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This should not be in accordance with the law, because everything in the marriage belongs to the joint property of the husband and wife, and the husband and wife have the right to control it, and besides, the household given during the marriage is a daily expense, how can he ask for it again, didn't he use it before? A scumbag like this, you can find a better lawyer to sue him, get and protect your legitimate rights and interests.
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First of all, the jewelry purchased during the marriage. It is the joint property of your husband and wife. It is necessary to be included in the scope of the division of common property. If it is your pre-marital jewelry, it is your personal property and is not joint property and is not included in the scope of division.
Secondly. During the marriage of the spouses, the necessary living expenses given by one party to the other party are also not within the scope of the division of property. However, if one party gives to the other party a deposit, it is the joint property of the husband and wife and needs to be divided.
Necessary living expenses are given to you each month for no more than a certain amount of money for your monthly life.
In the end, the division of property between your spouses is limited to the immovable and movable property purchased after your marriage. and other property used for the joint life of the spouses. The savings are also a joint matter between you and your husband and wife, and they need to be divided.
If it has already been spent, and it has been spent for a valid reason, then there is no legal basis for the man to ask you for the money.
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The living expenses given to you in marriage, if you have used it, he is naturally not qualified to get it back, every month you buy living materials, he enjoys them, and the jewelry bought during marriage, this belongs to personal belongings, he can't get it back, just like the clothes bought by each other do not belong to the common property.
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Legal Analysis:1On the premise of distinguishing between personal property and joint property of husband and wife, the court shall divide the joint property fairly and impartially according to the specific circumstances of the property and the principle of taking into account the rights and interests of the children and the woman.
2.The Several Opinions on the Handling of Property Division Issues in the Trial of Divorce Cases by the People's Courts stipulate that the people's courts shall adhere to the principle of taking care of the innocent party in the disposition of the joint property of the husband and wife in the trial of divorce cases.
Legal basis: Civil Code of the People's Republic of China
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 indeed 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.
Article 1080:Marriage is dissolved when the registration of divorce is completed, or when the divorce judgment or mediation document takes effect.
The division of divorce property refers to the division of the joint property of the husband and wife at the time of divorce, which refers to the division of the joint property of the husband and wife into their respective personal property in accordance with the law at the time of divorce. Articles 17 to 19 of the current Marriage Law specify that the joint property of the husband and wife is the property acquired during the existence of the relationship between the husband and wife, and stipulates the content of the joint property of the husband and wife in the form of enumeration and generalization. At the time of divorce, if the parties have an agreement on lawful marital property, the agreement shall be followed. >>>More
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
Hello, according to the judicial interpretation of the Marriage Law, the bride price can be returned, and the most important thing is that there is no living together (that is, living together), even if the marriage has been registered.
Do you have a way to prove that the money belongs to your wife, if you don't, you lose. Brother advises you that it is okay for your wife to earn money by her own efforts, but it would be a bit unkind if he came to share the money you earned with you again. But he's a woman, forget it, it's so hard not to fight with a woman, and it's only 100,000 yuan if you share it, and you can't make a fortune.
After reading the full text, I still can't figure out what went wrong, because I don't understand the details, and I can only guess about it, don't talk about solving the problem, first make it clear, married life is completely different from what you imagined. Your husband lacks a sense of responsibility and is impatient with you. Inability to communicate with the other party. >>>More