Regarding the distribution of the matrimonial house, how does the marriage law stipulate the distrib

According to China's property laws and regulations, of course, the registration in this issue occurred before the Code of the Property Law, and the relevant provisions of the Property Law are applicable, and the property owner is the registered owner. The child is born with the capacity to have rights, so he can be the owner of the house. So, I think, the owner of the house is the child.

The division of property in divorce is a matter between husband and wife, and has nothing to do with the property of the children. The child's property should be held by the child's guardian. The child's ownership of the property is not affected by others, which is determined by the absolute exclusivity of property rights.

You don't have to worry.

Since the real estate certificate is registered in the name of the child (it is difficult to identify it as the joint property of the husband and wife), then the property right of the property belongs to the child, and both parties have no right to obtain it, unless the child gives it to one of the parties, but the child is not yet an adult, is a person with incomplete civil capacity, and cannot deal with his own property, and the ** person of his civil behavior is his guardian (one of the parents), so the key to the problem is not the law, but the child.

If the child has reached the age of 11, she or he has the right to choose to follow, otherwise the court will judge the child's guardian in the principle that it is conducive to the child's development.

If in European and American countries, the parents will be awarded to the child, and the parents will take turns to go to the house to take care of the child. And in China, I guess it could still be divided. The chances of a father getting a child are slim. First, our country must maintain stability, and second, we must promote morality. So....

Legal analysis: (1) If one of the husband and wife purchases a house with a mortgage of personal property and takes out a mortgage loan before marriage, but has not obtained the house ownership certificate at the time of divorce, according to Article 21 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, if the divorce has not been obtained or has not yet obtained full ownership, and the parties fail to reach an agreement through negotiation, the people's court shall not make a judgment on the ownership of the house when dividing the property, and shall make a judgment to be used by the parties according to the actual situation.

2) If one of the husband and wife buys a house with a mortgage of personal property and takes out a mortgage loan before marriage, and the property right is registered in his or her own name, and both parties repay the loan jointly after marriage, according to Article 18 of the current Marriage Law, the property before marriage belongs to the personal property of the husband and wife. Since the title deed was obtained before the marriage, the house is personal property before the marriage, and the mortgage loan is a personal debt. Therefore, when the property is divided in divorce, the house is personal property, and the remaining unpaid debts are personal debts, but the part of the spouse's participation in the repayment shall be returned.

3) One of the husband and wife entered into a house sale contract before marriage and paid part of the house price, but the husband and wife did not repay the loan together with both parties after marriage, and the house ownership certificate was also obtained after marriage.

If one party has acquired the property rights and interests in the house after signing the house sale contract before marriage, and the property ownership certificate is also the result of the conclusion of the house sale contract and subsequent payment before the marriage, the property shall belong to the pre-marital property of the party who entered into the house sale contract, but the other party has the right to request the court to divide the property or claim compensation for the part of the purchase price paid with the joint property of the husband and wife.

4) For parents participating in the purchase of a house, according to Article 22 of the Interpretation (II), the parents' capital contribution before the marriage is regarded as a gift to their children, unless otherwise agreed; 2. The parents' capital contribution after the marriage is regarded as a gift to the husband and wife, unless otherwise agreed.

5) If there is a third person's name registered in the house ownership certificate, if there is a name of the child or parent in the property, the court will generally not add a third party, and judicial practice will generally not accept the house part according to the application of the party, and inform the party to file a separate lawsuit.

Legal basis: "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (II)" Article 21 If the parties have a dispute over a house that has not yet obtained ownership or has not yet obtained full ownership at the time of divorce and cannot be reached through negotiation, the people's court should not make a judgment on the ownership of the house, but shall make a judgment to be used by the parties according to the actual situation. Where there is a dispute between the parties after they have obtained full ownership of the houses provided for in the preceding paragraph, they may separately file a lawsuit with the people's court.

Whether the house is personal property before marriage or joint property after marriage mainly has the following situations:

1. The house purchased in full by one party before marriage belongs to the personal property of the party before marriage;

2. The full amount of joint contribution or mortgage after marriage belongs to the joint property after marriage;

3. If the house purchased by one party in full before marriage and the name of the other party is added after marriage, it shall be regarded as joint property;

4. After marriage, if one of the parents contributes the full amount of Lu Shenzhao and registers it in the name of that party, it belongs to his personal property;

5. If one of the parents contributes the full amount after marriage and registers it in the name of both husband and wife, it belongs to the joint property of the husband and wife.

For parents who participate in the financing of the purchase of a house.

1. The parents' capital contribution before the marriage of both parties is regarded as a gift to their children, unless otherwise agreed;

2. The parents' contribution after the marriage is regarded as a gift to the husband and wife, unless otherwise agreed.

Legal basisArticle 1062 of the Civil Code of the People's Republic of China.

