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Although the vehicle belongs to the man, it is okay for the parties to agree that the vehicle will be owned by the woman at the time of divorce. In addition, at the time of divorce, if the parties negotiate the division of the joint property of the husband and wife and the division is invalid, they may file a lawsuit in accordance with the law, and request the people's court to divide it in accordance with the law through litigation.
Article 39: At the time of divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman.
The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.
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If the car belongs to the woman after the divorce, go through the transfer as soon as possible and transfer the car to your own name.
First of all, go to the hall of the DMV to pick up the old motor vehicle sales contract, which both the buyer and the seller need to fill out. After filling it out, buy a house and take your ID card (if you are a foreigner, you also need to bring a temporary residence permit). The seller brought the owner's ID card, vehicle registration certificate, car driving license and the original invoice of the purchase of the car to handle the transfer acceptance.
Then you will drive the car to the place where the car will be inspected, and the staff will inspect the car and take pictures. Then pay 35 yuan extension fee, and go to the transfer hall to go through the formalities after all the processing is completed. Take the number and queue up, and finally handle the transfer acceptance.
When buying a second-hand car, it is necessary to check the various documents and documents of the car. And before buying a car, you must check whether the car you want to buy is a blister car, an accident car or a spontaneous combustion vehicle. After inspecting and evaluating the various locations of the car, I felt that there was no problem and was transferring ownership in accordance with the above process.
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It is best to transfer the ownership to the woman's name, otherwise many things will need the man's cooperation in the future, such as annual insurance payment, vehicle review, and the owner's ID card and bank card.
Now that you're divorced, it's not good to have more contact.
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I feel that the car belongs to the woman after the divorce, but the car is a man's room, and the woman can't, in fact, whose name doesn't matter, as long as the car belongs to the woman, because the driver's license woman can have the car if she has a driver's license, and the name of the car can also be changed later, because after the car is returned to the woman, the woman can change the name, there is a driving license and a driver's license, and then you can correct the name and change the name. Because the man agreed to give the car to the woman, the man could testify that he would give up the ownership, and then the car would be owned by the woman, so that the name of the transfer could be changed to the woman.
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In fact, if it is said that after the divorce, the woman's car, but it is the man's name, there is no problem in practice. But in real life, it's troublesome. For example, if your car has to be inspected last year, or if you have an accident, you need to follow the name on your driver's license.
That way, you'll have some more contact with him, and it's quite a hassle to deal with. You can imagine it yourself, right? If the ownership of the car has already been decided on you, it is best for you to go through a transfer of ownership.
It can save a lot of trouble, and you can take care of the car by yourself in the future, including buying insurance and so on.
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Since it was divorced? Well, what about this car? It's to the woman, but what, the name, it's the man's name, I think, this should be completely okay, I think it's more appropriate under the name of the woman in the aisle of this transfer, in this way, yes, what about two people?
There is still this benefit, well, since it is already divorced. The best thing is to divide this talent and property clearly, which is the best, and what about the future of saving? What's the matter?
It will also be entangled, so that it will cause greater misunderstandings and contradictions.
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Then your question is that after the divorce, the car belongs to the woman, but the name is still the original man's name, is this okay?
My personal must not be good, you must handle the transfer, it turned out to be you, a family, now you are separated from the two, so you must go through a transfer procedures, and then you can, the fucking amount of the situation should be handled like this, or you um, still driving his car, he will definitely not be able to do it at that time, right, so it is still necessary to transfer him over, so it is more reassuring.
That is a person who has made an answer to your question, I hope it can help you, I hope you can.
Finally, the personal assistant is healthy and happy, good luck, and everything is good.
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To transfer the property with the divorce agreement, the motor vehicle, real estate, and valuable** are subject to the name of the registrant. Since it is said that it is okay, it is better to handle the transfer as soon as possible, so as not to cause extraneous branches.
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After the divorce, the car goes to the woman or the man depends on who contributes.
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After the divorce, the car belongs to the woman, is it okay to be the man's name?
