Divorce property division issues please advise a master!!

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

    1. For the first house, the property certificate you said is in the woman's name, which means that the woman's property certificate or the owner of the property has been changed to the woman. If it is the former, the house is still a pre-marital property, and the woman cannot share it. If it is the latter, it depends on the time of the change, if it is changed before marriage, then the house is the woman's personal property and belongs to the woman; If it is changed after marriage, the house is the joint property of the husband and wife, and in principle, one and a half are for each person.

    For the second house, it is purchased after marriage, that is, the joint property of the husband and wife, which is divided equally in principle.

    2. The division of property is operated according to the market price, not according to the ** at the time of purchase.

    3. Generally speaking, the above-mentioned reasons mentioned cannot directly become the standard for determining the breakdown of the relationship between husband and wife, that is to say, the court will generally not decide to divorce in the first instance on this ground. Be prepared to sue after six months, at which point the court will generally sentence you out.

  2. Anonymous users2024-02-05

    Under normal circumstances, a divorce will not be decided in the first instance. As for the property, it was in another place.

    Because the premise of divorce is a complete breakdown of the relationship, the court will not easily dissolve the marriage.

  3. Anonymous users2024-02-04

    1. Whether a divorce can be obtained depends on whether the relationship has broken down. (Refer to Article 32 of the Marriage Law and Several Specific Opinions on How the People's Courts Determine that the Relationship between the Husband and Wife Has Truly Broken Down in the Trial of Divorce Cases).

    2. The immovable property shall be subject to registration, and if it is registered in the woman's name before marriage, it shall be the woman's personal property. (The man's contribution is regarded as a gift).

    3. After marriage, the real estate shall be regarded as the joint property of the husband and wife, and shall usually be divided in half. Buying a house** has nothing to do with the division of the property, both parties can bid for each other's shares, and can also auction the house payment, etc.

  4. Anonymous users2024-02-03

    It is better to find a lawyer to intervene and help you with specific problems.

  5. Anonymous users2024-02-02

    If the reasons for divorce are sufficient, the divorce can only be obtained, and the woman can only get half of the property after marriage.

  6. Anonymous users2024-02-01

    When everyone divorces, they want to divide more of their property and the other party share less or part of their property, but it is fair to divide it according to law. When dividing property, attention should be paid to distinguishing between personal property, joint property of husband and wife, and the part contributed by both parents. Parental contributions are often the most controversial part.

  7. Anonymous users2024-01-31

    Property is generally divided in half, because the woman does more work for the family. The child depends on how old the child is, and the decision on custody depends on many factors.

  8. Anonymous users2024-01-30

    The house should be determined by the ownership situation, and the child should be raised in a way that is conducive to the child's growth.

  9. Anonymous users2024-01-29

    The property is not the property of the husband and wife! Personal property does not change its property ownership attributes due to its transformation of form! "Mother added another 20,000 yuan", the part of 20,000 yuan, if your mother did not give it to you separately, it belongs to the joint property of the husband and wife.

  10. Anonymous users2024-01-28

    Divorce can only divide the joint property of the husband and wife, not the pre-marital property. The husband buys the house in full before marriage, and when the divorce occurs, the property belongs to the man; The husband takes out a loan to buy a house before marriage, and the part of the joint loan repayment is divided according to the joint property of the husband and wife.

  11. Anonymous users2024-01-27

    If you were a minor at the time, you would not have had a share of your stepfather's pre-marital property as long as you can prove that the money you paid back was from your stepfather's marriage. If you are an adult when you get it, it has nothing to do with him at all, and you don't even have to think about whether it is a pre-marital property.

  12. Anonymous users2024-01-26

    Who pays for the purchase of a house purchased after marriage?

  13. Anonymous users2024-01-25

    If the man's name is written on the title deed, it is not your parent's name. The property determination should be your husband and wife's joint property. The woman has the right to distribute. Loan repayment can only be considered a private agreement between you.

    Furniture or anything else should also be considered the joint property of the husband and wife. It can only be resolved by you through private negotiation.

    If the husband has evidence that the property purchased by himself before the marriage is not divided. The woman is responsible for raising the daughter and the man is responsible for paying child support. In the event of a divorce, the property purchased jointly can be divided.

    Or if the man takes out a loan to buy a property before marriage, and the woman shares the loan after marriage, it can also be divided.

  14. Anonymous users2024-01-24

    Regarding the house, the woman should not have the right to distribute, as for the furniture, it is only a few dollars, so don't worry about it.

  15. Anonymous users2024-01-23

    If the man bought it as a matrimonial house, the woman has the right to claim a share.

    If it is only bought by an individual before marriage, the woman has no right to share.

    If the date on the house book is before the marriage, as long as it is proved that the house was purchased by an individual, it is private property.

    These two concepts before marriage should be clear.

    The things in the house should belong to both husband and wife, even if there is no woman's, because it belongs to the marriage and is bought because of the marriage, it is joint property.

    For example, if you have a creditor's right, you have to file an application in the divorce.

    Whether your joint savings belong to the party at fault, you can ask for moral compensation, etc.

