Divorce lawsuit property division urgent help!

Updated on society 2024-03-15
7 answers
  1. Anonymous users2024-02-06

    This one certainly can't be transferred. The house is legally part of the joint property of the husband and wife. Even just your wife's own name doesn't change that fact.

    If she really deceived a bona fide third party into buying a house, then when you sue for divorce again, you can also claim compensation from your wife.

    Of course, taking property preservation measures is also a very good option.

  2. Anonymous users2024-02-05

    Even if the real estate certificate is only in your wife's name, as long as you don't sign a prenuptial financial agreement, even if your wife sells the left floor, or the property is transferred, you must agree to it, if it is transferred in private, of course, you can use legal means, or you get back the general money, the last step is just to protect the interests of citizens by law, it is best to solve it privately, and the biggest loss in court is your land, which is time-consuming and labor-intensive.

  3. Anonymous users2024-02-04

    This is unlikely, if she transfers property during this time, you can directly refute it with the evidence this time. To be transferred, it should be before the first lawsuit. But you still have to be careful, excuses are easy to find.

    So she can just make an excuse to transfer, and you have to pay more attention to the evidence in this regard.

  4. Anonymous users2024-02-03

    1. Three months before the verdict is made? What kind of court? Indissoluble.

    2. Under normal circumstances, the second prosecution will definitely be able to be dismissed.

    3. Don't worry, you take the marriage certificate ID card to the housing management office to ask.

  5. Anonymous users2024-02-02

    If the parties are unable to resolve the issue of division of common property through consultation, in order to make the distribution of common property reasonable and reasonable, the principle of division determined by China is: uphold equality between men and women, protect the rights and interests of women and children, take care of the innocent party, facilitate production and life, and solve the problem of division in a reasonable and reasonable manner.

    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 is the joint property of the husband and wife and is 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: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.

    Article 1064:Debts incurred by both husband and wife as jointly signed by both husband and wife or by one of the husband and wife as a result of a joint expression of intent, as well as debts incurred by one of the husband and wife in their own name during the existence of the marital relationship for the daily needs of the family, are joint debts of the husband and wife.

    Debts incurred by one of the spouses in his or her own name during the existence of the marital relationship in excess of the daily needs of the family are not joint debts of the husband and wife; However, the creditor can prove that the debt was used for the husband and wife's common life, joint production and business, or based on the common intention of the husband and wife.

    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 1087: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 1089:In the event of a divorce, the joint debts of the husband and wife shall be repaid jointly. Where the joint property is insufficient to be paid off or the property is owned by each other, the two parties shall settle it by agreement; If the agreement is not reached, the people's court shall make a judgment.

  6. Anonymous users2024-02-01

    Here's how it is:

    In divorce proceedings, the division of the joint property of the husband and wife shall be subject to the determination of the joint property of the husband and wife. Property acquired by either party during the marriage is considered to be the joint property of the husband and wife and is divided in the event of divorce.

    According to what you said, the woman's father financed the purchase of a house after marriage, what was the situation at that time? In whose name is the property registered? What is the specific investment status? These will affect the identification of the property.

    And how exactly did the two houses for which the woman and her parents received compensation in their hometown be obtained? What is the standard of compensation for the parties? These will also affect the final judgment. If you have your share of the housing compensation in the countryside, it can be divided in the event of a divorce.

    Finally, for the sake of prudence, it is recommended that you bring the relevant materials to the local law firm for detailed consultation!

    Positive reviews are the motivation to continue, if you like my feelings, you can rate them below.

  7. Anonymous users2024-01-31

    1.If your mother's name is written on the title deed, then your mother is the owner of the house, and your mother has the right to use the house and decide to use it.

    2.You are an adult and have exceeded the scope of education (you will only be paid below high school), so your father can legally not be liable to you (unless you are unable to work and there are some special circumstances).

    3.Your younger brother (minor) can be supported with his living expenses, but he may not be responsible for the tuition fee (if there is an agreement to take care of your brother's studies, it will be said otherwise).

    4.It depends on which party your brother will award to, because he is a minor and his property is in the hands of the guardian.

    5.Article 47 of the Marriage Law of the People's Republic of China clearly stipulates that if one party falsifies debts during divorce and attempts to encroach on the property of the other party, when dividing the joint property of the husband and wife, this party may divide the joint property of the husband and wife.

Related questions
14 answers2024-03-15

1. If the fund-raising funds are paid during the marriage, the real estate belongs to the joint property of the husband and wife and shall be divided equally. >>>More

9 answers2024-03-15

Divorce not only dissolves the personal relationship between husband and wife, but also terminates the property relationship between husband and wife, and naturally raises the issue of the identification and division of marital property. >>>More

26 answers2024-03-15

1. For the first house, the property certificate you said is in the woman's name, which means that the woman's property certificate or the owner of the property has been changed to the woman. If it is the former, the house is still a pre-marital property, and the woman cannot share it. If it is the latter, it depends on the time of the change, if it is changed before marriage, then the house is the woman's personal property and belongs to the woman; If it is changed after marriage, the house is the joint property of the husband and wife, and in principle, one and a half are for each person. >>>More

10 answers2024-03-15

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.

4 answers2024-03-15

This should not be in accordance with the law, because everything in the marriage belongs to the joint property of the husband and wife, and the husband and wife have the right to control it, and besides, the household given during the marriage is a daily expense, how can he ask for it again, didn't he use it before? A scumbag like this, you can find a better lawyer to sue him, get and protect your legitimate rights and interests.