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What should be done to ensure that the mother does not suffer in the division of property?
The property status of the property may be investigated in advance and a request for division may be made in the lawsuit.
In addition, can a lawsuit be brought for domestic violence?
Divorce should be filed on the grounds that there is a breakdown of the relationship due to the existence of domestic violence.
As a child, you can testify in court.
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I know very well that the gnocchi snacks are not bad, and I am very sure that there are them
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You know, America, I'm right
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During the period of marriage and succession, the salary income and business income of both parties shall be regarded as the joint property of the husband and wife, and the joint property of the husband and wife shall be divided equally between the husband and wife in the event of divorce, and at the same time, the maintenance of children and the support of the elderly shall be taken into account. If you can't find out what he has received, you can appoint a lawyer or apply to the court for an investigation after filing a lawsuit.
Domestic violence is prohibited by law, and children can be witnesses, neighbors or other persons with knowledge of the situation can testify, and if they are unable to testify in court, they can apply to the court to investigate them
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You can appear in court. As for property issues, it can be investigated. It is advisable to have your mother consult a lawyer in person.
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You can testify in court as a witness to your mother's domestic violence, but as for the evidence of your father's transfer of property, it may be difficult to collect, after all, it involves the interests of your father's relatives, and they will not appear in court to prove against your father, so you do your best, as you said, divorce may be your mother's greatest wish compared to the loss of property distribution.
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You just need to appear in court, my mom and dad are gone, no problem.
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I don't understand this, but my classmate also grew up in such a family environment, and her mother later found the Municipal Women's Federation to help solve the problem, and you can also find the local Women's Federation for consultation, and they will help you sue and provide protection if necessary. Hope you can solve it smoothly.
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In terms of property, your mother can apply to the court to investigate and collect evidence. And in accordance with the principle of taking care of the legitimate interests of women and the fact that your mother has provided for the household and contributed more to the family for many years, the court will take care of your mother in the distribution of property.
The Marriage Act stipulates that domestic violence is one of the statutory grounds for divorce, that a lawsuit can be brought for domestic violence, and that your mother has the right to claim damages from your father. Also, don't forget to state in the complaint that the relationship between the husband and wife has broken down.
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Unilaterally want to divorce, how can it be as easy as you think?
Your parents do not have an actual breakdown of their relationship (generally the court finds this fact based on the fact that the relationship is not harmonious and separated for two years), so if your father does not want to divorce, there is no problem to delay it for a year or two.
Personal opinion, first go to the court to file a divorce lawsuit (usually the court will reject it), after filing the lawsuit and before the divorce, it is recommended that your mother also transfer the joint property of the husband and wife, the more concealed the better, and apply to the court before the divorce to investigate the property hidden by your father (it is best if you can provide some clues to the court), I hope these opinions will be useful to you.
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1. How will the fees for divorce by mutual agreement and filing a divorce in court be charged? How much is the difference? Chongqing area.
Divorce by mutual agreement only requires the cost of the certificate.
The filing fee for divorce is 10-50 yuan, and the part of the property exceeding 10,000 yuan is paid according to the fee 2, the house purchased by the husband and wife after marriage is generally shared, and the woman does not admit that the man's parents have taken the money, if you claim the right, you must bear the burden of proof;
3. It can be used as evidence, but the probative power depends on the specific circumstances of your accounting.
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Did you buy this house with your wedding money or after your marriage? If it is your husband's personal property that you bought before marriage, otherwise it is your joint property, and you have the right to divide half of the property. According to Article 17 of the Marriage Law of the People's Republic of China, 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 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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First of all, please make it clear that this house is the joint property of your husband and wife after marriage, no matter which party pays for the house, this house belongs to your joint property of the husband and wife, and you can of course share it. As for how much, when the real estate certificate comes down, if both of you want this house, a professional will evaluate the house price, and the two of you will bid to obtain the real estate certificate in this way, and the party who obtains the real estate certificate will give the other party half of the compensation of the house price; In other words, in principle, you get half of it. It is also possible to increase or decrease according to the financial situation of both of you after the divorce.
As you said, the reason for your divorce is that he filed for divorce 9 months after your miscarriage, although the legal limit of 6 months for the husband has passed, but you can still ask for reasonable care on this ground, after all, you are a woman, and you are going through the divorce after the loss of your child, it is reasonable to ask for proper care. If only the facts you provide, then you should be able to get more than half of the house. (It is also likely to be more than half of the house price).
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Marital property is joint property of the husband and wife, and you can sue the court to assert your rights.
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I guessed wrong, and I'm willing to apologize to you.
Apologies again for my irresponsible speculation and rhetoric.
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If it is purchased jointly after marriage, it is regarded as marital property. It doesn't matter who pays for it, as long as it's both of you.
The date of the wedding is used as the boundary, and the investment of both parties is the basis. Property ownership and proceeds belong to both of you.
However, if the husband proposes that the money for the purchase of the house was paid by his parents, he must provide evidence. At the same time, you also emphasize that it is a gift after marriage, etc., so find the reason yourself. It is best to be able to mediate, you are not lightly injured, and the man seems to have no big problem, mainly because there are family problems that lead to divorce, and you can mediate and reconcile.
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There is still a good chance of winning the case. If you win, you should get 1 2.
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You can't get the house, unless you have someone, but in order to be happy in the future, let's leave, the days are you and your husband, and the mother-in-law has no solution to the words, and you have to go to the hospital to ask about the birth.
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The problem?
It's hard for a good woman to cook without rice!
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This kind of thing is divorced, and the house should not be available if you meet someone who is not ladylike.
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1. With regard to the division of property, the joint property of the husband and wife belongs to the scope of division, and the property of one party or the property of others is not divided. For example, the property of both parents.
2. Regarding child support, if the child is less than two years old, it will generally be sentenced to the woman's custody. If it is older than 2 years old, it is generally ordered to be raised by the party with good conditions and conducive to the healthy growth of the child.
Lawyer Liu Zhaoyan.
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The question is how do you want to leave, it won't be that you want to leave a woman with nothing, husband and wife, talk about it, they all say that more than 30% of the divorces after the 80s are because of the mixing of the parents of both parties, I don't know if it's right.
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After the marriage property is divided equally, after the child is 2 years old, the parent who is better financially able to raise the child is conducive to his growth, and the other party pays child support Now it seems that your wife does not want to raise the child either.
There is a problem with adding friends.
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Because she hasn't been back for so long, it should be in your favor.
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