to sue for divorce, divide the marital property, and protect the legitimate rights and interests before the divorce.

Where one of the husband and wife conceals, transfers, 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 dividing the joint property of the husband and wife in divorce, it may be divided less or no share.

After the divorce, if the person who is accompanied by the person discovers the above-mentioned acts, he may file a lawsuit with the people's court to request that the joint property of the husband and wife be divided again.

1. What should one party to the Civil Code do if he sells his or her marital property?

During the existence of the marital relationship, if one party sells the property of the husband and wife, one of the spouses may request the people's court to divide the joint property. In the event of a divorce, when one party sells the marital property and divides the joint property of the husband and wife, the party who sells the marital property may receive a smaller share or no 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.

Article 1092 of the Civil Code provides 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 dividing the joint property of the husband and wife in divorce, the other party may share less or no 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. Article 1066 of the Civil Code provides that during the existence of the marital relationship, under any of the following circumstances, one of the husband and wife may request the people's court to divide the joint property:

1) One party has conduct that seriously harms the interests of the joint property of the husband and wife, such as concealing, transferring, selling, destroying, or squandering the joint property of the husband and wife, or falsifying the joint debts of the husband and wife; (2) A person with a legal obligation to support one party suffers from a serious illness and needs medical treatment, and the other party does not agree to pay the relevant medical expenses.

2. Whether it is legal to transfer property through insurance before divorce.

It is not legal for property to be transferred through insurance before a divorce. Where one of the spouses 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, the other party may receive a small or no share of the joint property of the husband and wife when the divorce divides the joint property of the husband and wife. 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.

It depends. If it is a pre-marital property, then the divorce will go to the Sen Li man. If the property acquired by the husband during the marriage is in writing, then the divorce shall be vested in the husband after the divorce if the man and the woman have agreed that the property acquired during the marriage and the property acquired during the marriage shall be owned by each of them and in writing.

Article 1065 of the Civil Code provides that a man and a woman may agree that the property acquired during the marriage and the property before the marriage shall be owned separately or jointly or partly separately and partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is not clear, the provisions of articles 1062 and 1063 of this Law apply.

The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is legally binding on both parties. If the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or the wife to the outside world are known to the counterpart, the personal property of the husband or the wife shall be repaid.