Divorce property division issue Please help Thank you

1. On the conditions for divorce.

According to the provisions of the Marriage Law, if the relationship between the husband and wife has indeed broken down, a divorce may be granted.

2. About child support and child support.

For the issue of child support, it is necessary to carefully confirm the circumstances of both parties from the perspective of being conducive to the child's growth, but the child during the breastfeeding period is generally awarded to the woman for support, if it is not a lactation period, it is necessary to see that party is more suitable for the child's growth and solicit the child's own opinion. The parent who does not support the child should pay monthly maintenance until the child reaches the age of 18, and the standard of maintenance is generally between 20 and 30% of the annual income. If one party is not suitable to raise the child during the future maintenance period, the other party can go to court to file a new lawsuit to change the custody of the child.

3. On the division of common property.

The property acquired by one party during the marriage is the joint property of the husband and wife, and the joint property and debts of the husband and wife are jointly owned and borne by the husband and wife, and are generally half of the same person. If one party is at fault, the division of property can be divided with less or no share, and the specific share will be determined by the court. In general, after marriage, the prenuptial bride price is treated as joint property and cannot be refunded, and if there is no marriage, the other party can be asked to return the bride price.

4. About the divorce procedure, required documents and fees.

In the case of divorce by agreement, after negotiation between the two parties, they should go through the divorce formalities at the original marriage registration authority with the divorce agreement, marriage certificate and ID card of both parties and receive the divorce certificate; If one party does not agree or repents of non-performance after signing the divorce agreement, then the divorce shall be filed in the court where the defendant is domiciled, or in the court where the defendant has resided for more than one year, or if the defendant's whereabouts are unknown or imprisonment for more than one year, the divorce may be filed in the court where the plaintiff is located. The first instance is generally 6 months, and the second instance is 3 months. If the court does not leave the first judgment, it can file a new lawsuit after half a year, and the court of the second prosecution should generally rule away.

If the litigation fee for litigation divorce does not involve the division of property, it is generally 50 yuan, and if there is a division of property, the fee shall be paid according to the proportion of the property, which can be referred to the "Litigation Fee Measures".

The gods and horses are all floating clouds, ask if there is a wood in the feelings, and you can't afford to hurt the people who have feelings.

If there is no other evidence to prove that the property was donated by the father to the woman, it shall be recognized as joint property. The real estate certificate is a certificate of rights, and in principle, the principle of registration is adopted. That is, whoever is registered is whom, and the relevant attribution matters recorded on the real estate certificate are invalid, and the individual has no right to record.

Unless there is other written or other strong evidence to prove that the father gave it to you alone. Otherwise, in principle, the marital gift is a gift to both husband and wife, and the house is registered in the name of the man, it should be recognized as a gift from the father to the husband and wife.

It's best to ask a lawyer, I hate those who don't answer the questions and show the divorce law and regulations, my opinion is that if it is proved to be the woman's personal pre-marital property, it will belong to you, (there must be,) now there is no joint property before marriage, if your father gives the man after marriage, it is joint.

Girl, don't divorce easily, don't be a master, go to the law firm and ask.

You can go to court and apply for property preservation so that the court can investigate the amount of your father's property. If you have the difficulty, you can call a lawyer.

is problematic. Pensions are joint property. Apply for pre-litigation property preservation! The court will investigate your father's property accounts on its own.

1 The joint property of the husband and wife is theoretically divided equally, unless one of the spouses is at fault;

2. The pension is the joint property of the husband and wife and can be divided;

3. Evidence of missing common property can be proved to the court, and if the evidence cannot be adduced, the court may be applied for inquiry;

4. If no evidence is adduced, according to the above circumstances, in the case of no fault, it will be divided equally.

You should provide the court with ** and ** evidence, and if you can't collect it, you can apply to the court to help you seize your father's property.

Lawyer Wei Ruibiao.

Hello, according to who asserts who adduces evidence, your mother should provide evidence to the court if she wants to prove your father's other property.

Lawyer Wang Lin.

Your mother has half of the property, and her gambling does not affect the division of property, and your father's practice is not right.

First of all, the jewelry purchased during the marriage. It is the joint property of your husband and wife. It is necessary to be included in the scope of the division of common property. If it is your pre-marital jewelry, it is your personal property and is not joint property and is not included in the scope of division.

Secondly. During the marriage of the spouses, the necessary living expenses given by one party to the other party are also not within the scope of the division of property. However, if one party gives to the other party a deposit, it is the joint property of the husband and wife and needs to be divided.

Necessary living expenses are given to you each month for no more than a certain amount of money for your monthly life.

In the end, the division of property between your spouses is limited to the immovable and movable property purchased after your marriage. and other property used for the joint life of the spouses. The savings are also a joint matter between you and your husband and wife, and they need to be divided.

If it has already been spent, and it has been spent for a valid reason, then there is no legal basis for the man to ask you for the money.

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.

The property is not the property of the husband and wife! Personal property does not change its property ownership attributes due to its transformation of form! "Mother added another 20,000 yuan", the part of 20,000 yuan, if your mother did not give it to you separately, it belongs to the joint property of the husband and wife.

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.

If you were a minor at the time, you would not have had a share of your stepfather's pre-marital property as long as you can prove that the money you paid back was from your stepfather's marriage. If you are an adult when you get it, it has nothing to do with him at all, and you don't even have to think about whether it is a pre-marital property.