Married for 3 years and ready for divorce, the division of the house!

In divorce cases, the court will consider pre-trial mediation, and it is best for both of you to make a property division agreement first, if you can't reach an agreement, you can only obey the court's judgment, but you can file a claim, hoping to award the house to you, you pay her half of the appraised price of the house, if you can't pay it off in a lump sum in a short time, you must also reach an installment agreement with her. However, it is better not to leave.

It can be awarded to you first!

If you can't give a quick IOU or agree on a repayment date at one time, you can either take a mortgage.

The new marriage is explained, you can take a look, the real estate before the marriage, there is no need to rip off, there are clear regulations.

The division of the house after three years of marriage and divorce: if the property is the personal property of the husband and wife, it will not be divided according to law at the time of divorce and will still belong to the husband and wife. If the property is the joint property of the husband and wife, the house shall be divided by mutual agreement at the time of divorce, and if the agreement is not reached, the court shall make a judgment according to 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.

1. How to divide the name of the husband in the divorce room.

The divorced house belongs to the husband's father, and the woman generally cannot get the property, because the property does not belong to the joint property of the husband and wife. When the husband and wife are divorced, only the joint property of the husband and wife will be divided, and the joint property of the husband and wife will be handled 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.

2. Introduction to the general principles of the new Civil Code on how to divide divorce property.

Division of property in divorce under the new Civil Code:

1. The personal property of one of the husband and wife shall not be divided at the time of divorce and shall still belong to the individual;

2. The joint property of the husband and wife shall be disposed of by mutual agreement at the time of divorce; 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. If one party is at fault, the property shall be divided less or no in accordance with the law.

3. How to divide the property purchased during the marriage under the law.

Property purchased during the marriage is divided as follows:

1. The real estate belongs to the joint property of the husband and wife in accordance with the law, and the division of the joint property of the husband and wife shall be divided equally in principle;

2. Divorce shall be handled by agreement between the two parties, and if the agreement is not reached, the people's court shall take care of the rights and interests of the children and women according to the specific circumstances of the property.

In the event of a divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties, and if no agreement is reached, the people's court shall make a judgment in accordance with the principle of taking care of the rights and interests of the children, the woman and the innocent party on the basis of the specific circumstances of the property.

Article 1087 of the Civil Code of the People's Republic of China.

In the event of a divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; 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.

Article 1088 of the Civil Code of the People's Republic of China.

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.

In some divorce cases, although the facts of the case are simple, the issues disputed by the parties are still blank in law, there are no specific provisions on the law of filial piety and good law, and even the judgment results of a certain type of divorce case are different in local courts. For example, one party bought a house before marriage, and the other party, who was a lover, also contributed at that time, but there was only one person's name on the real estate deed. The question arises when you get divorced, whether the appreciation part of the house is joint property or personal property, and the law does not clearly stipulate the rules for the division of property in such cases, so it is necessary for you to hire a professional divorce lawyer to help you with the handling of this type of case.

Articles 19 to 21 of Judicial Interpretation II of the Marriage Law.

In the event of a separation of husband and wife due to the breakdown of their relationship, the property acquired by one of the husband or wife during the period of separation is in accordance with the provisions of the law in force and as is generally understood, since the marriage is still in existence at this time, and if there is no agreement between the husband and wife, it is the joint property of the husband and wife. In the division of the joint property of the husband and wife at the time of divorce, the first paragraph of Article 39 of the Marriage Law of the People's Republic of China stipulates that "at the time of 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.

Article 8 of the Supreme People's Court's Several Specific Opinions on the Handling of Property Division Issues in Divorce Cases by People's Courts stipulates that: "In principle, the joint property of husband and wife shall be divided equally. According to the actual needs of production and life and the actual needs of property, the specific treatment can also be different.

This embodies the principle of equality between men and women, which is conducive to production and life. In the author's opinion, the relationship between the husband and wife has broken down during the period of separation, in this case, taking into account the situation of property at this time, the income and expenditure between the husband and wife will not be mixed, and according to the principle of fairness and reasonableness and the principle of reciprocity of rights and obligations, the people's court should distinguish the property income of one party at this time when dealing with it specifically.

The joint property arising during the marriage shall be divided equally between the parties.

If the property is purchased after marriage, it will still be divided as joint property of the husband and wife at the time of divorce.

According to China's law on the allocation of property in divorce. The property owned before the marriage belongs to each other, and all the property owned after the marriage belongs to the two parties, which means that after the divorce. All marital property is divided between the two of them, but the personal debts must be settled by themselves, not as joint debts of the two people, and what you want to know most is how to divide the money among your sister-in-law.

In fact, you can calculate your income in a fairer way, and she did take 70,000 yuan. And your brother took out 120,000 yuan for the house (including the 20,000 yuan that your brother has repaid).This number is the cardinality.

70,000 + 120,000 = 19...The man's income is 12 19 = the woman's income is 7 19=

The interest of the property price obtained by the husband = (700,000-370,000)*

The woman's interest in the property price = (700,000-370,000)*

Marital property, whether debts or existing assets, is divided equally. This is how the prosecution is divided.

Whether your sister-in-law has a job or not has nothing to do with whose property it is. It is the joint property of the husband and wife. It's okay to pay back the money paid by others.

Half of a family.

Unless there is a prenuptial property agreement.

What is the attitude of both parents towards the money they pay for themselves? Borrow? Or give?

1. You didn't explain it all.

If the purchase is made before the marriage of the man, and the man contributes to it and settles in the name of the man, it is undoubtedly the personal property of the man.

If the names of both of you are written, as long as the husband can provide evidence to prove that the house was purchased by one of them, it should also be recognized as the man's personal property.

If the man pays the down payment before the marriage and you both repay the loan together after the marriage, then the mortgage and the increase in value you pay should be paid by the man to the woman as a debt in the divorce.

The husband has evidence to prove that it was purchased before the marriage certificate was issued, so it is pre-marital property.

Unless there is evidence to prove that the woman made a capital contribution at the time of payment for the purchase of the house, such as transfer records, etc.

Since both spouses are jointly responsible for repaying the loan after marriage, the money repaid during the marriage can be compensated by the husband to the woman according to the joint property, but the new interpretation of the marriage law is that the ownership of the premarital property belongs to all the parties before the marriage.