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After marriage, the part of the mortgage and the part of the house appreciation part will be compensated by the woman. If the other party can't produce evidence before marriage, then they can only accept their fate.
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Does he have any evidence that your cousin took his money?
If there is evidence that your cousin took money from him, the request is reasonable.
Whoever writes the name on the real estate certificate is whose house is the house, and it has nothing to do with who repays the loan.
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If the man has evidence of repaying the loan, the woman is required to pay compensation.
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Reasonable, the man's money was used when the house was repaid, and it belonged to the joint property, so it should be considered to divide it equally when dividing, since the man does not want the house, then it is appropriate to provide monetary compensation, but your sister can try to ask for some mental loss or something, and a good lawyer should be able to get a lot.
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Legal Analysis: Couples can claim compensation in divorce, but they need to meet the legal conditions.
1.In any of the following circumstances, the innocent party has the right to claim damages if the divorce is caused:
a) Bigamy;2) Cohabitation with another person;
3) Committing domestic violence;
4) Ill-treatment or abandonment of family members;
5) There are other major faults.
2.If one of the spouses bears more obligations due to raising children, taking care of the elderly, assisting the other party in 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 give compensation. The specific measures shall be agreed upon by both parties;If the agreement is not reached, the people's court shall make a judgment.
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' 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 been taught;
4) Separated for two years due to emotional discord;
5) Other circumstances that lead to the breakdown of the relationship between 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.
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If the other party is at fault during the divorce, it is generally possible to request compensation from the other party when filing a divorce lawsuit.
At the time of divorce, regardless of whether it is based on statutory reasons, as long as one party voluntarily makes compensation, both parties can agree on and distribute the marital property and compensation amount in the divorce agreement, and then go to the Civil Affairs Bureau to go through the divorce procedures. If one party is at fault for bigamy, cohabitation, abuse, abandonment of family members, domestic violence, etc., during the existence of the marital relationship, the innocent party's claim for compensation will generally be upheld by the court. However, if the at-fault party does not reach the above level of fault, the court will deal with it according to the specific circumstances of the at-fault party, and may not support the non-at-fault party's claim for compensation.
[Legal basis].Article 46 of the Marriage Law of the People's Republic of China provides that in any of the following circumstances, the innocent party has the right to claim damages if the divorce is caused: (1) bigamy; (2) A person who has a spouse cohabits with another person; (3) Committing domestic violence; (4) Abusing or abandoning family members.
Article 15 of the Tort Liability Law of the People's Republic of China provides for the main ways to bear tort liability: (1) stopping the infringement; (2) Removing obstructions; (3) eliminate the danger; (4) Return of property; (5) restitution to the original state; (6) compensate for losses; (7) Apologize; (8) Eliminate the impact and restore reputation. The above methods of bearing tort liability may be applied separately or in combination.
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Depending on the circumstances, if the husband is not at fault at the time of divorce, he cannot claim compensation from him, but if he is at fault, he can claim compensation. Those who have paid more obligations in the marriage may claim compensation, and those who have committed major faults may claim damages.
Article 1088 of the Civil Code: Where one of the spouses bears more obligations due to raising children, taking care of the elderly, assisting the other party in 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 give compensation. The specific measures shall be agreed upon by both parties;If the agreement is not reached, the people's court shall make a judgment.
Whether the wife can claim compensation in the event of divorce.
Divorce damages refer to the civil liability of the party at fault for the breakdown of marriage and family relations, and the loss suffered by the innocent party at the time of divorce. If the divorce is caused by the legal fault of one party, and there is no fault, the other party shall have the right to claim compensation in accordance with law. According to the laws of our country, if one of the following circumstances leads to divorce, the innocent party has the right to claim damages:
a) Bigamy;2) Cohabitation with another person;
3) Committing domestic violence;
4) Ill-treatment or abandonment of family members;
5) There are other major faults.
Can the innocent party in the event of a divorce claim compensation?
The innocent party in the event of a divorce can claim compensation.
Divorce damages refer to a legal system in which a marriage breaks down due to the fault of one of the spouses, and the party at fault compensates the non-at-fault party for losses and pays solatium. According to the relevant laws and regulations, if one of the following circumstances leads to a divorce, the innocent party has the right to claim damages:
a) Bigamy;2) Cohabitation with another person;
3) Committing domestic violence;
4) Ill-treatment or abandonment of family members;
5) There are other major faults.
[Legal basis].
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Legal Analysis: Divorce can claim compensation. At the time of divorce, if the innocent party has bigamy, cohabitation with others, domestic violence, abuse, abandonment of family members, or other major faults in the other party, he or she may request damages from the wrongdoing party from the people's court.
Damages include material damages and moral damages.
Legal basis: Article 1091 of the Civil Code of the People's Republic of China Where any of the following circumstances leads to divorce, the innocent party has the right to claim damages: (1) bigamy; 2) Cohabitation with another person;3) Committing domestic violence;4) Ill-treatment or abandonment of family members;5) There are other major faults.
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Whether compensation is required for divorce depends on whether the conditions for compensation are met. If one of the following circumstances occurs, resulting in the divorce of the husband and wife, then the innocent party may request the at-fault party to make damages: 1. One of the husband and wife is bigamy; 2. One of the spouses cohabits with another person; 3. One spouse commits domestic violence against the other; 4. One of the spouses abuses or abandons a family member; 5. There are other major faults.
[Legal basis].Article 1091 of the Civil Code of the People's Republic of China [Compensation for Divorce Damages] In any of the following circumstances, where a divorce is caused, the innocent party has the right to claim damages:
a) Bigamy;2) Cohabitation with another person;
3) Committing domestic violence;
4) Ill-treatment or abandonment of family members;
5) There are other major faults.
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If the other party is at fault, such as bigamy and cohabitation, domestic violence and abandonment or assault of a family member, and the evidence is conclusive, causing harm to you, then you can apply for compensation.
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Both parties agree that the divorce does not require compensation, and if both parties agree, there is no need for compensation of any economic nature in the case of a peaceful settlement.
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Divorce does not require compensation, and the so-called compensation is the division of property and the maintenance of children, and friendly negotiation is the basic criterion.
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In general, there is no compensation under normal circumstances, except in exceptional circumstances. Look at what the court decides.
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