The distribution of property in the divorce is urgent. Urgent, divorce property distribution please

In the case that some spouses buy a car and a house for Xiao S, how to distribute the divorce property of the husband and wife? In such a case, the spouse has every right to claim restitution.

How to distribute the property of the husband and wife in divorce.

Looking at your problem, it feels like you, your mom, and that agreement are a point of view. It's the façade that belongs to you. And your father may want to go back on it.

That's not what it means. Let's start with that façade. If your father can't produce strong evidence.

Then that asset should belong to the joint property during the marriage.

Article 17 of the new Marriage Law stipulates that the following property acquired by a husband and wife during the existence of a 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.

So, that façade can be seen as common property.

However, let's look at Article 18, Paragraph 3 of the Marriage Law

3) Property that is determined in the will or gift contract to belong to only one of the husband or wife;

If your father wants to prove that the façade belongs to him, he can only use the agreement to prove that it is a gift to himself.

However, this gift is a conditional gift. If your father wants to prove that he is his, he must abide by that condition, that is, the father will be yours after a hundred years. Otherwise, the donor can take the façade back.

So on the whole, it's good for you. First of all, your father definitely doesn't want to give half to your mother, so you have to come according to the agreement, according to the agreement, and the façade will be yours in the future.

The division of your parents' divorce property can be negotiated on their own or decided by the court. The inheritance of your façade is still yours as long as you don't agree.

The house downstairs is joint property and should be divided in the event of divorce, usually half of one person.

The 50,000 yuan paid by the man's mother, if there was an agreement at the beginning, the agreement will follow. If there is no agreement, in judicial practice, it is regarded as a loan and should be returned, and one person generally bears half of it.

The car, because it is registered in someone else's name, its ownership belongs to the person who registered, if your friend can cite the money contributed by his husband, you can buy back the car as the owner of the fund. The purchase price of the car is joint property and should be divided. Usually one and a half.

If the mortgage has not been paid off, the mortgage must be paid off and the bank will be released before it can be divided. However, there are also individual banks that allow a change of owner before the loan is repaid. Specifically, you can consult the lending bank.

In civil cases, whoever asserts it is responsible for the proof. According to your description, it is a bit difficult to prove your friend's matter. It is advisable to appoint a lawyer**.

The woman's clothing and items that can only be used by the woman belong to the woman. But jewellery is joint property.

Whoever is registered in the vehicle is the owner. If your friend can prove that he used the funds of his joint property of the husband and wife, he can buy back the car as the owner of the funds and divide it.

If the marital property is jointly owned, and one of the parents contributes the money, it can be deemed to be a gift (if it is not clearly stated that it is for one of the husband and wife, it is deemed to be jointly owned), and it does not need to be repaid.

The car is owned by a third party and is a gift from you to a third person, but you should not repay the loan.

If it is purchased with personal property after marriage, it can be your own for personal use, but you must be able to prove that you are using your personal property and not joint property.

The house is a joint property and needs to be divided equally.

If there is no written evidence, it depends on the degree of recognition of the parties. The car is not easy to do. On the note, you don't have a share. houses, half each.

First of all, Article 18 of the Marriage Law shall be the property of one of the husband and wife under any of the following circumstances:

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.

Therefore, there is 50,000 yuan in a passbook in the woman's name before marriage, which should belong to your pre-marital property. The store is in the woman's name and should be distributed to the woman, but the woman should pay the man Wanhe other expenses and half of the income from the opening of the store. The car was allocated to the man, but the man paid the woman 2,500 yuan.

Because the 5,000 yuan that the man added for the car is the income after marriage, which belongs to the joint property. The money in the husband's post-marital salary card belongs to the joint property after the marriage and is divided equally between the two parties.

