Matrimonial property issues for help, matrimonial property issues

One day husband and wife Bairien, I really don't want you to go to the step of divorce.

You may not be able to get a share of your property for the following reasons: There are two forms of law on marital property. One is about customization, and the other is law customization.

If you both agree on the distribution of property and the settlement of debts at the time of marriage, you will have to do the same when you divorce, and the court will take this into account.

Secondly, if there is no agreement, according to the law, the property of both of you is joint property, and only one person will be half in the divorce, as long as you have evidence to prove that the other party transferred the money to his parents' account, you can divide the other party's property appropriately. However, in the specific trial, the court will also consider whether one of the two parties has concealment, deception, disloyalty and other factors.

If there is evidence of a transfer of income, the property may be divided. According to Article 63 of the Civil Procedure Law, "there are the following types of evidence:

1) Documentary evidence; 2) physical evidence;

3) audio-visual materials;

4) witness testimony;

5) the statements of the parties;

6) Appraisal conclusions;

7) Inquest records.

The above evidence must be verified as true before it can be used as the basis for determining the facts. ”

Your husband is so "smart"! He doesn't have any property in his name, you have no security, if you really get divorced, you better transfer your property as soon as possible!

Hehe, why is he like this, is it that you usually manage the money too tightly, so that he is guarded. It shows that he is mentally prepared for divorce. So, you have to be sober.

1. Before marriage, the individual buys the house in full and gets the real estate certificate.

2. Accept the gift or inheritance of real estate before marriage, and transfer the property rights to their own name.

3. Notarized or evidenced pre-marital assets to purchase a house.

4. If you have a joint property to repay the house purchased with a loan before marriage, you can make corresponding financial compensation to the woman when you divorce, and the house belongs to you.

5. In principle, the house purchased after marriage is divided equally between the two people, and if you want, you can also get the house by giving the other party financial compensation, but in this case, it is more likely to be given to the woman.

6. The house and property donated or inherited by the husband are only given to the man and not the family, as long as it is not clearly stated, they are all joint property of the husband and wife, and once divorced, the woman has 1 2 ownership of it.

The law is very clear about this.

If the husband buys it before marriage, it belongs to his personal property and cannot be divided in the event of divorce;

If the husband buys the property before marriage and has a mortgage loan, the post-marital contributions are the joint property of the husband and wife, and the woman may request the division of the post-marital contributions.

1. Be fair to personal property before marriage. 2. Withdraw money to buy real estate before marriage. 3. Although there is a loan, but the agreement is the personal property of one party, and one party repays the loan independently, it is recommended that this agreement be fair.

4. Accept the gift after marriage, but the gift agreement indicates that it is only given to one party. The above can be considered personal property.

1. Buy before marriage.

2. Or after marriage, it is purchased with pre-marriage savings.

Article 22 of the Interpretation (II) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China stipulates that: After the parties get married, if the parents contribute to the purchase of a house for both parties, the contribution shall be deemed to be a gift to both husband and wife, unless the parents expressly express the gift to one of the parties.

So, if your grandfather made it clear that it would only be given to your father, your mother would not have a share. Unless otherwise specified, half of the house is owned by your mother.

If it is specifically pointed out to your father, your mother will have no share.

Unless otherwise specified, your mother is half.

There's your mother's new share. This is a gift after marriage, and it belongs to the joint income of the married couple, so it is said that it has your mother's share.

If it is not specifically indicated that it is given to your father, then the mother has no share, otherwise it is the joint property of the husband and wife.

If there is no special indication, it should be the joint property of the husband and wife.

The income after marriage is the joint property of the husband and wife, so the part of the loan repayment after the marriage is the joint property of the husband and wife. If the title deed is obtained after marriage, then it is the joint property of the husband and wife.

The bride price of 200,000 yuan is more secure by bank transfer and other evidence. If it's your card, but the money can't be proved to be withdrawn by the other party.

The bride price can be made by bank transfer. Even if there is a pre-marital house, if there is a mortgage, the money paid before the marriage is her pre-marital property. After marriage, you repay the mortgage together, which is the joint property of the husband and wife, and if the two divorce in the future, the court will also divide it according to the pre-marital and post-marital divisions.

There will be gains and losses, and you must be willing to give up for love.

The repayment of the mortgage after the marriage registration is the joint property of the husband and wife, which is protected by law, and it is recommended to help you deal with it.

1. It is difficult to adduce evidence, it is usually counted as the joint property of the husband and wife, if there is evidence, the down payment part belongs to the man's personal property before marriage, and the loan repayment part belongs to the joint property of the husband and wife. 2. It is recommended to make a prenuptial personal property agreement and be fair. 3. It belongs to the man's personal property, which will not be divided in the event of divorce, and does not need to be signed by his wife, and notarization is the safest.

First, the house is a joint property of the marriage, and the down payment is a marital debt.

Second, it is difficult to answer your question, like doing a bar exam question, theoretically speaking, if the man pays the down payment and repays the loan alone, he must first prove that he repaid the loan with his personal property, in which case the house can belong to the individual, and in legal practice, this burden of proof is difficult.

