Urgent!! What to do when you get a divorce before marital property!!

In principle, after divorce, the joint property of the husband and wife shall be divided equally between the two parties, and the property of the husband and wife before marriage shall be owned by each other. If there is an agreement between the two parties on the division of property, the property shall be divided in accordance with the agreement between the two parties. Article 19 of the Marriage Law provides:

Husband and wife may agree that property acquired during the marriage and property acquired before marriage shall be separately or jointly owned or partly separately and partly jointly owned. The agreement shall be in written form, and where there is no agreement or the agreement is not clear, the provisions of articles 17 and 18 of this Law apply.

1. A loan that can claim a down payment before marriage. Of course, you have to provide evidence: there is a contract when you buy a house, and there must be your signature on it, or an invoice for payment. If you transfer money through a bank, there should be a deposit of relevant bills.

2. The payment for the house after marriage can only be borne by both parties, because this part belongs to the joint property of the husband and wife, and the same debt must be borne jointly. His income must also be divided, so no matter which party pays the loan, it will be shared in the end.

3. You shall bear it yourself before marriage, and both parties shall bear it after marriage.

1 Yes. But you need to prove it.

This can be resolved through negotiation, and if the negotiation fails, the court can make a judgment. The house purchased before the marriage is pre-marital property and should belong to the individual, but the owner of the property is subject to registration.

The property of one party before marriage shall not be divided in the event of divorce.

Article 18 of the Marriage Law In any of the following circumstances, it shall be 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.

The personal income before marriage is not divided in divorce proceedings, and the joint property of husband and wife is the income obtained during the period of living together of the husband and wife, which is distributed equally in principle, and due care is given to the weaker party. The party at fault gets less.

1 Yes 2 No.

3 Property that belonged to you before marriage The loan after marriage is divided equally.

You can't get back what you paid for the house because you already have co-ownership of the house and you can only divide the property in the event of a divorce.

If you are divorced by agreement, you can negotiate with each other, and if the negotiation fails, the court can rule that the joint property of the husband and wife is generally divided in half.

Because the house purchased by the husband and wife after marriage is jointly responsible for repaying the loan, if the husband and wife divorce, the house will generally be recognized as the joint property of the husband and wife, and it should be divided at the time of divorce.

The issue of child support, because the woman has always been responsible for taking care of the child, and it is a girl, so from the perspective of benefiting the minor, it is more likely that the woman will be awarded custody.

It is recommended to negotiate a settlement.

The down payment part should be regarded as the sister's personal property contribution and belong to her, and the subsequent repayment of the loan is owned by the man, and the man should share the value of the share of the house corresponding to the loan repayment. The man's claim was based on some basis, but the amount needed to be recalculated.

When a husband and wife divorce, it is necessary to divide the joint property of the husband and wife and distribute the custody of the children. The house purchased after marriage belongs to the joint property of the husband and wife, and the money taken from you should be a loan, and the money from the sale of your own land should belong to the personal property of your sister, and you need to sort out the relevant evidence. The custody of the child needs to be determined according to the parties and the comprehensive situation of the child.

The down payment goes to your sister. The repayment part of the loan is the joint property of the husband and wife and can be divided equally. If the other party is at fault, there is evidence to sue and the joint property of the husband and wife will be divided less or no share.

In principle, it is the property of the individual, which belongs to the common property of the individual, and is divided in half.

If the funder is the party who signed the property right certificate, then the property right belongs to it, and the demolition fee should also belong to it; If the house is jointly funded by both parties and only signed in the name of one party, then in fact the property rights belong to both parties and are joint property, and the division of property is not affected by the signature, and the property share of both parties should be determined according to the amount of their respective contributions, and the demolition and relocation fees should be divided on this basis. As for when you will receive the marriage certificate, it will not affect the division of joint property, mainly depending on whether it is joint property.

According to the provisions of China's Advance Marriage Law and the three judicial interpretations, the property of one party before marriage is owned by an individual and does not belong to the joint property of husband and wife. If the house is demolished, the proceeds are all about the appreciation of your personal property and have nothing to do with the man. If you have any questions, please feel free to ask them and be happy to answer them.

