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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.
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I think there's a problem that everyone has overlooked!
You're divorced, and you had a joint property, but whatever you said was negotiated.
But if you don't remarry, and he remarries someone else, then all his property is already shared by him and others.
Of course, the 50,000 he owes you is not included, and you can still get the 50,000. But you said that he told you to redivide the property, unless his current wife agrees, it's nonsense! That's 2 people, and he's there alone!
Obviously to coax you. You'd better consult a lawyer!
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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.
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As long as you have evidence (with high credibility), you can make a request based on these two articles. In terms of property, the joint property of the husband and wife is divisible and is generally divided fairly and equally. I think she wants 50,000 yuan for housing, and you can give her a reasonable amount of money for furniture and electrical appliances.
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Legal analysis: The joint property of the husband and wife should generally be divided equally. That is to say, the joint property of the husband and wife shall be divided equally in the original silver; According to the actual needs of production and life and the actual needs of property, the specific treatment can also be different.
Items that belong to the exclusive use of the individual are generally owned by the individual. Where the husband and wife live separately and manage and use the common property, each of them shall be owned by the managing and using party when it is divided; In the case of a significant difference, the party who has acquired the excess property shall compensate the other party with property equivalent to the difference. If the marriage has been registered and has not yet lived together, and the bride price is paid in accordance with custom, or if the payment before marriage causes the payer to live in difficulty, the other party may request the other party to return the bride price at the time of divorce.
If one party operates in partnership with another party with the joint property of the husband and wife, the property may be owned by one party, and the party who receives the property shall compensate the other party equal to half of the value of the property.
Legal basis: Civil Code of the People's Republic of China
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 is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party. The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.
Article 1088:Where one of the spouses bears more obligations due to raising children, taking care of the elderly, assisting the other party in work, and so forth, they have the right to request compensation from the other party at the time of divorce, and the other party shall give compensation. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.
Article 1090:In the event of a divorce, if one party has difficulties in living, the other party who can afford it shall give appropriate assistance. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.
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Go to the court for consultation, because if you go to the Civil Affairs Bureau, it is not very sexual, because you have not negotiated.
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Joint property can be divided.
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According to the current marriage law, it should be counted as joint property of the marriage, and it is stipulated that the divorce takes care of the innocent party, you can prove her fault, and the judge will make a fair judgment.
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Theoretical Equalization. On this basis, look at the actual situation.
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The two parties negotiate the division and fail to reach an agreement, and the court will make a judgment according to the specific circumstances after one party sues.
See: Article 1087 of the Civil Code [Disposal of Joint Property of Husband and Wife in Divorce] In the event of divorce, the joint property of the husband and wife shall be disposed of by agreement of both parties; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.
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.
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