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Anonymous users2024-02-05The following is cnliuqing).
1. If there is evidence that the woman gave birth to the child and left, and did not fulfill the obligation to raise the child, the woman is considered an abandoned baby.
2. In accordance with the provisions of Article 32 of the Marriage Law. Where there is domestic violence, abuse or abandonment of family members, and one of the men and women requests a divorce and files a divorce lawsuit with the people's court, the court's mediation is ineffective and the divorce shall be granted.
3. According to Article 46 of the Marriage Law, if a family member is abused or abandoned, resulting in divorce, the innocent party has the right to claim compensation. Therefore, the man should file a claim for compensation in court and ask the court to rule that the man should divide more of the property and the woman should share less.
4. In accordance with Article 30 of the Interpretation (1) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China, when a people's court accepts a divorce case, it shall inform the parties in writing of the relevant rights and obligations of the parties in Article 46 of the Marriage Law and other provisions. When applying article 46 of the Marriage Law, the following different situations shall be distinguished: (1) Where the innocent party who meets the requirements of Article 46 of the Marriage Law files a claim for damages with the people's court as the plaintiff based on the provisions of this article, it must be filed at the same time as the divorce proceedings.
2) In divorce litigation cases where the innocent party is the defendant who meets the requirements of Article 46 of the Marriage Law, if the defendant does not agree to the divorce and does not file a claim for damages based on the provisions of this article, a separate lawsuit may be filed within one year of the divorce. (3) In a divorce litigation case in which the innocent party is the defendant, and the defendant does not submit a claim for damages based on article 46 of the Marriage Law at the time of the first instance, and submits it during the second instance, the people's court shall conduct mediation, and if mediation fails, inform the parties to file a separate lawsuit within one year of the divorce. Therefore, the husband should request the husband to divide more property and the woman to share less property at the first instance of the divorce court.
5. In addition, according to the relevant provisions of the Civil Law on property ownership, if the money for repairing the house is not all from the husband and wife, but from other people, the real estate does not actually belong to the husband and wife, as long as the proof of capital contribution is provided to the court, because the legal status of the Civil Law is higher than that of the Marriage Law, the court must first deal with it in accordance with the Civil Law, and if there is any residual property after the disposal, the remaining property will be dealt with in accordance with the Marriage Law. The law also stipulates that even if the property of the husband and wife is divided, the economic conditions of both parties should be taken into account, and the party in financial difficulties should be taken into account as much as possible under the premise of negotiation.
By doing so, the man can protect himself and his children to the greatest extent. As for the provisions of the Marriage Law on child support after divorce, to be honest, it is feasible for people with regular jobs in big cities, as long as the court approves it, the maintenance can be deducted from the salary card on a monthly basis, but for rural people, because it is too difficult to implement, it is basically invalid. Therefore, it is better for the man to devote his energy to dividing the property and not to have any expectations for child support.
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Anonymous users2024-02-04If you are an abandoned baby, but the property is still owned jointly by the husband and wife, you can sue her for raising the child.
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Anonymous users2024-02-03One person and a half, and the child issue has to go through the court.
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Anonymous users2024-02-02The house belongs to their joint property and should be divided equally in the event of divorce, and the divorce is filed in court to require the wife to fulfill the obligation to support the children.
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Anonymous users2024-02-01After the divorce, the house is given to the children, and alimony is also paid. If your economic conditions are not good, you can go less.
Article 21 of the Marriage Law: Parents have the obligation to raise and educate their children; Children have an obligation to support their parents.
If the parents fail to fulfill the obligation to support them, the child who is a minor or who is unable to live independently has the right to demand maintenance from the parents.
In the event that a child fails to fulfill his or her maintenance obligations, the parent who is unable to work or who is in difficulty in living has the right to demand maintenance from the child.
Infant drowning, infant abandonment and other acts of infant mutilation are prohibited.
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Anonymous users2024-01-31It depends.
How did you negotiate.
If not negotiated.
It's to pay child support.
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Anonymous users2024-01-30Hello, according to the provisions of the Marriage Law of our country, the situation you mentioned is within the scope of joint property.
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Anonymous users2024-01-29Count, he is the joint property of the husband and wife after marriage.
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Anonymous users2024-01-281. It is common property.
1. If the husband and wife do not return the house purchased during the marriage of the husband and wife, and the husband and wife have not made a clear agreement, only the name of one of the people is written on the real estate answer certificate, and it shall be recognized as the joint property of the husband and wife;
2. If the immovable property purchased by the parents of both parties is registered in the name of one of the children, the immovable property may be deemed to be jointly owned by both parties according to the share of their respective parents' contributions, unless otherwise agreed by the parties.
If one party wants to own the right to use the house in the event of divorce, the appraisal unit will evaluate and then distribute it to the other party; If both parties want to own the house, both parties will make a bid; If neither party wants the house, the people's court will auction it and then distribute it.
2. It is not joint property.
If the immovable property purchased by one of the parents for the child after marriage is registered in the name of the investor's child, it may be regarded as a gift to only one of the children in accordance with the provisions of the Marriage Law, and the immovable property shall be recognized as the personal property of one of the spouses.
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Anonymous users2024-01-27Not counted. If the divorce agreement does not divide the property, it is still the joint property of the husband and wife, and one party may propose the division of the property.
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Anonymous users2024-01-26How to transfer joint property after divorce? It's before the divorce! If it is during the filing for divorce. Any use of the joint property of the husband and wife can be suspected of malicious transfer of property!
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Anonymous users2024-01-25It's definitely not okay to transfer property if it's too obvious, and the court is not stupid.
First of all, the house and the land. Since you say that they are all in the father's name, there is no doubt that neither of them can be the joint property of the husband and wife. This has little to do with divorce; >>>More
The property acquired during the marriage is the joint property of the husband and wife, and the joint property and debts of the husband and wife are jointly owned and borne by the husband and wife, generally one and a half, and the joint property of the husband and wife is divided in accordance with the principle of equality between men and women, protection of the legitimate rights and interests of women and children, and consideration of the innocent party. >>>More
The age of the child and who is currently living with it has a greater impact on the ownership of custody. Specifically: (1) custody of children under the age of two is generally vested in the mother; (2) For the custody of children between the ages of two and eight, the court mainly refers to who usually takes care of the children more and which party they are currently living with, then the economic conditions of both parties, and finally the academic qualifications, household registration and other factors of both parties to make a comprehensive judgment; (3) The custody of children over the age of eight depends mainly on the opinions of the children, and the court will generally award custody to whom the children express their willingness to live with. >>>More
I can't imagine that kind of feeling, guess it will be that I will feel that I am a failure, I feel that my life has lost a lot of color, and there are problems with children, and I will feel more upset about financial involvement, but if it is a protracted divorce battle, I will feel that I am finally free, and I have gotten rid of the life I don't want.
Don't add psychological pressure to your father, let your father find a lawyer to write down the authorization to donate the house in your father's name to you, that is, your own children, and then go to the real estate company to go through the transfer procedures, and finally go to the notary office to notarize, the house is yours, can you not let your father live? At that time, your father didn't have so much burden in his heart, let your father quickly find a happy companion for himself, a person is very lonely, you can't understand your father's psychological suffering, and your father is not lonely when you find a companion, you can't always accompany your father, you can also go to find a partner, who said that single-parent families are difficult to find a partner, nonsense, depending on how you find it, how much ability you have, you can find someone you like.