The house is your personal property before the marriage, and if the demolition fee you receive at the time of demolition next year exceeds the value of the house you originally purchased, the excess value will be joint property, provided that you have not been divorced at the time of the demolition. If you get divorced this year, you can't divide your house.

According to the current law, the house belongs to you, unless he can prove how much money he paid for the house, then you need to compensate him, otherwise the demolition fee incurred by the house demolition belongs to you.

Marriage is based on the marriage certificate, not on the basis of the so-called "banquet" in the countryside.

So from a legal point of view, the house is your personal property, and it has nothing to do with your husband, and all the demolition money belongs to you!

Check the marriage law, property law, and who bought the house, and if the mortgage is made, it depends on who made the down payment.

As a special property right, the homestead use right is closely related to the membership of individual farmers in the collective organization, and with the relocation of the individual's hukou, his homestead use right qualification will also be extinguished""

My husband and brother are not in my village, and they are both non-farming households.

I am a farmer in my village, is it helpful to the case?

Property is negotiable, but where it cannot be negotiated, the joint property is generally divided equally after marriage. Personal debts before marriage are borne by individuals, and debts are borne jointly after marriage.

As a professional lawyer in marriage and family, I have rich practical experience in handling divorce cases, and I can contact me to help you protect your rights.

I think that even if it is transferred to your name, it should be regarded as the joint property of your parents, because it has time to test. Although it was ostensibly transferred to you, it will still be recognized as the joint property of your parents in terms of property determination after the lawsuit.

Whoever is the child, whoever is whoever, and you cannot deprive him of his rights despite his fault.

If it is transferred to you after the divorce, then no one else's share.

In general, the property that is transferred to your name is yours. But this situation can be turned around now, but the house cannot be turned around without your father's consent.

After the property is transferred to your name, it is not considered the joint property of the husband and wife.

Hello. If the parents divorce and divide the property, it has nothing to do with the children. They can divide the property in their own name, but not yours. In the same way, you can't divide their property. But it is reasonable if they agree to give you the property.

The property of the parents is divided in half after the divorce.

1. If the license of the hairdresser belongs to both of you, the property can be divided equally. The investment of 500,000 yuan from the woman's mother is treated as a creditor's right, and you and the woman bear half of it.

2. You have evidence to prove (I have a house, my mother-in-law asked me to sell it, and it was 500,000 yuan at that time, which was kept by my mother-in-law), and the house money belongs to your personal property before marriage. Claim restitution.

Legal basis: Marriage Law of the People's Republic of China.

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 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.

If you and your wife (or mother-in-law) have no partnership agreement to open a hairdresser, the hairdresser is the wife's pre-marital property. If there is an agreement between the two parties, the woman contributes the funds and you contribute the technology, it will be regarded as partnership property, which can be divided in the divorce and can continue to operate in the partnership.

Your pre-marital property is your personal property and should be your personal own. However, since the house has been sold and the money is kept by your mother-in-law, it is more difficult to determine the nature of the money, and outsiders (including the judge, of course) may consider it a gift.

The business profit after the marriage is the income of the husband and wife during the marriage, which is the joint property and should be divided in half. The pre-marital operating profit is the income of the owner of the beauty shop and is not the joint property of the husband and wife.

In addition, if the owner of the beauty salon is your wife or your mother-in-law, if it is your mother-in-law, the operating profits of the beauty shop belong to your mother-in-law.

The above opinions are for reference.

Divorce can only divide the joint property of the husband and wife, not the pre-marital property. The man bought the house in full before marriage, and when the divorce occurred, the property belonged to the man;The husband takes out a loan to buy a house before marriage, and the part of the joint loan repayment is divided according to the joint property of the husband and wife.

The investment of 500,000 should go to your mother-in-law;But the house you sold for 500,000 should be yours;The income from business is jointly owned by both husband and wife, and in principle, 50% is owned by each spouse.

The divorce court's decision is that the two persons divide the joint property equally.