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Comply with common sense and laws and regulations.
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Whether you are planning to buy a house or a house you bought before you got married.
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1) Yes. Article 24 of the Interpretation (II) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law stipulates that: "Where a creditor claims rights in respect of a debt incurred by one of the spouses in his or her own name during the existence of the marital relationship, it shall be treated as a joint debt of the husband and wife.
However, this is not the case where one of the spouses can prove that the creditor and the debtor have expressly agreed that it is a personal debt, or can prove that it falls under the circumstances provided for in paragraph 3 of article 19 of the Marriage Law. ”
Article 25 of the Interpretation (II) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law stipulates that: "Where the divorce agreement of the parties or the judgment, ruling or mediation document of the people's court has already dealt with the issue of the division of marital property, the creditor still has the right to claim rights against both the husband and the woman in respect of the joint debts of the husband and wife." Where, after one party bears joint and several liability for the repayment of joint debts, claims recovery from the other party on the basis of the divorce agreement or the legal documents of the people's court, the people's court shall support it.
Article 19 of the Marriage Law stipulates that husband and wife may agree that the property acquired during the marriage and the property before the marriage shall be owned separately or jointly or partly separately and partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is unclear, the provisions of articles 17 and 18 of this Law apply.
The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is binding on both parties. If the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the third party, the debts shall be paid off with the property owned by the husband or the wife.
It can be seen from this that during the existence of the relationship between husband and wife, if one of the spouses borrows debts in his or her own name, it is generally recognized as joint debts of the husband and wife, except in very special circumstances. In addition, during the existence of the marital relationship, one party is liable for the debts of the other party, and the parties have an internal agreement that they cannot oppose a bona fide third party. To put it simply, as long as the money borrowed by your husband when you are not divorced, you will be jointly and severally liable, even if there is an agreement between you to separate the property and take care of the debts and do the relevant justice, even if the house and part of the savings are your pre-marital property, but if you can't prove that the creditor knows about this agreement, then you have to pay it back.
2) However, if the wife can prove two cases, the husband shall be ordered to repay the debt, namely: first, the wife can prove that the debt is the personal debt of the husband and the creditor; Second, the wife can provide evidence to prove that there is a written agreement between the husband and wife regarding the ownership of the property after marriage, and that the creditor is already aware of this agreement at the time of lending. More exciting content**Jiaxing lawyer.
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During the marriage, one of the spouses cannot claim the division of the marital property. However, there are the following major reasons that do not harm the interests of creditors:
1. One party has concealed, transferred, sold, damaged, or squandered the joint property of the husband and wife, or forged the joint debts of the husband and wife, or other acts that seriously harm the interests of the joint property of the husband and wife;
2. A person with a legal obligation to support one party suffers from a serious illness and needs medical treatment, and the other party does not agree to pay the relevant medical expenses.
The reason why the law stipulates this is that the joint property of husband and wife is the material basis for the normal operation of family functions and the realization of the rights of husband and wife, and the loss of the material basis may lead to the loss of control of the duties of husband and wife such as raising children and supporting parents. Although the Marriage Law gives both husband and wife equal rights to dispose of and dispose of common property, how to realize the right of domination is left to the autonomy of the parties. In some special circumstances, when one party completely controls the joint property of the husband and wife and excludes the spouse's control of the property, or even transfers or sells the joint property, under the current system of marital property, the law does not give the weaker party any other effective remedy except for divorce.
If one of the spouses is unable to divorce or does not wish to divorce, it is absolutely unfair to be allowed to divide the joint property of the husband and wife during the existence of the marital relationship.
Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the "Marriage Law of the People's Republic of China" (3) Article 4: Where one of the husband and wife requests the division of joint property during the existence of a marital relationship, the people's court will not support it, except where there are any of the following major reasons and the interests of creditors are not harmed:
1) One party has conduct that seriously harms the interests of the joint property of the husband and wife, such as concealing, transferring, selling, destroying, or squandering the joint property of the husband and wife, or forging the joint debts of the husband and wife;
2) A person with a legal obligation to support one party suffers from a serious illness and needs medical treatment, and the other party does not agree to pay the relevant medical expenses.
