The right to ownership of property in the divorce of parents! Parents divorce to whom the mother s p

1) The right of inheritance of children arises on the basis of the existence of direct blood relations between parents and children or legal fictitious blood relations. Therefore, it does not affect the inheritance rights of the children, in other words, even if your mother dies, you and your two sisters still have the right to inherit, and the house belongs to your three siblings;

2) It is necessary to clarify whether the result of the treatment in the item is the result of the agreement between the husband and wife or the result of the court judgment, because this will affect the registration of the change of property rights of the house where your mother lives, if it belongs to the former, it should be changed to the real estate registration part after the divorce of the parties, if it belongs to the latter, even if it is not changed, it is only not against the third party; If it is a divorce by mutual agreement, but there is no change of registration, your father has the right to prevent him**, but he can't change the registration; In the case of a divorce by a court decision, your mother has independent ownership of the house, which is a hereditary and absolute right, and the law prohibits anyone from hindering her exercise. To sum up, if there are no special circumstances such as other gift relationships, you have no right to organize it**. Thank you!

In the event of a divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; 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.

According to the Marriage Law of the People's Republic of China:

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.

Article 40: Where husband and wife agree in writing that property acquired during the existence of the marital relationship shall belong to each other, and one party has paid more obligations for raising children, taking care of the elderly, assisting the other party in work, etc., they have the right to request compensation from the other party at the time of divorce, and the other party shall make compensation.

Article 41: At the time of divorce, debts originally incurred by the husband and wife while living together shall be repaid jointly. If the joint property is insufficient to be repaid, or the property is owned by each other, it shall be repaid by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment.

Article 42 At the time of divorce, if one party is in difficulty, the other party shall give appropriate assistance from his or her housing and other personal property. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

The property belonging to one of the mothers in the divorce of the parents is the personal property of the mother and remains the property of the mother, and neither the child nor the father has the right to divide it. At the time of divorce, only the part of the joint property of the husband and wife can be divided by the husband and wife through negotiation, and the ownership of the property belonging to one party before marriage will not change after the divorce, and it will still belong to one party.

Legal basis

Article 1063 of the Civil Code 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.

The Civil Code stipulates that the personal property of the mother whose parents are divorced shall belong to the mother, and only the surplus of joint property shall be divided. According to the relevant laws and regulations, if there is an agreement on the ownership of property before or after marriage, it shall be executed in accordance with the agreement. Legal basis

Article 1087 of the Civil Code provides that in the event of divorce, the joint property of the husband and wife shall be disposed of by agreement between the parties; 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 1062:The following property acquired by husband and wife during the existence of their marital relationship is 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. Article 1063: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 obtained by one party for personal injury suffered as a result of the sale.

Legal analysis: only the joint property of the husband and wife can be divided, and the property of the parents has nothing to do with the parties and has no right to divide.

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

Article 1065:A man and a woman may agree that property acquired during the existence of the marital relationship and property acquired 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 not clear, the provisions of articles 1062 and 1063 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 legally 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 counterpart, the personal property of the husband or wife shall be repaid.

Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply in person to the marriage registration authority for registration of divorce.

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 situations that lead to the breakdown of the relationship between the 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.

1. For the disposal of property after divorce, in principle, one person and half should take proper care of the woman and children. A house, if there are more rooms, can be occupied, can be shared by the house, and the rooms are separated; If there are not so many rooms, the party with the 14-year-old child should be taken care of, and the house should belong to the party with the 14-year-old child, and the corresponding party should compensate the other party at half of the price The question of who has custody of the 14-year-old child should be consulted and the child's growth should be as good as possible.

If a 20-year-old child is an adult and is not yet employed and is attending school, both parties should pay for the completion of his or her schooling, and he or she should be provided with a place to live as much as possible.

1. When the parents divorce, the division is the joint property of the husband and wife, and has nothing to do with the children. The agreement is to have a house each, which naturally belongs to each of them.

2. The house owned by the mother in the divorce by agreement, although it is a welfare subdivision of the unit, regardless of whether the father's length of service is used or not, it is obtained during the existence of the marital relationship, and the property right certificate has been obtained, which belongs to the situation stipulated in Article 17 of the Marriage Law, and the house shall be recognized as the joint property of the husband and wife, and there shall be equal rights to dispose of it after the divorce.

Divorced property is the joint property of the husband and wife, and should generally be divided equally and has nothing to do with the children, but if the children are minors, both parties have the obligation to raise the children.

Divorce is a personal act of both the father and the mother, and it is the responsibility of the parents to take into account the interests of the minor children before the act is committed. The law on joint property provides for joint division.

1.The loan is used to purchase the joint property of the husband and wife - the house, which should be jointly borne by the husband and wife;

2.The mortgage that has been paid shall be borne jointly by the husband and wife, and the mortgage after the divorce shall be borne by the party who acquired the house.

3.If the husband is at fault, he should divide the property less, and the woman can also request the man to compensate;

3.The woman can fight for the custody of the two children, depending on the conditions of both parties and whether it is conducive to the growth of the child, and the daughter's opinion should also be sought for the upbringing of the daughter.