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Hello! If the two parties divorce by agreement, and the man gives all the houses to the woman, and the man has signed the agreement, and the man has difficulties and wants to get the house back, legally speaking, he will not come back, because the man has already signed in writing, and the signature is effective, this is evidence. If the woman takes pity on the man and agrees to give a part of the family property to the south, then the man can ask for a part of it back, and he can only get back as much as the woman gives.
If the woman does not agree to give it to the man, then the man will not come back at all.
If the divorce is decided by the court, the same is true, if the woman wants to give it to him, he can get it back, and if the woman doesn't want to give it to him, he will not come back at all.
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If you don't come back, since you agreed to give everything to the woman, and now you are begging the woman to give you a little, it is unrealistic, because each of you may have a family now, you have a new lover, and it is impossible to go back to the past, so you are very passive now, and if you said that you could not say it at the time, now you can't do anything.
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This question mainly depends on the man and woman at the time of divorce! How to write a divorce agreement!
If it is very clearly stated in the activation agreement that the man takes the initiative to give the property to the woman, then he can't get it back!
After all, the agreement has been signed, and the marriage registration organ of the Civil Affairs Bureau has been filed and preserved!
If this can be changed at will and come back, what is the authority of the laws and regulations?
However, the man can negotiate with the woman about the way to deal with it later!
If the man can convince the woman and provide the necessary help, then it is still possible!
It is understandable if the woman does not provide any help, after all, they have already agreed to divorce each other!
Maybe it's just that it doesn't have any relationship anymore!
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I don't think I can come back. Because there is an agreement for divorce, since it has been given to the woman, it belongs to the woman, and it has nothing to do with you. If you ask for it, the woman can not give it to you according to the agreement.
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This situation. Divorced. The divorce agreement has been signed. Don't come back. You can tell a lawyer about your situation. See what they have to say.
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After the divorce, the man gave everything to the woman, and then the man got sick and wanted to get back some property, if the woman notarized her property, it was not easy for the man to get it back, and he could only solve the problem through mediation and negotiation.
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It has been given to others, and it has also been notarized, and it will definitely not come back, and people can compensate you if they want to, and it is reasonable to say that they don't want to give it to you.
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Everything has been given, and the law has been judged. Unless the woman wants to, she will not come back.
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If you have already signed the divorce agreement, you cannot get it back, because the signed agreement has legal benefits.
If you haven't signed it, it's just a verbal agreement, you can get it back and divide the property in the normal proportion.
Anyway, you can change it without signing. Once signed, there is no way to change it.
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Manly husband, if you give it, you definitely can't come back, didn't the woman also give you all her youth! aqui te amo。
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No, the gentleman is quick to speak.
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Hello, according to the provisions of the latest Civil Code, it is not necessary to return it.
First of all, all the property of both parties after marriage is joint property, including the income of both spouses, including but not limited to salary investment, inheritance, lottery winnings and so on.
Even if one of the parents of one of the spouses pays for the purchase of a house after marriage, and the name of the house is written in the names of both husband and wife, then if there is no other agreement, the general judgment is also tendency, so the joint property of the husband and wife.
Therefore, after marriage, the man gives the woman money, and the woman does not have to return all the money to the man, but if the money is not spent, the remaining part must be divided equally.
If the man gave the woman all the money, then the man can also raise any doubts, and can also look for relevant evidence to prove that the woman's expenses are not used for family expenses, such as he gave all the money to his brother to buy a house, in this case, you can ask the younger brother, this part of the money back, and the husband and wife will divide it equally.
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This depends on how long you have been married, if you are clamoring for divorce just after getting married, the man will call the police directly, this is a marriage fraud, the law has zero tolerance for this kind of marriage fraud, all bride price must be returned, and it may be prosecuted for fraud This kind of person.
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The man gave you money to use it for the living expenses of the two of you, and if you don't want to live with him now, you must pay it back to the man.
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There is no need to return the money that the man gives to the woman after marriage does not need to be returned when they divorce, after all, he voluntarily spends it on the other party, and the money also belongs to their joint property during the marriage, so it does not need to be returned.
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For the property of the two people after marriage, this also requires the consent of both parties to reach, and the divorce is filed with the woman, and the man wants to get back the money he gave to the woman, which also means that it can only be resolved through the law, so the law should be passed.
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If the amount is large, it is possible to ask her to return it, and the property during this marriage is the joint property of the husband and wife, and it can be divided in the event of divorce.
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The money after marriage belongs to the joint property of the husband and wife, and it is unlikely that it will be returned in full.
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The money that the man gives to the woman after marriage does not need to be returned when they divorce, after all, he voluntarily spends it on the other party, and the money also belongs to their joint property during the marriage, so it does not need to be returned.
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It is joint property during the marriage and does not need to be returned after divorce.
Legal analysis"Joint property of husband and wife" refers to the property jointly owned by the husband and wife during the existence of the relationship between husband and wife. The so-called period of the relationship between husband and wife refers to the period between the marriage of the husband and wife and the death or divorce of one of the spouses, and the property acquired by the husband and wife during this period, unless otherwise agreed, belongs to the joint property of the husband and wife. Husbands and wives have equal rights to dispose of jointly owned property.
