Divorce real estate issues, ask an expert to explain.

I would like to ask if they go to court over real estate issues in the future, will their agreement be supported by the law?

Generally, it is handled according to the agreement. It is advisable to close the ownership immediately.

Do you want to change the head of the household first? Even if you change it, the man won't get any property??

Should be. If there is no provision in the agreement, if the husband sues, he should be properly paid some of his joint property, otherwise his normal life may be affected.

The divorce agreement is valid, and it is recommended to go through the procedures for the transfer of ownership of the property.

Why do you want to change the head of the household, and what is the relationship between the head of the household and the title deed?

What property does the man want, all property belongs to the woman, even if they are together, it is still cohabitation, and it is not a marriage relationship recognized and protected by law.

Specific issues: The divorce agreement already stipulates that the property belongs to the woman. Then the property is the woman's. If they go to court, their agreement is likely to be upheld.

The woman can ask the man to change his name. It's not very good for the man. Unless the man and the woman re-enter into a subdivision agreement for the property.

It is best to consult a lawyer in person for specific questions.

The transfer should be handled according to the agreement, so as not to have many long nights. Although you have an agreement, outsiders don't know that the man is still the owner of the house and has the right to dispose of the house.

This is also the case with my friend, if they have lived together since 1994, the husband will only receive a share of the joint income during the period of living together, and if the house has been repaired during this period, you can be compensated accordingly.

There are two ways to divorce, divorce by court and divorce by agreement at the marriage registration office of the civil affairs department. According to Chapter IV of the "Marriage Law of the People's Republic of China" Divorce Article 31 Where a man and a woman divorce voluntarily, divorce shall be granted. Both parties must apply for divorce at the marriage registration office.

A divorce certificate is issued when the marriage registration authority ascertains that the parties are indeed willing and that the issues of children and property have been properly addressed. Article 32: Where a man and a woman request a divorce, the relevant departments may conduct mediation or directly file a divorce lawsuit with the people's court. 1. The procedures for divorce by agreement of the civil affairs departments are convenient.

The process of drafting a divorce agreement should be very cautious, never hasty, and it is best to ask a lawyer to check it if necessary. According to Chapter 3 of the Marriage Registration Regulations, Article 10 of Divorce Registration If a Mainland resident voluntarily divorces, both the man and the woman shall jointly go to the marriage registration authority at the place where one of the parties has a permanent residence to register the divorce. Article 11 Mainland residents who have gone through divorce registration shall present the following documents and supporting materials:

1) The person's household registration booklet and ID card; (2) The person's marriage certificate; (3) A divorce agreement signed by both parties. The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the opinions reached through consultation on matters such as child support, property and debt disposition. If both parties agree to the divorce and can reach an agreement on child support and property division, it is very convenient to go to the civil affairs department to handle the divorce by mutual agreement after the revision of the Marriage Registration Regulations came into effect on October 1, 2003.

2. Court Litigation Divorce: Convenient and cumbersome. According to Chapter IV of the Marriage Law of the People's Republic of China Divorce Article 32 Where a man or a woman requests a divorce, the relevant departments may mediate or directly file a divorce lawsuit with the people's court.

If one of the spouses insists on not leaving or agrees to the divorce but cannot reach an agreement on the maintenance of the children or the division of property, the only way to divorce is through court proceedings.

The property acquired by one party during the marriage is the joint property of the husband and wife, and the joint property and debts of the husband and wife are jointly owned and borne by the husband and wife, and are generally half of the same person. If one party is at fault, the division of property can be divided with less or no share, and the specific share will be determined by the court.

First order: spouse, children, parents.

Second order: siblings, grandparents, maternal grandparents.

After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not. If there is no first-order heir, the second-order heir shall inherit.

The term "children" in this Act includes legitimate children, illegitimate children, adopted children and dependent stepchildren.

If you have any questions, please contact us in detail.

The property inherited by the parents after their death is considered the joint property of the husband and wife, and even if you leave it to you in a will, it is still joint property. It's like your salary, benefits, whatever. What was acquired before marriage was independent property, and wages were paid after marriage as joint property.

In the case of divorce, if the inherited property is not divided, you can transfer the property to other relatives, that is, change one, but if you don't plan to leave, don't do it, hurt your feelings, and if you transfer, it is estimated that you will have to leave if you don't leave. Hehe...

Tianjin Lawyer Li (Professional Divorce Lawyer):

The inheritance can only be renounced, and the woman has no right to divide. Lawyers should know that what the client needs is not a pile of legal provisions, but a solution to the problem.

Lawyer Li believes that providing free legal advice is a way for lawyers to give back to the society, and lawyers should handle divorce cases with the goal of closing the case and leaving no hidden dangers.

It is the joint property of the husband and wife. Unless it is specified in the Will, only one person will inherit you.

The property is the man's pre-marital personal property and has nothing to do with the woman. There are two types of divorce: divorce by agreement or divorce by litigation.

Divorce solves three issues: whether to divorce, custody of children, and division of property. If both parties reach a consensus on the above issues, they can go to the civil affairs department to agree on a divorce.

If the negotiation is not reached, go directly to the people's court to sue for divorce. Custody of children: According to the "Provisions of the Supreme People's Court on the Custody of Legitimate Children", the mother's custody is generally given to the mother within the age of 2, the child's custody and the economic conditions of both parties are considered between the ages of 2 and 10, and the opinions of the child are considered when the child is over 10 years old.

The custody and maintenance of the child is generally 20%-30% of the other party's monthly income, unless the other party is willing to pay all at once, and the court decides to pay it monthly. The child has always been close to you, and has always been your care, and it is most likely to be awarded to you, so it is recommended to explain the situation to the judge, and rashly changing the child's growth environment is not good for the child, and the judge will take this into account. about the property; The time to obtain a marriage certificate is a watershed in the division of pre-marital property and post-marital property, but it is not inevitable, and it needs to be analyzed from the capital**.

If you are the party who is preparing to sue, you need to provide your ID card and the original marriage certificate, if the other party does not give the marriage certificate, you need to go to the civil affairs bureau where the marriage certificate is obtained to obtain the marriage certificate file. Property needs to be proven, and if you can't provide evidence of the property, you will face defeat.