No. Now that you are divorced and the car is owned by the woman, don't use the man's name anymore. Because this will bring a lot of trouble in the future, I have to go to the car transfer to send it to you.
This reduces the hassle in the future. It should be changed. After the divorce, both men and women should belong to which part of the property, then it must be clear that this is no longer as clear as before, it is not clear, it will be given to you in the future, in the future.
The days bring a lot of trouble, and the design is not clear. So whether you are a car or a house, you should figure it out for him at the time, and figure it out later. This will be beneficial to both of them in the future, and each will not make trouble for each other in the morning.
It is not troublesome to transfer ownership of the car, and the transfer is very simple. This also caused a lot of trouble for myself to cut early, if you don't go to the house in the future. Then the man's name.
He said that it was his name, and he would use the car or he would not use it for you, and you would not have nothing to say, so that you would be blocked in your heart, so you must transfer the ownership.
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Although the vehicle is registered in the woman's name, the nature of the vehicle should first be distinguished and the circumstances should be explained according to the different natures.
If the vehicle was purchased by the woman in full before the marriage and belongs entirely to the woman's personal property before the marriage, it will still be owned by the woman at the time of divorce;
If the vehicle was purchased with a prenuptial loan from the woman, and the premarital property of the woman is used to repay the loan after the marriage, and there is no joint repayment of the loan, it is still completely owned by the woman before the marriage, and it is still owned by the woman at the time of divorce;
If the vehicle was purchased with a prenuptial loan from the wife and the loan is repaid jointly after the marriage, the vehicle shall be owned by the woman at the time of divorce, but the parties shall divide the part of the joint repayment;
If the vehicle is purchased in full after the marriage, but the relevant purchase price is paid for with the woman's pre-marital property, it still belongs to the woman's personal property and will not be divided at the time of divorce;
If the vehicle is purchased after marriage using the joint property of the husband and wife, it is the joint property of the husband and wife, regardless of whose name it is registered in, and shall be divided at the time of divorce, but if the down payment is paid with the joint property of the husband and wife and the loan is repaid with the personal property of one party, the corresponding part of the loan repayment shall be divided;
If the vehicle was purchased by the husband before marriage and later renamed to the woman's name, it shall be regarded as a gift to the woman, and shall be the property of the woman, except for the joint repayment of the loan;
If, during the existence of the marital relationship, the man purchases the vehicle with his personal property and registers it in the woman's name, there is some controversy in judicial practice as to whether it constitutes a gift, but the individual believes that it should constitute a gift, and it should be regarded as the woman's property except for the part of the joint repayment of the loan by both parties that needs to be divided.
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Who will divorce the car in the woman's name depends on the circumstances, and the specific circumstances are as follows:
1. The vehicle of the woman's parents should be characterized as the woman's personal property before marriage, and it should not be divided in the event of divorce;
2. If the vehicle is in the woman's name, but it is purchased with joint property after marriage, the vehicle belongs to the joint property of the husband and wife, and the husband and wife can divide the jointly owned motor vehicle through negotiation, and if the negotiation fails, they can file a lawsuit with the court.
Where the husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority. The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.
The joint property relationship between husband and wife is based on the existence of the marital relationship, and when the marriage relationship is dissolved, the joint property is divided. The relevant laws stipulate the principle of division of property in divorce, that is, in the event of divorce, the joint property of the husband and wife shall be disposed of by agreement between the parties; If the agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman.
In rural areas, the rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.
The following property acquired by the husband and wife during the marriage shall be jointly owned by the husband and wife:
1. Salary and bonus;
2. Income from production and operation;
3. Income from intellectual property rights;
4. Property obtained by inheritance or donation, except as provided;
5. Other property that shall be jointly owned.
Husbands and wives have equal rights to dispose of jointly owned property.
Article 1087 of the Civil Code of the People's Republic of China 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.
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There are two types of property: pre-marital property and joint property. Pre-marital property:
The vehicle used by the woman's parents should be characterized as the woman's pre-marital personal property, so it cannot be divided in the event of divorce. Joint property of husband and wife: If the vehicle is purchased with joint property after marriage, and the vehicle is in the name of the woman, the vehicle belongs to the joint property of the husband and wife, and the husband and wife can divide the jointly owned motor vehicle through negotiation, and if the negotiation fails, they can file a lawsuit with the court.