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According to Article 4 of the Interpretation (III) of the Supreme People's Court of the People's Republic of China on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China, if one of the husband and wife requests the division of joint property during the existence of the marital relationship, the people's court will not support it, except for the following major reasons and no, except where the interests of creditors are harmed.
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Whether the inheritance after marriage is the joint property of the husband and wife is divided into two situations:
1. During the existence of the marital relationship, the property inherited by one of the spouses shall be jointly owned by the husband and wife.
2. The property inherited by the husband and wife during the marriage relationship and determined in the will to belong to only one of the husband or wife shall be the property of one of the husband and wife.
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There are two scenarios:
1. The property inherited by the husband and wife during the existence of the marital relationship shall be jointly owned by the husband and wife.
2. The property inherited by the husband and wife during the existence of the marital relationship by will, and the property determined in the will to belong to only one of the husband or wife, shall be the property of one of the husband and wife.
Article 17 of the Marriage Law The following property acquired by husband and wife during the existence of the marital relationship shall be jointly owned by the husband and wife:
1) Wages and bonuses;
2) the income from production and operation;
3) income from intellectual property rights;
4) Property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law;
5) Other property that shall be jointly owned.
Husbands and wives have equal rights to dispose of jointly owned property.
Article 18: In any of the following circumstances, it is the property of one of the husband and wife:
1) the pre-marital property of one of the parties;
2) Medical expenses, living allowances for the disabled, and other expenses received by one party as a result of bodily injury;
3) Property that is determined in the will or gift contract to belong to only one of the husband or wife;
4) Daily necessities for the exclusive use of one side;
5) Other property that shall belong to one side.
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Article 17 The following property acquired by husband and wife during the existence of their marital relationship shall be jointly owned by the husband and wife:
1) Wages and bonuses;
2) the income from production and operation;
3) income from intellectual property rights;
4) Property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law;
5) Other property that shall be jointly owned.
Husbands and wives have equal rights to dispose of jointly owned property.
Article 18: In any of the following circumstances, it is the property of one of the husband and wife:
1) the pre-marital property of one of the parties;
2) Medical expenses, living allowances for the disabled, and other expenses received by one party as a result of bodily injury;
3) Property that is determined in the will or gift contract to belong to only one of the husband or wife;
4) Daily necessities for the exclusive use of one side;
5) Other property that shall belong to one side.
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The property acquired by the husband and wife during their common life includes the property inherited by one party, and if there is no special agreement in the will that it is owned by one party, it is regarded as the joint property of the husband and wife, so if the owner of the property wants to leave all the property to his biological children, it is recommended to make a will in advance to clarify the heirs of the estate.
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According to Article 4 of the Interpretation (III) of the Supreme People's Court of the People's Republic of China on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China, if one of the husband and wife requests the division of joint property during the existence of the marital relationship, the people's court will not support it, except for the following major reasons and no, except where the interests of creditors are harmed.
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Generally not, but in special cases. According to Article 3 of the Interpretation (III) of the Marriage Law, if one of the husband and wife requests the division of joint property during the existence of the marital relationship, the people's court will not support it, except for the following major reasons that do not harm the interests of creditors: ( one party has concealed, transferred, sold, damaged, or squandered the joint property of the husband and wife, or forged the joint debts of the husband and wife, or otherwise seriously harmed the interests of the joint property of the husband and wife; ( Where a person with a legal obligation to support one party suffers from a serious illness and needs medical treatment, and the other party does not agree to pay the relevant medical expenses.
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According to the provisions of China's Civil Code, during the existence of the marital relationship, if one party has seriously harmed the common interests of the husband and wife, or if one party has a legal obligation to support the person who is seriously ill and needs medical treatment, and the other party does not agree to pay the medical expenses, he or she may request the division of the joint property.
Civil Code of the People's Republic of China
Article 1066:In any of the following circumstances during the existence of a marital relationship, one of the husband and wife may request the people's court to divide the joint property:
1) One party has conduct that seriously harms the interests of the joint property of the husband and wife, such as concealing, transferring, selling, destroying, or squandering the joint property of the husband and wife, or falsifying the joint debts of the husband and wife;
2) A person with a legal obligation to support one party suffers from a serious illness and needs medical treatment, and the other party does not agree to pay the relevant medical expenses.
