Regarding the division of property and child support in the divorce, I don t have much to do, but I

Hello! If you have not received a marriage certificate so far, you are not legally married, and there is no divorce problem, and your relationship can only be treated as cohabitation.

During the period of cohabitation, the principle of property disposal is as follows: the property purchased jointly by the two parties is jointly owned, and the property purchased by one party belongs only to him, but if the other party has financial support or labor to help, the share of the property of one party can be determined according to the size of the role.

The principle of dealing with children is that the kinship and custody relationship of a child born during the period of cohabitation shall not be changed by the dissolution of cohabitation.

In light of the law and what you said, in principle, the property belongs to the man, but if the woman has contributed to the purchase of the house, or if she has put in a lot of labor in the process of purchasing and decorating the house, she can get a certain share of the property. If the woman has nowhere to live after the dissolution of cohabitation, she can claim the right to reside in the existing residence. Because the child is still in early childhood, it is more conducive to the child's growth to be taken care of by the mother, and the woman can claim custody of the child, but the man must also bear the cost of raising the child.

If the man is at fault, the woman can be compensated more. Of course, the child is also a problem, who is awarded to estimate the child's wishes, and if the child is awarded to the woman, the man has to pay alimony in addition.

Regardless of whether you have a certificate or not, more than 4 years is a de facto marriage. This kind of marriage law will be biased in favor of the victim, and you, as the victim, should get a good outcome

Hello. 1.About the division of property in divorce.

If there is no agreement, the division of property after divorce is theoretically divided equally. If the other party infringes upon the property of the other party through illegal means, including concealing, transferring, selling, destroying, or squandering the joint property of the husband and wife, the other party may request a small share or no share of the joint property of the husband and wife at the time of divorce.

2.About child custody.

In principle, under the age of two years with the mother, and from the age of two to eight years old, a comprehensive judgment should be made based on the various circumstances of both parties. Children over the age of 8 will be respected. Based on past litigation experience, it is believed that the main factors considered by the court when determining the ownership of child custody include the parents' financial ability, educational background, children's original living environment, grandparents' educational background and willingness to raise children.

In general, it is conducive to the healthy physical and mental growth of minor children is the general principle for determining the ownership of child custody.

Legal basis] Article 1084 of the Civil Code: The relationship between parents and children shall not be extinguished by the divorce of the parents. After divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or mother.

After divorce, parents still have the right and obligation to raise, educate and protect their children.

In the event of a divorce, children under the age of two shall be raised directly by their mothers. For children who have reached the age of two, and the parents fail to reach an agreement on the issue of child support, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child. Where children have reached the age of 8, their true wishes shall be respected.

Article 1087: In the event of divorce, the joint property of the spouses 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: If one of the spouses has more obligations due to raising children, taking care of the elderly, assisting the other spouse in work, etc., he or she has the right to request compensation from the other spouse at the time of divorce, and the other spouse shall pay 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.

Article 1090: In the event of a divorce, if one party is in financial difficulty, the other party who can afford it shall provide appropriate assistance. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

Article 1091: In any of the following circumstances, the innocent party shall have the right to claim damages if the divorce is caused: (1) bigamy;

2) cohabitation with another person;

3) Committing domestic violence;

4) Abuse or abandonment of family members;

5) There are other major faults.

Article 1092: Where one of the spouses conceals, transfers, sells, destroys or squanders the property jointly owned by the husband and wife, or falsifies the joint debts of the husband and wife in an attempt to encroach on the property of the other spouse, the spouse may receive a lesser or no share of the joint property of the spouse in the case of divorce. After the divorce, if the other party discovers that he or she has committed any of the above-mentioned 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.

Hello! If you can't reach an agreement in the end, you need to settle the child custody and property division issues through litigation.

1. According to what you said, the house you bought in Wuhan is a matter after marriage, and according to the provisions of the Marriage Law, the property is the joint property of the husband and wife, no matter which party's name is on the real estate certificate. In case of divorce, in principle, it will be divided equally.

If the house payment is not paid in full, then determine the total value of the property according to the payment and the corresponding appreciation (for example, the down payment of 300,000 + 2400 square meters * 80 appreciation), if he wants a house, he must compensate you half of the current value of the property (according to the previous example, 10,000 yuan), and the future mortgage will be borne by him alone.

