Divorce property division question, please ask a friend on the lawyer side to help answer it? 200

Updated on society 2024-02-09
4 answers
  1. Anonymous users2024-02-06

    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.

  2. Anonymous users2024-02-05

    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.

  3. Anonymous users2024-02-04

    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.

  4. Anonymous users2024-02-03

    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.

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