Which property acquired during the marriage is the joint property of the husband and wife
1. Wages, bonuses, and labor remuneration;
2. Income from production, operation and investment;
3. Income from intellectual property rights;
4. Inherited or donated property, except as provided for in Paragraph 3 of Article 1063 of the Civil Code;
5. Other property that shall be jointly owned.
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Yes, it is the joint property of the husband and wife.
According to Article 17 of the Marriage Law, the scope of property acquired by husband and wife during the existence of the marital relationship and which shall be jointly owned by the husband and wife is stipulated, that is, the following property acquired by the husband and wife during the existence of the marital relationship shall be jointly owned by the husband and wife:
1) Wages and bonuses refer to the salaries, bonus incomes and various welfare policy income and subsidies of one or both parties during the existence of the husband and wife relationship;
2) Income from production and business operation refers to the income from production and business operation of one or both husband and wife during the existence of the husband and wife relationship;
3) The income of intellectual property rights refers to the income of intellectual property rights owned by one or both spouses during the existence of the marital relationship;
4) Property obtained by inheritance or gift refers to the property obtained by one or both parties as a result of inheritance and acceptance of gifts during the existence of the marital relationship. In the case of inheritance income, it refers to the acquisition of property rights, not the actual possession of property. Even if the marriage is not actually in possession before the termination of the marital relationship, as long as the inheritance occurs during the existence of the marital relationship, the inherited property is also the joint property of the husband and wife, except as provided for in paragraph 3 of Article 18 of this Law;
5. Other property that shall be jointly owned.
6) Housing subsidies and housing provident funds actually obtained or should be obtained by both parties.
7) The endowment insurance money and bankruptcy settlement compensation actually obtained or should be obtained by both parties.
8) The part of the marital relationship that should be shared by the husband and wife during the existence of the marital relationship, such as demobilization allowance and self-employment allowance paid to the name of the soldier.
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No, it is inherited from the father's generation, it does not belong to the joint property of the marriage, if the divorce, it belongs only to him, unless he compensates you by law, or he voluntarily gives you a gift in the divorce by agreement.
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1. If the real estate is acquired with the joint property of the husband and wife during the marriage, then no matter which party is registered in the name, it belongs to the joint property of the husband and wife, and each person enjoys half of the property right of the house.
2. If the property is purchased by the husband with his personal property before the marriage during the marriage, then it belongs to the husband's personal property, and the wife has no property right to the house. At this time, the husband needs to provide evidence to prove that his personal property contributed before marriage, otherwise it will be deemed that the house has been purchased with the joint property of the husband and wife.
3. If the property is purchased by the husband with full payment before marriage, but the real estate certificate is obtained after marriage, and the real estate certificate is registered in the husband's name, then it belongs to the husband's personal property, and the wife is not entitled to the real estate.
4. If the property is paid by the husband (or the husband's parents) before marriage, and the loan is repaid with the joint property of the husband and wife after the marriage and the house is registered in the husband's name, then the property belongs to the husband personally, but the wife needs to be properly compensated. For the part of the loan repaid jointly by the husband and wife and the part of the property appreciation corresponding to the house, the part shall be divided equally between the two parties.
5. The following property acquired by the husband and wife during the existence of the marital relationship shall be jointly owned by the husband and wife:
1) Wages and bonuses;
2) the income from production and operation;
3) income from intellectual property rights;
4) Property obtained by inheritance or donation, except as provided for in paragraph 3 of article 18 of the Marriage Law;
5) Other property that shall be jointly owned.
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This mainly depends on the way of obtaining.
If it is given to his wife by the other party's parents, there is no right to divide.
If it can be proved that the wife has contributed to the purchase, there is a right of division.
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It depends on how the property was acquired, you don't go into details.
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Generally not.
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What has already been spent cannot be claimed.
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It mainly depends on whether the house is pre-marital property, if it is pre-marital property, it does not require your signature, it can take effect, if it is post-marital property, it must be signed by you, otherwise the contract is invalid, and the fact of selling the house can be denied.
If the parents are alive and have no mental illness and have the ability to take care of the child, the custody belongs to the parents, and others have no right to intervene, and the maternal grandparents' practices are illegal.
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