The consent of the spouse is required for the disposition of property by one of the spouses during the existence of the spouse. Husbands and wives have equal rights and duties over joint property and equal ownership of joint property. The joint property of the husband and wife is considered to be jointly owned.
Husband and wife enjoy rights and obligations in part of all joint property, and equally enjoy the rights to possess, use, benefit and dispose of. Property characteristics: First, the joint property of the husband and wife is extensive.
It is agreed that the joint property of the husband and wife may be personal property before the marriage or property acquired after the marriage. There are also no restrictions on the type of property. Second, there is no clear time definition for agreeing on the joint property of the husband and wife, that is, the time for the husband and wife to agree on the joint property can be before or after the marriage, or the property that has been agreed upon can be re-agreed according to the opinions of the husband and wife, and there is no strict time regulation; Third, the diversity of forms of agreement.
That is, it is agreed to be separately owned, jointly owned, partially separately owned, partially jointly owned, etc.; Fourth, the priority of the contract. Here, the national law also adopts the principle of contractual priority for the agreement on marital property. That is, there is a contract according to the contract, and there is no contract according to the law.
Whether it is the joint property of the husband and wife or the personal property of the husband or wife depends first and foremost on the intention of the spouses; Fifth, the agreed property is protected by law.
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 the marital relationship is the joint property of the husband and wife and shall be 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.
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After getting married, it is the joint property of husband and wife, and besides, the money he gives is not all subsidized for the family, doesn't he eat or change his clothes, aren't these women all doing it, and he has to pay a salary to hire a nanny.
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After marriage, the man gives the woman's a, and the money that the man gives to the woman after marriage belongs to the shower, and this situation is generally not supported when you ask.
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No, it's your husband and wife's joint property, and you have the right to dispose of it jointly. As long as you don't deliberately hide each other's money, it belongs to your common money.
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There is no need to pay it back, the income of both parties during the marriage period belongs to the joint property, you use your own money, who do you pay it back?
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I think if the money that the man gives to the woman after marriage, do I need to return it when I get divorced? I think that if it depends on the situation and whose fault it is, it is still the length of time that has passed, and this is according to the country's regulations.
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Of course you don't need to, these won't be so clear during the marriage! The legal husband and wife are voluntary, and there is no such thing as returning.
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It depends on how much money is spent, where it is spent, and you don't have to pay it back if it is spent on you.
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I believe that the property is jointly owned during the marriage, so there is no need to return it.
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Legal Analysis: Yes. But you have to meet the conditions to get it back.
What the husband can only ask for is the bride price, that is, the man enters into a marriage contract by paying the woman in cash or in kind, with the aim of finally achieving the marriage with the woman, this part is a bride price, and the property that the other husband pays to the woman's family in the form of red envelopes is a gift, and the man's request for return of this part should not be recognized. Secondly, it should be premised on the fact that the parties have not registered their marriage.
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 taught and not changing;
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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Yes, if the divorce is not part of the joint property of the husband and wife, it can be returned.
Community property, i.e. property owned by the husband and wife during their common life, as recognized by law. Property for which both parties have the right to use, which may be material, financial, or abstract property; In the distribution of property, the distribution is assessed using the consent measure in accordance with national regulations.
Questions. No. The law only upholds a judgment in which there is an IOU. gifts, the law does not support the claim back.
If the law can't help you, it depends on whether the other party is willing to give it to you, and if the other party doesn't give it to you, there is no way. Questions. Oh.
Then I'll talk to each other tomorrow.
Consensus is best.
Questions. Still no, can I appeal?
You can consult a local lawyer.
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Hello, the money that the man gives to the woman after marriage generally does not need to be returned at the time of divorce, unless the husband and wife expressly agree that it needs to be returned.
According to the provisions of the Civil Code, during the existence of the marital relationship, the income of one or both spouses belongs to the joint property of the husband and wife, and both husband and wife have equal rights to dispose of the joint property. Therefore, the money that the husband gives to the woman after marriage is also a case of disposing of the joint property of the husband and wife, and the woman has the right to use the joint property of the husband and wife, and there is no need to return it in the event of divorce. However, if it is expressly agreed at the time of borrowing that the money is lent to the woman, it can be requested to be returned at the time of divorce, but the property after the return is still the joint property of the husband and wife and needs to be divided.
However, if the husband and wife have entered into a marital property agreement or a marriage agreement stipulating that the income of the spouses shall be owned by each other after the marriage, the money used by the husband to the woman shall be the personal property of the husband and shall be a loan, and the woman shall have the right to demand the return of the money in the event of divorce.
[Relevant Laws].Article 1062 of the Civil Code: The following property acquired by the husband and wife during the marriage relationship shall be the joint property of the husband and wife and shall be 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 82 of the Interpretation (1) of the Marriage and Family Section of the Civil Code: Where a husband and wife enter into a loan agreement and lend the joint property of the husband and wife to one party to engage in personal business activities or use it for other personal affairs, it shall be regarded as an act of agreement between the two parties to dispose of the joint property of the husband and wife, and it may be handled in accordance with the provisions of the loan agreement in the event of divorce.
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