Legal analysis
Premarital property refers to the property acquired before the marriage registration, which is owned by the property owner and does not change the ownership of the property due to marriage. "Joint property of husband and wife" refers to the property jointly owned by the husband and wife during the existence of the relationship between husband and wife. The so-called period of the relationship between husband and wife refers to the period between the marriage of the husband and wife and the death or divorce of one of the spouses, and the property acquired by the husband and wife during this period, unless otherwise agreed, belongs to the joint property of the husband and wife.
Husbands and wives have equal rights to dispose of jointly owned property. The consent of the spouse is required for the disposition of property by one of the spouses during the existence of the spouse. So if the car is bought before the marriage, it belongs to the woman, because it belongs to the pre-marital property, it is the property of the girl alone, and the car bought after the marriage belongs to the woman, then it also belongs to the joint property, the car can belong to the woman, the woman can also give up the car, if the car belongs to the woman, the woman needs to give the man half of the current value of the car in cash, if the woman gives up the car, the man has to pay half of the current value of the woman's car in cash.
Legal basis
Civil Code of the People's Republic of China Article 1062 The following property acquired by husband and wife during the existence of their marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife: (1) wages, bonuses, and remuneration for labor services; (2) Income from production, operation and investment; (3) the proceeds of intellectual property rights; (4) Inherited or donated property, except as provided for in item 3 of Article 163 of this Law; (5) Other property that shall be jointly owned. Husband and wife have equal rights to dispose of joint property.
Article 1063 of the Civil Code of the People's Republic of China The following property is the personal property of one of the husband and wife: (1) the premarital property of one party; (2) Compensation or compensation received by one party for personal injury; (3) Property that is determined in a will or gift contract to belong to only one party; (4) Daily necessities for the exclusive use of one side; (5) Other property that shall belong to one party.
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Regardless of which of the names of the husband and wife is in the name of the husband and wife, at the time of divorce, as long as it can be proved that the car is the joint property of the husband and wife, then it belongs to the subject of division.
In special circumstances, such as the car purchased by the woman herself before marriage, or the outsider designated to give it to the woman, this cannot be divided in principle by the most common property.
The subject question, it is estimated that the car was purchased during the marriage. Although it is in the woman's name, it still falls under the category of separation between the two parties.
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If the car was bought before the marriage, it belongs to the woman, because it is the property before the marriage, and it is the property of the girl alone. If the car bought after marriage is joint property, the car can belong to the woman, and the woman can also give up the car, if the car belongs to the woman, the woman needs to give the man half of the current value of the car in cash, and if the woman gives up the car, the man has to pay half of the current value of the car to the woman.
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If it is bought after marriage, it belongs to the joint property of the husband and wife, and if it is divorced, if it is very clear, then the property is divided!
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The car is joint property in the name of either party, and you can agree on which party the car belongs to in the event of a divorce.
It may affect. Even if the parents are divorced, both parents need to be reviewed politically when the child is in political trial. Because the main content of the political trial is the political situation of the immediate family and the main social relations close to the person, and the relationship between parents and children is not eliminated by the dissolution of the relationship between husband and wife, after divorce, the children are still the children of both parents, regardless of whether they are directly raised by the father or the mother. >>>More
Generally speaking, if a vehicle is purchased during the marriage, it is generally the joint property of the husband and wife, but if the man and woman jointly agree that the car during the marriage relationship belongs to one party, it is also okay, that is, if your wife signs and agrees, the vehicle belongs to you. >>>More
Don't forget it, find another one.
It's very simple, if you are the head of the household, take the divorce certificate to the police station to open a single certificate, you can cancel her household registration, and you don't have to worry about her household registration for the rest.
It is possible to request a certain amount of alimony. According to the new marriage law, the divorced parties should give each other a certain amount of alimony if they are at fault, and most of the property should be awarded to the other party.