Joint property of husband and wife] The following property acquired by the husband and wife during the existence of the marital relationship is the joint property of the husband and wife and is jointly owned by the husband and wife:

1) Wages, bonuses, and remuneration for labor services;

2) Income from production, operation and investment;

3) income 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.

Legal analysis: First, if you buy a house before marriage, the property is personal property; Second, if parents buy a house for their children, it is regarded as a gift from their parents to their children; Third, if one of the spouses disposes of the jointly owned property without authorization and causes losses to the other party, the other party has the right to claim damages at the time of divorce, and the people's court shall support it.

Legal basis: Article 1062 of the Civil Code of the People's Republic of China The following property acquired by husband and wife during the existence of their marital relationship is the joint property of the husband and wife and is jointly owned by the husband and wife: (1) wages, bonuses, and remuneration for labor services; 2) Income from production, operation and investment; 3) income from intellectual property rights; 4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law; (5) Other good potato products that should be jointly owned.

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

Legal analysis: China's current law no longer recognizes de facto marriages, according to China's laws and judicial interpretations: after the promulgation and implementation of the Ministry of Civil Affairs' "Regulations on the Administration of Marriage Registration" on February 1, 1994, if both men and women meet the substantive requirements for marriage, the people's court shall inform them to make up the marriage registration before the case is accepted, and if the marriage registration is not completed, it shall be handled as the dissolution of the cohabitation relationship.

Therefore, for the two parties living together in the name of husband and wife, if the division of property in addition to the cohabitation relationship is dissolved, it will also be directly handled in accordance with the principle of division of property in the cohabitation relationship.

Legal basis: "Several Opinions of the Supreme People's Court on the Trial by the People's Courts of Cases of Living Together in the Name of Husband and Wife without Marriage Registration" Article 10: When a cohabitation relationship is dissolved, the income and property purchased jointly by both parties during the period of cohabitation are generally treated as joint property. That is, if it can be proved to be personal property, it shall be disposed of as personal property, and when it cannot be proved to be personal property, it shall be disposed of as joint property.

The distribution of de facto matrimonial property should be determined on a case-by-case basis. In the case of property during a de facto marriage, it shall be distributed according to the joint property of the husband and wife; If it is property before the de facto marriage, it belongs to one of the spouses and does not need to be divided.

1. Is personal savings the joint property of husband and wife?

Personal savings do not have to be marital property. If the personal deposit is jointly owned by the husband and wife during the existence of the marital relationship, it is joint property and the division is divided according to the standard of joint property; If the personal deposit is the property acquired by the individual before the marriage, it belongs to the personal property of one party and belongs to the individual of one party at the time of divorce and cannot be divided. 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.

2. How to divide the divorce property after a few months of marriage and divorce.

Divorce after a few months of marriage, the distribution of divorce property is as follows:

1.If it is personal property, the other party has no right to distribute it;

2.If it is the joint property of the husband and wife, there is an agreement on the right and trembling tour in accordance with the agreement; If there is no agreement, the division shall be carried out in accordance with the principles of equality between men and women and due care of the child and the woman. However, if one of the spouses is grossly at fault, the innocent spouse may claim compensation from the at-fault spouse after the division of property.

3. How long does it take for the husband and wife to live apart is considered to be automatically divorced, and the property is divided.

Marriage can only be dissolved by way of divorce registration or a court of law or mediation. Separation, no matter how long, does not automatically dissolve the marriage.

Property distribution: 1. The property of the individual before marriage and the property acquired during the marriage belonging to the individual shall be owned by the individual and do not need to be distributed.

2. The joint property of the husband and wife acquired during the marriage shall be divided by the two parties through consultation, and if the negotiation fails, the court shall make a judgment in accordance with law. When the court decides, it is generally divided equally, and at the same time, according to the property situation, the interests of the woman and her son are appropriately taken into account.

Article 1087 of the Civil Code provides that in the event of divorce, the joint property of the husband and wife shall be disposed of by agreement between the 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.

The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

The new Civil Code will come into effect on January 1, 2021, and the Marriage Law and its related interpretations will be valid until December 31, 2020.

First, if the house is purchased before marriage, the property is personal property;

Second, if a parent buys a house for his or her children, it is regarded as a gift from the parents to their children;

Third, if one of the spouses disposes of the jointly owned property without authorization and causes losses to the other party, the other party has the right to claim damages at the time of divorce, and the people's court shall support it.

If one of the husband and wife signs a contract for the sale and purchase of real estate before marriage, pays the down payment with personal property and takes out a loan from the bank, and repays the loan with the joint property of the husband and wife after marriage, and the real estate is registered in the name of the party who paid the down payment, the real estate shall be disposed of by agreement between the two parties at the time of divorce.

Legal basis: Article 1062 of the Civil Code of the People's Republic of China The following property acquired by husband and wife during the existence of the 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, operation and investment;

3) income 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.