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Anonymous users2024-02-05Property registered in the father's name is not part of the joint property of the husband and wife, and the husband and wife have no right to divide it in the event of divorce. In the event of a divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; 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.
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Anonymous users2024-02-04Legal analysis: 1. Before the marriage of the children, if the parents purchase a house for the children or partially contribute to the purchase of the house for the children, the house or capital contribution shall be recognized as a gift from the parents for one of their children, and has nothing to do with the spouse of the children after marriage.
In this case, the house or contribution belongs to the pre-marital property of one of the children and is not involved in the division of joint property in the event of divorce.
2. After the children get married, if the parents purchase a house for the children or partially contribute to the purchase of a house for the children, the house or capital contribution shall be recognized as a gift from the parents to the children and their spouses, and shall be divided as the joint property of the husband and wife when the children divorce.
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 consensus on matters such as child support, 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 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 couple's relationship.
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 1085:After a divorce, where children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne 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.
The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.
Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court shall make a judgment in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party on the basis of the specific circumstances of the draft of the property.
The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.
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Anonymous users2024-02-03If your parents are divorced, if you are an adult, you don't need to be supported by your parents, and you can choose which one to live with. If you are over eight years old, the court will respect your wishes when deciding custody. It should be noted that after the divorce of the parents, the relationship with the children does not change.
Parents still have an obligation to support their minor children, and adult children still have an obligation to support both parents.
Article 1084 of the Civil Code The relationship between parents and children shall not be extinguished by the divorce of the parents. After divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or mother. After divorce, parents still have the right and obligation to raise, educate and protect their children.
After divorce, children under the age of two are directly raised by their mothers. For children who have already reached the age of two, and the parents fail to reach an agreement on the issue of raising the minor child, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child. Where children have reached the age of 8, their true wishes shall be respected.
The parents of the daughter who divorced just felt sad. How can you marry such a man, parents all over the world are for their children, no matter who is right or wrong, they are on the side of their children, at this time the parents are just helpless, sad, and tell their parents well, how filial piety, they have the conditions to take their parents to their side, take good care of filial piety, divorce will also take into account your parents, it means that you are a filial daughter, divorce in this world is normal, want to open a little, time can dilute everything,
Endure the labor pains and do what you should usually do, such as working hard The long pain of an unhappy marriage is not as good as the short pain, it is only in your twenties, and the road ahead is still long, you have to believe that there will always be someone who knows how to appreciate you!
Then go to court and sue for divorce.
It seems that his desire for children and your inability to have children have caused a contradiction, first of all, he must be a very traditional man, the idea of inheritance and the reality of marriage make him contradictory and painful, but he does love you, so he did not divorce you, but with you and the outside world put a lot of pressure on him, so he is depressed, so when he is angry, he will release this depression, and you, now because of this contradiction, have begun to be depressed, and feel that seeing the husband he loves is unhappy for this, and he is also psychologically sad, Both of you have gotten into a dead end, at least he can still be angry with you, to vent this emotion, but you don't, so if you don't deal with it as soon as possible, you will soon have problems, in fact, there is no need to take whether you have children or not so seriously, maybe as a man, I am more avant-garde, in my opinion, I personally prefer the Dink, maybe you will say that this is an immature idea, then I want to ask, why do you have to have children to get married? Breed your own offspring? If this is explained, I don't think my own breed is very good, it doesn't matter; Pinning your hopes on the next generation? >>>More
A woman's search for a man who is younger than herself is a mistake in itself! It's just that people who don't experience it don't know! Men are too late to do things, they always feel that they are a child and need to be taken care of by others, and they will not take care of others! >>>More