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The agreement on the division of property in a divorce has the force of law and should be drafted to cover the following: 1The basic information of the parties, such as their names, genders, dates of birth, ethnicities, ID numbers, addresses, time of marriage, time and number of children, and reasons for divorce, are required; 2.
Both parties must have a clear expression of their intention to agree to the divorce; 3.After the divorce, if there are minor children or adult children who cannot live independently, then which party the children live with, how and how much child support will be paid, and the time and method of the other party's visits to the children also need to be available; 4.The core issue, that is, the division of the property and debts of the husband and wife by the parties, needs to be clearly agreed; 5.
If one party is living in difficulty, the specific time and method of the other party to implement financial assistance, such as how to solve the housing problem of the party without a house, etc.; 6.If one party has statutory fault circumstances, such as cohabitation with others, domestic violence, abuse, abandonment of family members, etc., compensation for damages to the party who is not at fault; 7.Liability for breach of agreement.
1) The name or address of the parties; (2) the subject matter; (3) Quantity; (4) Quality; (5) Price or remuneration; (6) The time limit, place and method of performance; (7) Liability for breach of contract; (8) Methods of dispute resolution. The parties may conclude a contract with reference to the model texts of various types of contracts.
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The debt should be repaid first, and the rest should be divided.
1. How much will your mother inherit due to the death of so-and-so (your father).
2. How much will you and your sister inherit because of the death of so-and-so (your father).
3. How much will your brother inherit due to the death of so-and-so (your father) (the money will be kept by you and your sister on your behalf, and will be handed over to your brother when he becomes an adult.) )。
Then write the name, the date.
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Article 37 of the Marriage Law After divorce, the other party shall bear part or all of the necessary living expenses and education expenses for the children raised by one party, and the amount of the expenses and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment. An agreement or judgement concerning the maintenance and education of the child shall not prevent the child from making a reasonable demand to either parent, if necessary, in excess of the amount originally agreed upon in the agreement or judgment. Article 39: At the time of divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman.
The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law. Article 40: Where husband and wife agree in writing that property acquired during the existence of the marital relationship shall belong to each other, and one party has paid more obligations for raising children, taking care of the elderly, assisting the other party in work, etc., they have the right to request compensation from the other party at the time of divorce, and the other party shall make compensation. What you're saying is more general and can't be specific.
The division of property in the event of divorce may be settled through negotiation between the husband and wife. In the divorce agreement, the division of property and the maintenance of children are regulated. If no agreement is reached, divorce by litigation is adopted, and the court distributes the joint property of the husband and wife in principle according to the principle of equal distribution, but there are many special circumstances.
If there are specific problems, they can be elaborated in more detail. The debt should be repaid first, and the rest should be divided.
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First of all, the debts owed to the outside world should be paid off by your parents' estate, and the rest should be divided by the person you have the right to inherit.
If you want to leave more money to your younger brother, you can deposit that part of the property into a third person's account and pay it monthly or on a regular basis.
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My brother-in-law died, leaving behind an eight-year-old boy, and my sister negotiated with her mother-in-law to divide it, how do you write such an agreement? Does the child's grandmother have a maintenance obligation to the child?
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Legal analysis: the main contents of the property division agreement: first, the basic information of both parties should be clearly written; second, to set out the relationship between the parties to the agreement, the reasons for the formation of common ownership and the reasons for division; third, the principles, ways, methods, and standards for dividing property; fourth, the conditions for the delivery and transfer of the property after the division; Fifth, compensation and debt assumptions; Sixth, liability for breach of contract.
Legal basis: Article 143 of the Civil Code of the People's Republic of China Civil juristic acts that meet the following conditions are valid:
1) The perpetrator has the corresponding capacity for civil conduct;
2) The meaning table is destroyed and demolished to show the truth of the remaining birds;
3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate the public order and good customs of jujubes.
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Legal analysis: The writing of the property distribution agreement includes: the basic information of both parties to the contract, the basic situation of the property, the settlement of debt problems before the distribution of the property, the distribution plan of the property, the time and place of the distribution of the property, the liability for breach of contract, the dispute resolution method, the signature or seal of both parties, and the time when the letter of agreement was concluded.
Legal basis: Article 470 of the Civil Code of the People's Republic of China The content of the contract shall be agreed upon by the parties, and generally include the following clauses: (1) the names and addresses of the parties; (2) the subject matter; (3) Quantity; (4) Quality; (5) Price or remuneration; (6) The time limit, place and method of performance; (7) Liability for breach of contract; (8) Methods of dispute resolution.
The parties may conclude a contract with reference to the model texts of various types of contracts.
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In order to promote family harmony, maintain family harmony, and prevent family disputes, Party A and Party B have reached the following agreement on the distribution of the house located behind the socks, so as to jointly abide by Article 1: Article 1, the house registration certificate number is, and the registered owner of the house is Party A, specifically the father of B (the house is the property of B's parents before the divorce).
Article 2: For the houses mentioned in this agreement, Party A promises that the ownership and right to use the house are divided into three parts (one-third of Party A and one-third of each of Party B's two people).
Article 3, the house since the date of signing the agreement, Party A and B have the right of residence, neither party shall make any unauthorized disposal of the house (including selling, against Article 4, Party A in line with the principle of equality commitment, in the future to make any disposal, sale, mortgage and other acts of the house, Party B agreed and present, the property obtained are three copies (one for Party A, one for Party B).
Article 5 This agreement does not change Party B's legal maintenance obligation to Party A, nor does it change Party B's right to inherit any property of Party A except for the house.
Article 6 After the conclusion of this agreement, the witness shall witness the signature, fingerprint, and witness promise to witness.
Article 7 This Agreement shall be executed in triplicate, one copy for each person, and shall be established on the date of joint signature of both parties.
Article 8 Validity of this Agreement: Except for the new written agreement between the two parties, which may change the content of this Agreement, no agreement or unilateral designation shall change the content of this Agreement. This Agreement shall have the legal effect of any agreement other than the New Tripartite Agreement and other specified acts (including notarial documents).
Both parties have no objection to the above agreement and will not regret it in the future!
Party A: Party B: Witness:
Date of establishment: year, month and day.
Establish the old silver point of the ground fiber:
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The property distribution agreement shall clearly state the names, addresses and other information of both husband and wife; The basic members of the family; property status; the method of division of property; the name of the respective share or specific share of the property; and dispute resolution.
[Legal basis].Article 470 of the Civil Code.
The content of the agreement is agreed upon by the parties, and generally includes the following clauses:
1) The names and addresses of the parties are round;
(2) the subject matter; (3) Quantity;
(4) Quality; (5) Price or remuneration;
(6) The time limit, place and method of performance;
(7) Liability for breach of contract;
(8) Methods of dispute resolution.
The parties may conclude a contract with reference to the model texts of various types of contracts.
Article 1065.
The man and the 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.
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Legal analysis: As long as the provisions of Article 143 of the Civil Code are met, the property distribution agreement is valid.
Legal basis: Article 143 of the Civil Code of the People's Republic of China stipulates that civil juristic acts that meet the following conditions are valid:
1) The perpetrator has the corresponding capacity for civil conduct; (2) The expression of intent is true; (3) Do not violate the mandatory provisions of the law and the laws and regulations, and do not violate public order and good customs.
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