Whether the house is joint property and custody of the children

In such a situation, divorce, the house is half for one person! Whether the child is with the man or with the woman depends on who the child lives with, which is more conducive to the healthy growth of the child.

1. If the house is not clear, you have to make it clear whose name it is registered. 2. It is more likely that the custody will belong to the woman.

The house is personal property, but the down payment is a joint debt.

According to Article 17 of the Marriage Law, the following property acquired by the husband and wife during the marriage relationship shall be jointly owned by the husband and wife:

1) Wages and bonuses.

2) Income from production and operation.

3) Proceeds 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 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.

The house belongs to the joint property of the husband and wife, and the custody is judged according to the specific situation.

Priority is given to women and children, and the house is the joint property of your husband and wife.

Zongheng Legal Network-Shandong Tonghe Law Firm-Xu Fengwei lawyer.

Legal Analysis: The property donated by the parents after marriage is the joint property of the husband and wife unless otherwise specified. If it is expressly stated that the property is a gift to one of the husband or wife, then the donated property belongs to the donee of the husband and wife and is the personal property of the donee, and the other spouse has no right to claim the division of this part of the property.

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 their marital 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, economic and investment operations;

3) Proceeds from intellectual property rights.

4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law;

5) Other property that shall be jointly owned.

Husband and wife have equal rights to dispose of joint property.

Article 1063 The following property shall be the personal property of one of the husband and wife:

1) The pre-marital property of the hidden party of the brother;

2) Compensation or compensation received by one party for personal injury;

3) Property that is determined in a will or gift contract to belong to only one party;

4) Daily necessities for the exclusive use of one side;

5) Other property that shall belong to one side.

Article 1065:A man and a woman may agree that the property acquired during the marriage and the property before the marriage shall be owned separately or jointly, or partly separately and partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is not clear, the provisions of articles 1062 and 1063 of this Law apply.

The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is legally binding on both parties.

If the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the counterpart, the personal property of the husband or wife shall be repaid.

Legal analysis: child custody rights can be shared, and the relationship between parents and children is not extinguished by the divorce of parents. After divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or mother.

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

Legal basis: Article 1084 of the Civil Code of the People's Republic of China The relationship between parents and children shall not be extinguished by the divorce of parents. After divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or mother.

After divorce, parents still have the rights and obligations to raise, educate and protect their children. After the divorce, the children under the age of two are directly raised by their mothers. For children who have reached the age of two, and the parents fail to reach an agreement on the issue of child support, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child.

Where children have reached the age of 8, their true wishes shall be respected.

Legal analysis: According to the regulations, it is permissible for both parents to agree to take turns raising the child on the premise that it is conducive to protecting the interests of the child.

Legal basis: "Specific Opinions of the Supreme People's Court on the People's Court's Handling of the Issue of Child Custody in the Trial of Divorce Cases" Article 6: On the premise that it is conducive to protecting the interests of the children, where both parents agree to take turns raising the children, it may be permitted.

After the divorce, the parties can negotiate to take turns to raise them without affecting the children's lives. According to Article 1084 of the Civil Code, the relationship between parents and children shall not be extinguished by the divorce of the parents. After divorce, the children are still the children of both parents, regardless of whether they are directly raised by the father or mother.

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

Legal basis. Article 1084 of the Civil Code.

The property in the child's name is not the joint property of the husband and wife, and some houses are purchased in the name of the daughter at the expense of the parents. From a legal point of view, the purchase price should be regarded as a gift from the parents to their daughter. After the house involved in the case was registered in the daughter's name, according to the legal principle of real estate ownership registration, the property should be recognized as the daughter's personal property and not fall within the scope of the joint property of the husband and wife.

Article 1062 of the Civil Code of the People's Republic of China The following property acquired by a husband and wife during the existence of a marital relationship shall be the joint property of the husband and wife and shall be jointly dismantled by the husband and wife: (1) wages, bonuses, travel shelters, and remuneration for labor services; (2) Income from production, operation and investment; 3) Proceeds from intellectual property rights. 4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law; 5) Other property that shall be jointly owned. Husband and wife have equal rights to dispose of joint property.

The immovable property in the name of the child is not the joint property of the husband and wife, because when the parents register the owner of the real estate office as the child, it should be regarded as a gift from the parents to the child. Other persons must not claim that the conduct described above is invalid on the grounds that the actor lacks or has limited capacity for civil conduct. Accepting gifts from others, whether movable or immovable, even if it is a pure legal benefit, an incapacitated person cannot be used as a civil activity alone, but should be a legal person.

Parents are both the donor and the donee, which involves the validity of the legal **person "himself**person".

Civil Code of the People's Republic of China

Article 1087: [Disposition of the Joint Property of the Husband and Wife in the Context of Divorce]At the time of 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.

1. The real estate donated by the parents does not necessarily belong to the joint property of the husband and wife. According to the provisions, if the parents contribute to the purchase of a house for both parties before they get married, the contribution shall be recognized as a gift to their children, but if the parents expressly indicate that the gift is made to both parties, it shall be the joint property of the husband and wife. After the parties get married, if the parents contribute to the purchase of a house for both parties, it shall be handled in accordance with the agreement; Where there is no agreement or the agreement is not clear, it is to be handled as joint property.

2. Legal basis: Interpretation (1) of the Supreme People's Court on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China

Article 29: Where before the parties get married, the parents contribute to the purchase of houses by both parties, the contribution shall be found to be a gift to their children, except where the parents expressly express that the gift is made to both parties.

After the parties get married, if the parents contribute to the purchase of a house for both parties, it shall be handled in accordance with the agreement; Where there is no agreement or the agreement is not clear, it is to be handled in accordance with the principles provided for in item 4 of paragraph 1 of article 1062 of the Civil Code.

The legal characteristics of the jujube model of the joint property of the husband and wife

1. The basis for co-ownership is the common relationship.

Co-ownership arises from a common relationship. Without the existence of such a common relationship, there can be no common relationship. However, according to Article 103 of the relevant law, joint ownership can also be agreed, but the "agreement" in this article mainly refers to the provisions of Article 19 of the relevant law.

2. There is no division of the property rights in common ownership.

There are no shares of property rights in common property, and as long as the joint relationship exists, the co-owners share the rights without shares. The rights exercised by the co-owners extend to the entire common property and not to just one part of the common property.

3. The rights and obligations of the co-owners are equal in respect of the common property.

As long as the joint relationship exists, the co-owners have equal rights to possess, use, benefit from and dispose of all the common property, and their obligations are also equal.

Please click to enter a description (up to 18 words).