-
First of all, the house and the land. Since you say that they are all in the father's name, there is no doubt that neither of them can be the joint property of the husband and wife. This has little to do with divorce;
Second, on the issue of joint property of the husband and wife. The Marriage Act stipulates that the property of the husband and wife shall be divided equally in the event of divorce, but that the party who is financially less able or the party who is at fault shall be given a smaller share. Note that only the property during the existence of the husband and wife relationship can be divided, that is to say, all household appliances, cars, livestock, etc. purchased by the husband and wife after marriage are common property and must be divided.
However, if there is property acquired by one party before the marriage and cannot be divided, for example, if the man built a house before the marriage, then the house should not be divided and should continue to be owned by the man;
Thirdly, on the issue of debt. First of all, you have to distinguish whether it is the debt of your husband and wife or your father's debt, if it is your father's debt, when the court rules that you are divorced, it will never be awarded to your name, you can rest assured. However, if debts incurred during the relationship between husband and wife, including those owed for family life and generally for individuals (unless they are owed for illegal purposes such as gambling), they are to be repaid as joint debts and should be divided equally between the husband and wife.
-
It is divided according to common ownership, and it is generally divided equally.
-
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.
-
1. Her name is written on the property, and the house will not be divided for you, but can only be given to her. You pay 40,000 yuan for the decoration fee, and if there is an invoice or bank transfer record, it can be compensated to you, of course, a certain discount must be deducted. In the same way, furniture and appliances are the same, you can only take it yourself, or ask the other party to compensate you for the furniture and appliances.
These are depreciated, unlike houses that are appreciated.
2. Theoretically, during the marriage, the income of the husband and wife belongs to the joint property. It depends on the negotiation of the husband and wife.
3. Gift money and jewelry, if you can get the jewelry yourself, take it first, and if you can't get it, it's hard to get it back. It's also hard to get the money back.
The above is the divorce situation I have experienced, and you can also consult a lawyer.
-
Divorce is divided into two kinds of divorce by agreement and divorce by lawsuit, if the two of you choose to divorce by agreement, then, the divorce agreement should indicate who owns the real estate rules, if the property right is the woman's, then you have little chance of dividing, as for the decoration of what appliances can communicate with the woman to pay you at the same time reflected in the divorce agreement, if you are not given a legal basis, your own income does not need to be divided, the same should be reflected in the agreement, as for suing for divorce, then each of them will provide evidence of the court judgment, but you beat people to sue first It is not good for you, Therefore, it is recommended that you divorce by agreement, and since you have decided to divorce, sit down and have a good chat, so that you can get together and disperse.
-
The division of property in the event of divorce is mainly based on the property placed during the existence of the marital relationship, in principle, half of the property of one person, half of the creditor's rights and half of the debt, unless otherwise agreed by the parties.
-
You are wrong with this question in the first place, and your goal now is not to get a divorce. If a man is wrong, he should take the initiative to admit his mistake boldly, don't delay it for too long, the New Year is coming, you visit his parents more often, and move them to speak for you with sincere words and actions, which will be better. But we must not let anything like that happen.
-
1) It can be decided by the court (2) The two parties arrange witnessing in their respective divisions or co-divisions.
-
In the case that some spouses buy a car and a house for Xiao S, how to distribute the divorce property of the husband and wife? In such a case, the spouse has every right to claim restitution.
-
How to distribute the property of the husband and wife in divorce.
-
For children under the age of two, the child is basically awarded to the woman, and the standard for the man to pay child support is set according to the economic standard of the place where the child lives, and the regulations and consumption levels are different from place to place.
Regarding the down payment house that your parents bought after you get married, it depends on whose name the real estate certificate is registered.
If it is in both of your names, it means that your parents gave you and your wife the house, then the property should be part of the joint property and your wife has the right to claim half of it.
If the property right is registered in the name of one of you, according to Article 7 of Interpretation III of the Marriage Law, if the immovable property purchased by one of the parents for the child after marriage is registered in the name of the investor's child, it may be regarded as a gift to only one of the children in accordance with the provisions of Article 18 (3) of the Marriage Law, and the immovable property shall be recognized as the personal property of one of the spouses. Therefore, the property is your personal property and your wife has no right to claim a division.
If you have any legal questions, you can log in to the Ma Cheng lawyer group, a well-known lawyer team in Shenzhen, and we will wholeheartedly provide you with legal services.
-
Within one year of the woman's childbirth, the husband may not file for divorce in accordance with the law, but the woman may file for divorce, and children under the age of two are generally guardians of the woman, and the part of the joint property of the husband and wife is divided equally in the general circumstances.
-
Hello, for the house, there is no registration of the change of ownership of the house, that is, you have not obtained the ownership of the house. Then the house cannot be divided as common property.
For the custody of children, the woman under the age of 2 is generally raised. For child support, it can first be agreed upon by both parties. If the agreement is not reached, it shall be in accordance with the relevant provisions of the Marriage Law; For those with a fixed income, the maintenance fee is 20%-30% of the monthly salary.
If there is no fixed income, the maintenance fee may be paid according to the total income of the current year or the average salary of the same industry according to the above proportion.
-
You can consult a lawyer about this. No one else has the authority to speak.
-
If you don't get a divorce because you don't have a house to live in, do you agree? So figure it out for yourself.
There is only one house, but the property must be divided equally, so the party who gets the house should pay half of the house price to the other party, and the other party can use the money to buy or rent a house.
-
The Marriage Law stipulates that in the event of a divorce, if one party is in difficulty, the other party shall provide appropriate assistance from his or her personal property such as housing. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.
The woman may continue to live in the house.
-
Hello, I'm lawyer Zhang in Chengdu.
1. If there is a divorce and the house belongs to the other party, then you can file it in the lawsuit and have the right to use the house.
2. If you do not submit it, the court may order the other party to give you a certain amount of financial assistance, but not consider your residence issue.
-
Temporary residency can be requested. But it's usually only a few months.
-
The other party was ordered to pay more compensation.
-
If one party is living in difficulty, the other party shall provide appropriate assistance from his or her personal property, such as housing. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment. In this case, the court will not force a divorce.
-
1. You need to negotiate and settle the problem;
2. If the negotiation fails, sue to the court, you have no common property, and there is no need to divide it;
3. The demolition money is not a common property, but a policy factor, and the other party sues the court and does not necessarily award the demolition money.
-
How to distribute the property of the husband and wife in divorce.
The age of the child and who is currently living with it has a greater impact on the ownership of custody. Specifically: (1) custody of children under the age of two is generally vested in the mother; (2) For the custody of children between the ages of two and eight, the court mainly refers to who usually takes care of the children more and which party they are currently living with, then the economic conditions of both parties, and finally the academic qualifications, household registration and other factors of both parties to make a comprehensive judgment; (3) The custody of children over the age of eight depends mainly on the opinions of the children, and the court will generally award custody to whom the children express their willingness to live with. >>>More
1. The first stage: the prosecution stage.
This phase consists of the following three procedures: >>>More
If you make a payment, you can find it out in the bank.
What is matrimonial property? What does the new marriage law say about this? >>>More
First of all, emotionally, it is recommended that you think carefully so as not to cause the tragedy of him not marrying for a long time and making you a third party, or even repeating the mistakes of his wife. Women should be able to love and protect themselves and think for themselves. >>>More