Third, if the house is not transferred, it does not constitute a gift. In the case of immovable property, I believe that if the property is transferred directly to the man, the donor is clearly stated, and there is no need to ask the woman for signature alone. In addition, the real estate bureau will also require a notarization of the gift at the time of transfer, and the signature at this time is also a key evidence.

The house is your husband's personal property. Because it belongs to your pre-marital property. First of all, this house was purchased before you got married, and even if the real estate certificate is issued next year, it cannot be recognized as property during the marriage. Secondly, the house is paid for by your husband's parents.

Legal basis: 1. Article 19 of the Interpretation (1) of the Interpretation of Several Issues Concerning the Application of the Marriage Law of the People's Republic of China: "Article 18 of the Marriage Law stipulates that premarital property shall be the property owned by one of the husband and wife, and shall not be converted into the joint property of the husband and wife due to the continuation of the marital relationship.

Unless otherwise agreed by the parties. ”

According to this article, you belong to one of the types of pre-marital property: property rights that one party has acquired before marriage, such as one party who has acquired the title to the pre-sold house before the marriage and paid the price of the house in full, and only after the marriage actually acquires the ownership of the house.

2. Article 22 of the Interpretation (II) on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China: Where the parents of the parties contribute to the purchase of a house for both parties before they get married, the contribution shall be deemed to be a personal gift to their children, unless the parents expressly express that the gift is made to both parties.

property that belongs to him personally. Because the money to buy the house was paid by his parents.

In principle, the marital gift of your husband's parents is a gift to both the child and the spouse, unless the parents and the child have signed a gift agreement that expressly indicates that it is a gift to the child. In addition, it depends on the status of the title deed, whether it is owned separately or jointly owned by the couple.

Interpretation of the High People's Court on Several Issues Concerning the Application of the "Marriage Law of the People's Republic of China" (2) Article 10: Where a party requests the return of a bride price paid in accordance with custom, the people's court shall support it if it is ascertained to fall under the following circumstances:

1) The parties have not gone through the marriage registration formalities;

2) The parties have gone through marriage registration formalities but do not live together;

3) Payments made before marriage that cause hardship to the payor.

The application of the provisions of items (2) and (3) of the preceding paragraph shall be conditional on the divorce of both parties.

The child is one and a half months, the man has no right to sue for divorce, and the woman can claim divorce, but the woman needs to pay child support.

Marriage Law of the People's Republic of China.

Article 34: The man shall not file for divorce during the woman's pregnancy, within one year after giving birth, or within six months after the termination of pregnancy. This restriction does not apply if the woman files for divorce, or where the people's court deems it truly necessary to accept the husband's request for divorce. Article 36.

The relationship between parents and children is not extinguished by the divorce of the parents. After divorce, the child remains the child of both parents, regardless of whether they are raised directly by the parent or the parent.

After divorce, parents still have the right and obligation to raise and educate their children.

After divorce, the child who is breastfeeding shall be raised with the nursing mother. If the two parties cannot reach an agreement due to a dispute over the custody of a child after breastfeeding, the people's court shall make a judgment based on the rights and interests of the child and the specific circumstances of both parties.

Article 37.

After the divorce, the other party shall bear part or all of the necessary living expenses and education expenses for the children raised by one party, and the amount of the expenses and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

An agreement or judgement concerning the maintenance and education of the child shall not prevent the child from making a reasonable demand to either parent, if necessary, in excess of the amount originally agreed upon in the agreement or judgment.

Article 38.

After the divorce, the parent who does not directly raise the child has the right to visit the child, and the other parent has the obligation to assist.

The method and time for exercising visitation rights are to be agreed upon by the parties; If the agreement is not reached, the people's court shall make a judgment.

Where a parent's visit to a child is detrimental to the child's physical and psychological health, the people's court is to suspend the right to visit in accordance with law; When the reason for the suspension disappears, the right to visit shall be restored.

1. If the divorce agreement is signed, it has legal effect, and one party has no right to violate it.

2. About the bride price. Article 10 of the Supreme People's Court's Interpretation II on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China, which came into effect on April 1, 2004, stipulates that: "Where a party requests the return of a bride price paid in accordance with custom, the people's court shall support it if it is ascertained that the following circumstances apply:

1) The parties have not gone through the marriage registration formalities; 2) The parties have gone through marriage registration formalities but do not live together; 3) Payments made before marriage that cause hardship to the payor. The application of the provisions of items (2) and (3) of the preceding paragraph shall be conditional on the divorce of both parties. ”

3. Regarding child support, you can recover from the other party at any time and are not restricted by the agreement.

The first is a question of inheritance. The property with your ex-husband was inherited by your sister-in-law and his children. If you get married later, there will be no change in the property rights, and if you have marital property in the future, you will divide it equally with the husband.

Her property is not related to her husband's children, unless she is transferred within the marriage or a joint account is added.

Your aunt's previous house property. It's all owned by your aunt and your aunt's children. It can be understood so according to the new marriage law. You can find someone to prove it.

No, pre-marital property is owned by the individual and is divided equally after marriage.

Such a situation is considered to be the joint property of the marriage, and if the divorce is granted, it can be handled according to the proportion of the distribution of your account.

It's fair first, whoever buys it now is whomever it is. The Marriage Law has very clear provisions.

Look at whose name is the collective account.