Bring in professionals and lawyers regarding post divorce property issues

As long as the property is agreed upon through negotiation, it does not have to be divided equally, and the divorce by agreement can be completed in only half an hour.

Article 39 of the Marriage Law In the event 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.

Divorce by mutual agreement: Marriage Registration Regulations

Article 10: Where a mainland resident voluntarily divorces, both men and women shall jointly go to the marriage registration authority for the place where one of the parties has a permanent residence to register for divorce.

Article 11 Mainland residents who go through divorce registration shall present the following documents and supporting materials:

1) The person's household registration booklet and ID card;

2) The person's marriage certificate;

3) A divorce agreement signed by both parties. Two one-inch photos of each.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the opinions reached through consultation on matters such as child support, property and debt disposition.

Article 12: In any of the following circumstances, the marriage registration authorities shall not accept the divorce registration of the parties to the divorce registration:

1) Failure to reach a divorce agreement;

2) They are persons with no or limited capacity for civil conduct;

Article 13: Marriage registration organs shall review the documents and supporting materials issued by the parties to the divorce registration and inquire about the relevant circumstances. Where the parties are truly voluntarily divorced and have reached a consensus on issues such as child support, property, and debts, they shall be registered on the spot and a divorce certificate shall be issued.

Legal analysis: 1. In addition to the case handling fee of 3,000-5,000 yuan per case, the practicing lawyer** participating in the mediation and litigation of the case should also be negotiated in the following proportions:

The subject matter of the dispute is subject to an additional fee ratio.

Less than 10,000 yuan is exempted.

1--100,000 yuan (including 100,000 yuan) target amount x (6%--9%)

10--200,000 yuan (including 200,000 yuan) (target amount - 100,000 yuan) x (4%--8%) 1--100,000 yuan partial charge).

20--500,000 yuan (including 500,000 yuan) (target amount - 200,000 yuan) x (3%--6%) 1--100,000 yuan partial charge) (1--200,000 yuan partial charge).

50--1 million yuan (including 1 million yuan) (subject amount - 500,000 yuan) x (1-100,000 yuan partial charge) (10--200,000 yuan partial charge) (20-500,000 yuan partial charge).

100--10 million yuan (including 10 million yuan) (target amount - 1 million yuan) x (1%--2%) 1--100,000 yuan partial charge) (10--200,000 yuan partial charge) (20--500,000 yuan partial fee) (50--1,000,000 yuan partial charge).

More than 10 million yuan (subject amount - 10 million yuan) x (1-100,000 yuan partial charge) (10--200,000 yuan partial charge) (20-500,000 yuan partial charge).

50--1,000,000 yuan partial charge) (100-10,000,000 yuan partial charge).

Cases that have been handled in the first instance and then in the second instance may have their fees reduced.

2. Where the burden of litigation costs in divorce cases is to be settled by both parties through negotiation, the people's court shall decide.

3. Practice. The law stipulates that the litigation costs are generally borne by the losing party, and whether the divorce lawsuit is divorced or not, the divorce will involve issues such as property division and child support, and although the divorce claim is supported, the property division also protects its rights and interests, and the litigation costs must be borne by the party suing the plaintiff. The parties are still husband and wife, and the property is still joint and not divided between them.

Therefore, the court generally handles the litigation costs in divorce proceedings, and both parties share the costs.

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

Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by agreement between the two 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.

Legal analysis: Generally, you can hire from a local law firm. No matter what the civil dispute is, it definitely costs money to hire a lawyer.

If possible, we can choose to hire a lawyer, because a lawyer not only knows a lot of legal knowledge that we don't understand, but also can help us see through some other people's legal routines.

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

Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority. The divorce agreement shall clearly state the parties' intention to divorce voluntarily, an expression of remorse, and a 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 file a divorce lawsuit with the People's Court. People's courts hearing divorce cases shall go to Changchang for mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

The necessity of finding a lawyer for divorce depends on the specific situation, and the law does not stipulate that you must find a lawyer. Whether or not to hire a lawyer depends on the individual's wishes and financial situation. Cases involving litigation generally involve a lot of procedural and evidentiary issues, which are difficult for ordinary people to deal with properly, and often the financial and material resources they have paid are very different from the outcome of the case, so it is recommended to hire a professional lawyer to deal with them.

Article 10 of the Measures for the Management of Lawyers' Service Fees: Lawyers' service fees may be based on different service contents, employing methods such as piecework fees, fees proportional to the subject amount, and hourly fees. Piecework charges are generally applicable to legal matters that do not involve property relations; The pro-rata fee is applicable to legal matters involving property relations; Hourly charges can be applied to all legal matters.

1. If the child has reached the age of two, and your conditions are better than the woman's, which is more conducive to the child's growth, you can ask the child to be raised by you when you divorce, and the possibility of support is very high;

2. It is the obligation of both parties to raise the child, and if the child is raised by you, the woman should also bear part of the maintenance costs;

3. The husband and wife shall divide the joint property in the divorce, which is not the property of the husband and wife, and cannot be divided.

4. There is no obligation to pay other expenses except for dividing property and raising children. Unless the woman is unable to live and offers financial help.

Liu Zhaoyan, a lawyer in Beijing.

You can apply for custody of your child and then she will be responsible for part of the child support.

1. Look at the legal provisions first. Article 17 of the Marriage Law The following property acquired by a husband and wife during the existence of the 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.

Article 18: In any of the following circumstances, it is the property of one of the husband and wife: (3) The property of only one of the husband or wife is determined in the will or gift contract.

2. So you don't have to be so troublesome, you only need to ask your parents to make a will, and it is best to take the will to be notarized or a lawyer to witness the will, and make it clear that the inheritance is your personal property.

3. The cost of premarital decoration belongs to personal property, and furniture and household appliances are purchased for living together and belong to common property, which is distributed equally.

4. The cost of the real estate certificate shall be paid by the joint property of the husband and wife.

1. If the parents' estate is not explicitly inherited by one of the husband and wife, it shall belong to the joint property of the husband and wife. Therefore, it is possible to have parents make wills that are clearly inherited by you;

2. The real estate after your marriage belongs to the joint property of the husband and wife, and it is divided equally when you divorce, and the decoration costs and furniture and household appliances should also be recognized as joint property.

If you need to divide your property in a divorce, you can come to us

One. If your parents die, if your parents have only one son, you have the right to inherit the property in your parents' name according to the inheritance law, and the property inherited during the marriage belongs to the joint property of the husband and wife.

2. I don't understand the question of your parents buying a house and saving money, but if your parents sell the house and store it in their own name, it is also your parents' property and has nothing to do with your husband and wife.

3. The marriage house bought in the name of your parents, because it is the property right of a third party, will not be divided into the joint property of the husband and wife in any case, and the law does not stipulate that if there is a contract, it shall be handled in accordance with the contract, and if it is directly transferred to your name instead of the name of your husband and wife, it belongs to your personal property.

4. The cost of renovating a home in respect of your joint property shall be counted as the joint property of the husband and wife. Of course, the cost of applying for a real estate certificate is calculated as a joint act of husband and wife.

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.

Where the husband and wife agree in writing that the 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 his or her work, etc., he or she has the right to request compensation from the other party at the time of divorce, and the other party shall make compensation.

In the event of a divorce, if one party is in difficulty in living, the other party shall provide appropriate assistance from his or her personal property such as housing. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

Negotiate and settle, and the agreement does not reach a lawsuit. Property is divided equally after marriage.

If the agreement is not reached, there is only a court of action.