2. If the court comes to judge, because the child is young, it will be awarded to you; The husband is required to pay monthly alimony at 20-30 per cent of his monthly income.

3. Before you file a lawsuit, prepare a complaint, stating the request for divorce, specific requests (such as specific requirements for custody and property division), factual basis, etc.

Hehe, first of all, let me tell you that you still don't know much about your wife.

It is estimated that you are a good new man, who is obedient to his wife before marriage, and is also used to and spoiled after marriage. Then, the burden of the family is thrown on the parents again.

Both of you are not mature enough to underestimate the problems of children, housework, housework, and expenses after marriage, so most of the conflicts are when these inevitable problems in life arise, and you don't know how to face them, and it is not the fault of either party's character.

It is recommended that you have a good talk and communicate your future family plans, when to buy a house by yourself, and when to raise your own children, which will cost money. Perhaps, a common goal will make you understand each other.

If you really get divorced, raising the children depends mainly on who is beneficial to the children.

You have the advantage in terms of financial resources; But at the age of the child, he is still very young, and for the sake of the child's growth, it may also be awarded to the woman.

If you really want to get a divorce, it is recommended to consult with a local lawyer, and there are some differences in the judgment standards in different places, so please ask the lawyer to give an idea.

It is better to reconcile, after all, it is not a matter of principle.

1. The house belongs to your parents and has nothing to do with you.

2. You have not signed a prenuptial property agreement, so theoretically speaking, you still have joint property during the existence of your husband and wife, including the wages of both of you, and if you divorce, you will have half of each person. If the jewelry belongs to your wife, it belongs to your wife.

3. The child is still breastfeeding, and the judge under the age of two will generally award it to the woman.

First of all, regarding the custody of the child, the child is mainly taken care of by your parents, and your own economic conditions are better, from this point of view, the custody of the child belongs to you, which is more conducive to the child's growth.

Second, with regard to the joint property of husband and wife: the income obtained after marriage (including the salary, bonus, production and operation income of one or both parties, etc.), if there is no special agreement between the husband and wife, is joint property, and it is generally divided equally.

Regarding real estate, "the marriage house is my father's" is not your marital property.

In principle, children under the age of 2 should be raised by the woman.

Lawyer Zhang Rendong of Zongheng Legal Network.

Hurry up and collect and find evidence The investigation is clear and fight for every cent of his property, and the child forcibly grabs it The court can't help it.

1. On property issues.

Article 17 The following property acquired by husband and wife during the existence of their 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.

Article 19: Husband and wife may agree that property acquired during the existence of the marital relationship and property before marriage shall be owned separately or jointly, or partly separately or partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is unclear, the provisions of articles 17 and 18 of this Law apply.

The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is binding on both parties.

If the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the third party, the debts shall be paid off with the property owned by the husband or the wife.

2. Child rearing issues.

Article 36: The relationship between parents and children is not extinguished by the divorce of parents. After divorce, the child remains the child of both parents, regardless of whether they are raised directly by the parent or the parent.

After divorce, parents still have the right and obligation to raise and educate their children.

After divorce, the child who is breastfeeding shall be raised with the nursing mother. If the two parties cannot reach an agreement due to a dispute over the custody of a child after breastfeeding, the people's court shall make a judgment based on the rights and interests of the child and the specific circumstances of both parties.

Article 37: After a divorce, the other party shall bear part or all of the necessary living expenses and education expenses for the children raised by one party, and the amount of the expenses 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.

An agreement or judgement concerning the maintenance and education of the child shall not prevent the child from making a reasonable demand to either parent, if necessary, in excess of the amount originally agreed upon in the agreement or judgment.

Article 38: After divorce, the parent who does not directly raise the children has the right to visit the children, and the other party has the obligation to assist.

The method and time for exercising visitation rights are to be agreed upon by the parties; If the agreement is not reached, the people's court shall make a judgment.

Hope that helps.

If you have any questions, please feel free to contact us.

Hello, explained below:

1 If the child is still breastfeeding, if the woman does not give up voluntarily, the judgment will generally be given to the woman to custody, so if you want to sue for divorce, it is recommended to wait until the child reaches the age of two before suing.

2 The house is your father's property, which has nothing to do with you, and cannot be divided as joint property.

3 If your savings can be proved to be before marriage, you will not participate in the distribution as your personal property, otherwise it will be recognized as joint property.