Secondly, the determination of the party at fault for the divorce is based on Article 46 of the Marriage Law of the People's Republic of China, which states that "if any of the following circumstances leads to divorce, the innocent party has the right to claim damages: (1) bigamy; (2) A person who has a spouse cohabits with another person; (3) Committing domestic violence; (4) Abuse or abandonment of family members". If the woman claims divorce on the grounds of domestic violence, the court will find the husband to be at fault according to the specific circumstances.

How to distribute the property of the husband and wife in divorce.

Hello, at the time of the divorce, the spouses had not yet taken ownership of the house they lived in.

That is, a house that has signed a sales contract during the marriage, but has not obtained a title certificate. If the husband and wife, as buyers, fail to pay the full purchase price and fail to obtain the property ownership certificate, they can be dealt with in accordance with article 21 of the Interpretation (II) of the Marriage Law, that is, it is not appropriate for the people's court to make a judgment on the ownership of the house, but shall make a judgment to be used by the parties according to the actual situation. After the parties have obtained full ownership, if there is a dispute, they may separately file a lawsuit with the people's court.

If the full price of the house has been paid and the legal relationship of house ownership is relatively clear, the people's court may determine the following circumstances as joint property of the husband and wife as long as the ownership registration procedures are completed.

Therefore, you can only go to court to file a lawsuit after the transfer of your property has been registered.

This house is the joint property of the husband and wife, and if it is not agreed, the house will be divided equally.

Jointly owned, but the money for the down payment is owned by you if you can prove it, and in the case of divorce, the house is awarded to one party, and then the other party pays the money.

Normally, everything is half of a person, and the only thing that belongs to you is the life insurance you buy, and life insurance is the only thing that belongs to the divorce property and is not divided.

If the original house price is 100,000 yuan and the down payment is 30,000 yuan, then 3/10 is your pre-marriage property. 7/10 is your marital property, and 7/10 is one for each person.

It belongs to you, but you have to compensate the man half of the money.

1.His father's house is not the property of your husband and wife, and it cannot be divided in the event of divorce.

2.The other set is the joint property of the husband and wife if it is acquired during the marriage. (Unless otherwise agreed).

3.How to divide it can be negotiated, and if the negotiation fails, the court's handling principles are as follows:

If the parties cannot reach an agreement on the value and ownership of the house in the joint property of the husband and wife, the people's court shall handle it separately according to the following circumstances:

1) If both parties claim the ownership of the house and agree to obtain it through bidding, it shall be permitted;

2) If one party claims the ownership of the house, the appraisal agency shall evaluate the house according to the market, and the party that obtains the ownership of the house shall give the other party corresponding compensation;

3) If neither party claims the ownership of the house, the house shall be auctioned according to the application of the parties, and the proceeds shall be divided.

Article 20 of the Interpretation (II) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China).

Beijing divorce lawyer Li Ying.

You can only divide the house that has not yet paid off the loan. It can be negotiated and processed.

Answer: The division of divorce property follows the following principles: (1) The parties decide through negotiation. The division of property between the husband and wife in the event of divorce shall be carried out by both parties on the basis of the principle of consensus, and cannot be decided by one party.

2) Equality between men and women. (3) Take care of the rights and interests of children and women. If the negotiation fails, the people's court 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 and the woman.

4) The principle of compensation. (5) The principle of taking care of the innocent party.

Pre-marital property, not divided. On the issue of divorce, if the two parties have successfully negotiated and reached an agreement on divorce, property division, child support, and debt burden, they can go to the civil affairs bureau where one party's household registration is located to register the divorce; If the two parties fail to reach an agreement through negotiation, they can be resolved by litigation. You should provide relevant evidence to prove that the relationship between the parties has broken down and the case has been filed.

Article 32: Where a man and a woman request a divorce, the relevant departments may conduct mediation or directly file a divorce lawsuit with 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 should be granted.

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

1) bigamy or cohabitation of a person with a spouse;

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

3) Those who have bad habits such as gambling and drug abuse that they do not change;

4) Separated for two years due to emotional discord;

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

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