  16. Anonymous users2024-01-22

    Don't worry, she definitely doesn't have a share of the house, if the loan after marriage is repaid by your parents, you have to show proof of repayment, if it can be confirmed that the mortgage after marriage is completely repaid by your parents, then she will not get any compensation. But you have to share half of the joint property you got during your marriage, such as savings, or the car you bought.

  17. Anonymous users2024-01-21

    1.Joint property, cash and exchanging jewelry for cash are the same thing, there is nothing to worry about. Negotiable.

    2。If the wedding is taken by your parents, it can be regarded as a gift to you is not a loan (there is an agreement from the agreement, if there is no gift, it is estimated that this matter is a gift), 3w more than the loan if there is an agreement from the agreement, it is not counted as a loan.

    3.You can sue, specifically by a court decision, estimated that the first time it is difficult to leave 4Yes, there is nothing wrong with joint property, but there is no requirement that the joint property must be kept by whom.

  18. Anonymous users2024-01-20

    Hello! My analysis is as follows, please refer to:

    1 Jewelry worth hundreds of thousands is common property. You can ask for a price split. It doesn't have to work out. Because that's not a very special property.

    2 The 300,000 yuan spent on the wedding, you can't give valid evidence, and you can't make it a joint debt. Of the more than 30,000 yuan that her father spent on medical treatment, you can ask her to return half of it. This is your joint obligation. Although they are separated, they are not divorced.

    3 As long as the separation has lasted for more than one year, it is true that the relationship has broken down, and the court can be asked to forcibly divorce.

    4 She was not right. In fact, since your relationship has broken down, each of you is in charge of his own property, and it has become an agreement that the husband and wife have separate property system. There can no longer be a community of property regime.

  19. Anonymous users2024-01-19

    First of all, the down payment has been paid, and then it is a breach of contract to get it back, and the developer will not agree to bear the liability for breach of contract, so it is estimated that the money will not be returned.

    Secondly, the house purchased by the husband and wife after marriage, regardless of who pays the money, whose name buys it, and whose name is written on the real estate certificate, belongs to the joint property of the husband and wife, and the husband and wife should share half of it. If the court finally decides that the house is owned, it is generally that the party to the house will take ownership of the house after giving the other party's share of the money.

    In addition, the 120,000 yuan borrowed by the man is a joint debt of the husband and wife, and half of it should be repaid by the woman.

    Added:1The brother of the man could not go back to the house for the same reason.

    2.When dividing the property, the parent who is raising the child will be given appropriate care.

  20. Anonymous users2024-01-18

    1. Her jewelry worth hundreds of thousands belongs to your common property, and you have the right to get half of it, and you can ask the other party to fold it into half of the cash to you.

    2. The cost of the marriage is your joint debt, and you have the right to ask her to return half of it.

    3. Divorce is your right to freedom, and the court will forcibly grant a divorce within 3 months.

    4. You have the right to control your salary card and do not need to give it to him, unless she gives you the jewelry, because the jewelry is also the joint property of the husband and wife, and you can use this reason against her.

  21. Anonymous users2024-01-17

    1. According to the law, the husband and wife shall establish a husband and wife relationship from the date of registration; 2. The property acquired during the existence of the relationship between husband and wife shall be the joint property of the husband and wife, unless otherwise stipulated by law and agreed by both parties; The same goes for debt; 3. When the husband and wife divorce, they shall divide the joint property and bear the joint debts according to the law; 4. In view of the provisions of the law and your situation, part of the rights and interests of the real estate loan are joint property, and the debts are joint debts; On the issue of jewelry, it is possible to request a division according to law; Wedding expenses can be reimbursed jointly; The same applies to the $30,000 you pay; 5. Divorce can be resolved through litigation, and if the case is tried under summary procedures, the case will generally be concluded within three months; 6. Your salary card can not be given to the other party, but because it is during the existence of the husband and wife relationship, it should be the joint property of the husband and wife; 7. A lawyer can be entrusted to provide professional services.

    Lawyer Ma Yong.

  22. Anonymous users2024-01-16

    1. You can divide and compensate you in cash;

    2. You can ask for a deuce;

    3. Sue for divorce at least twice, as soon as nearly a year;

    4. Although it is joint property, you can not give her the salary card.

  23. Anonymous users2024-01-15

    Pre-marital property is personal property;

    The property after marriage, including wages and loan repayments, is joint property and can be divided equally in the event of divorce.

    Lawyer Wei Feng.

  24. Anonymous users2024-01-14

    1. If the parties fail to reach an agreement through negotiation, the court shall determine according to the circumstances: 2) the expenses incurred during the marriage are considered joint expenses, 3) the law will not be threatened by individuals in principle, and 4) the specific affairs of the family should be handled by their own ideas, and the law does not have such detailed provisions.

  25. Anonymous users2024-01-13

    Your problems are too many and too complicated, you have to find a professional marriage and family lawyer to solve them, I recommend Beijing Puxian Law Firm to you, they are professional in doing this, if you want to divorce, you will definitely be able to help you divorce, basically the second appeal can be divorced!

  26. Anonymous users2024-01-12

    I would like to ask, how to divide property in divorce. (We have contracts and invoices to prove that the house was bought before marriage) QuestionGuangdong lawyer Hu: Supplementary answer: The woman can get back the 200,000 yuan decoration fee, which is equivalent to a loan. Wedding.

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