The problem of zero deposits between the parties at the time of divorce

No. As long as the property is in the child's account, then the ownership of the money belongs to the child, and the money does not fall under the category of property division. However, if one party has sufficient evidence to prove that the other party concealed the property through such acts, he or she may file a lawsuit with the people's court to request that the joint property of the husband and wife be divided again.

I believe that this situation should be analyzed in such a way that the parents are the legal guardians of the minor children, and they do not have a labor income of their own, but they can carry out civil activities that are appropriate to their age and intelligence. The General Principles of the Civil Law and the Contract Law stipulate that the lawful acts of minors for the sole purpose of obtaining benefits are protected by law.

In other words, parents, as guardians, only have the obligation to keep the child reasonably and to spend the child's property reasonably for the benefit of the child, and cannot be divided as the joint property of the husband and wife. Unless, one of the parents can prove that the other parent is in bad faith, i.e., the transfer is made in bad faith for the purpose of not dividing the property. There is no doubt that the transferring party is sure that he will be able to obtain custody and custody of the children, otherwise he would not have done so.

According to the laws of our country, if there is a division of property at the time of divorce, and there is later evidence that the other party has concealed or transferred property, the other party may file another lawsuit on the property issue within one year after the judgment takes effect.

If there are deficiencies, please correct!

Normally not, because the child can be given by someone else even though he has no income. Unless both husband and wife believe that the money is the joint property of your husband and wife, and there is evidence that it is indeed the joint property of your husband and wife, it is possible to divide it according to the joint property of the husband and wife.

No. The child is a separate legal person unless there is sufficient evidence.

Legal analysis: the disposal of deposits in the event of divorce shall be handled by agreement between the parties if they belong to the individual and belong to the individual and belong to the joint property of the husband and wife; 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.

Legal basis: Civil Code of the People's Republic of China

Article 1076 Where both 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.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

Article 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.

Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If the agreement fails, the People's Court of Yamahozakura shall 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 47: At the time of divorce, where one party conceals, transfers, sells, or destroys the property jointly owned by the husband and wife, or falsifies debts in an attempt to encroach on the property of the other party, when dividing the joint property of the husband and wife, the party who conceals, transfers, sells, or destroys the joint property of the husband and wife or falsifies debts may receive a smaller share or no share.

But gather evidence. Without evidence, it cannot be supported by the court. If the bank's transaction records cannot be found, apply to the judge to obtain them.

If it is deposited after the marriage and it cannot be proved that it is the property before the marriage, then it belongs to the joint property of the husband and wife after the marriage, and it can be requested to be divided equally, which is a transfer of property, and the court may be requested to collect evidence and require the other party to share less or no share of the transferred amount.

Beijing marriage and family lawyer Liu Dalai.

As long as you can prove that the man has the money from your husband, you can square it. Community property refers to the various incomes of the husband and wife after marriage. So, your husband's money is your marital property.

It can be argued that the husband has to explain the reasonable use of the money, otherwise the court will not accept it.

It does not count as the joint property of the husband and wife, if you ask for an equal division. It may require a large amount of evidence collection, which is cumbersome and may not be available, so you can consult a local professional lawyer.

Counting the joint property of the husband and wife, they have the right to demand a share, and it is more or more or all of it, because the husband has hidden or transferred the property.

Does it depend on whether the deposit time is before or after marriage?