What can a stay at home wife get divorced?

Full-time wives are relaxed and happy on the surface, but only they can understand the hard work behind them, and when a full-time wife divorces, because there is no income for a long time, it will be difficult for them to return to society again, return to the workplace, and regain their lives, and the law recognizes the housework and social value of full-time wives.

Article 40 of the Marriage Law stipulates: "If the husband and wife agree in writing that the property acquired during the existence of the marital relationship shall belong to each other, and one party has paid more obligations for raising children, taking care of the elderly, assisting the other party in work, etc., he or she shall have the right to request compensation from the other party at the time of divorce, and the other party shall make compensation." ”

After the implementation of the Civil Code on January 1, 2021, it is not necessary for the husband and wife to agree in writing that the property acquired during the existence of the marital relationship belongs to each other, in order to claim economic compensation. The team of marriage lawyers is always concerned about the protection of the rights and interests of full-time wives, and the chief lawyer Wei Honglu personally led the team, and the founding team has handled hundreds of successful marriage and family cases for many years, professional and good attitude, and can be contacted at any time if necessary.

Glad to have your question.

You can have your own children, a full-time wife, the purpose is to take care of your children, protect your children, although it is hard to do housework, but when you see your children, how you feel will naturally know, if it is for money, then you will not be a full-time wife, and the second is to consider something else.

Great for a stay-at-home wife,

The joint property of the husband and wife, including savings, houses, cars, furniture and electrical appliances at home, can be divided and cannot be divided because they are full-time wives, but for example, the house was bought by the man's parents, then it is impossible to share, but the man's deposit, the woman has the right to apply for a share, and how to divide it depends on the court judgment.

There is no difference between half of the family's marital property.

It is really not easy to be a stay-at-home mother, out of a sense of responsibility to the family and trust in her husband, the wife voluntarily gives up her career development and devotes all her body and mind to the family, which deserves the respect of the other half.

However, in life, we often see such ridicule, saying that full-time motherhood is a high-risk occupation, not to mention all year round, the risk of lack of protection in divorce is high, and if the man has a new love outside, he will even face the situation of "being divorced".

However, it is not so easy for stay-at-home mothers to protect their rights and interests in divorce, and on the whole, there are mainly the following dilemmas:

1. Worried that the husband will use various means to hide and transfer the joint property of the husband and wife, resulting in a significant reduction in the property that can be divided in the event of divorce;

2. Worried about the lack of financial support after the divorce, the life is difficult, and due to the long-term interruption of the professional career, the career development will inevitably be hindered;

3. Fengbi is worried that she has no income and will not be able to fight for child custody.

There are two pieces of advice for stay-at-home moms:

Clause. 1. It is recommended to apply for property preservation.

Stay-at-home mothers can apply for property preservation in divorce to prevent the husband from urgently transferring and concealing the joint property of the husband and wife, and harming the legitimate rights and interests of the woman. If the woman applies for property preservation before filing a lawsuit, she may apply to the people's court with jurisdiction over the case to take preservation measures at the place where the property to be preserved, the man's domicile or the people's court with jurisdiction over the case.

Clause. 2. It is recommended to request financial compensation for divorce.

Stay-at-home mothers not only pay housework in the family, but also give up the opportunity to develop in their careers, and face many difficulties in redeveloping after divorce. For the man, even if he "leaves the house", he can rely on the social resources accumulated for a long time to quickly accumulate wealth.

1. How to divide the property of a full-time wife after a divorce.

1. Divorce of a full-time wife, division of property: the two parties shall negotiate first. 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.

Because the wife is a stay-at-home wife, the law stipulates that when the wife has more obligations due to raising children, taking care of the elderly, assisting the other party in work, etc., she has the right to claim compensation from the husband in the event of divorce, and the other party shall pay compensation.

2. Legal basis: Civil Code of the People's Republic of China

Article 1087:In the event 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.

Article 1088:Where one of the spouses bears more obligations due to raising children, taking care of the elderly, assisting the other party in work, and so forth, they have 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.

2. What are the circumstances under which the joint property system of husband and wife is terminated?

1. The transportation is terminated due to the agreement between the husband and wife.

During the existence of the marital relationship, the husband and wife may agree to terminate the joint property system and implement the separate property system or other forms of the marital property system.

2. Termination due to divorce.

Divorce extinguishes the marital relationship and can also lead to the termination of the community of property regime. In the event of a divorce, the husband and wife agree on the joint property or divide it according to law, thus making it their respective personal property.

3. Termination due to the death of one of the spouses.

Unless otherwise agreed, if the property jointly owned by the husband and wife acquired during the marriage relationship is divided, half of the jointly owned property shall first be divided into the property owned by the spouse, and the rest shall be the inheritance of the decedent. In the event of the death of one of the spouses, the surviving spouse has the right to divide the joint property and the right to inherit the deceased's estate.

When the joint property of the husband and wife is terminated for the above reasons, the joint property relationship of the husband and wife is extinguished, and the liquidation of the joint property of the husband and wife and the division of the property begins.

Full-time Mrs. He Zheng can protect her legitimate rights and interests in 4 ways in the marriage brother bench change:

1) Request for an appropriate share of the joint property of the husband and wife.

2) Request for compensation.

3) Claim for damages.

4) Request financial help.

Article 1088 of the Civil Code: Where 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.

Article 1091:In any of the following circumstances, where a divorce is caused, the party who is not at fault has the right to claim damages:

1) Envy Brigade bigamy;

2) cohabitation with another person;

3) Committing domestic violence;

4) Abuse or abandonment of family members;

5) There are other major faults.

Financial compensation may be claimed. According to the relevant provisions of China's Civil Code, during the existence of marriage, one of the husband and wife who bears more responsibilities and fulfills more obligations for the family has the right to request compensation from the other party at the time of divorce, and the other party shall make compensation. If a stay-at-home wife loses her job due to taking care of her children, taking care of the house, etc., she can be considered to have paid more obligations, so she has the right to demand compensation from the other party in the event of divorce.

Article 1088 of the Civil Code of the People's Republic of China provides that if one of the husband and wife 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.

Financial compensation may be claimed. According to the relevant provisions of the Civil Code of the country of adjudication, during the existence of the marriage, one of the spouses who bears more responsibilities and fulfills more obligations for the family has the right to request compensation from the other party at the time of divorce, and the other party shall make compensation. If a stay-at-home wife loses her job due to taking care of her children or taking care of her housework, she can be deemed to have paid more obligations, so she has the right to ask the other party for early compensation in the event of divorce.

Legal basis] Article 1088 of the Civil Code of the People's Republic of China If one of the husband and wife 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 and guessed, the people's court shall make a judgment.