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As the name suggests, it is property that can be divided. I do legally have a lot of property that can be divided. Inherited inheritance can be divided, joint property can be divided after divorce, and property can be divided after a partnership company is divided or bankrupt.
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"Co-ownership of property" refers to the rights of two or more subjects of rights to jointly possess, use, benefit from and dispose of the same property.
Community ownership of property includes joint ownership and joint ownership. "Co-ownership by shares" refers to a form of co-ownership in which two or more co-owners enjoy ownership of the immovable or movable property in common according to their shares.
Co-ownership refers to the joint ownership of the jointly owned immovable or movable property by two or more rights subjects based on a certain common relationship.
1. How to transfer the divorced property to the man.
The process of transferring the divorced property to the husband is as follows: 1. In case of divorce by agreement, both parties shall go to the real estate registration authority together, and apply for registration with their ID cards, divorce agreement and house ownership certificate. 2. In the case of divorce by litigation, one party may unilaterally apply to the real estate registration authority, and it is necessary to submit application materials such as ID card, judgment, and house ownership certificate.
According to Article 10 of the Detailed Rules for the Implementation of the Provisional Regulations on the Registration of Immovable Property, an application for registration of the disposition of jointly owned immovable property shall be jointly applied for by the co-owners or all the co-owners who account for more than two-thirds of the shares, unless otherwise agreed by the co-owners. When a co-owner transfers his share of immovable property, he or she shall apply for registration of the transfer together with the transferee. The application for registration of immovable property in accordance with the law belonging to all owners in the building zoning shall be handled in accordance with the provisions of Article 36 of these Implementing Rules.
2. Is the mortgage of one of the joint property of the husband and wife valid?
Where one of the spouses creates a mortgage on the joint property of the husband and wife, it is invalid. The husband and wife have equal rights to dispose of the joint property of the husband and wife, and the mortgage of one party without the consent of the other party is invalid, unless otherwise agreed between the husband and wife. According to Article 301 of the Civil Code implemented in 2021, the disposal of jointly owned immovable or movable property, as well as major repairs or changes in the nature or use of jointly owned immovable or movable property, shall be subject to the consent of more than two-thirds of the co-owners or all the old co-owners of the common state, unless otherwise agreed between the co-owners.
3. The difference between the right holder and the right holder.
Housing rights holders refer to legal persons, other organizations and natural persons who enjoy the ownership of the house and the land use rights and other rights of real estate within the scope occupied by the house in accordance with the law.
Ownership is the main and most important property right. The rights of the owner of the houseThe owner of the house has the right to occupy, use, benefit from and dispose of the house he owns, and has the right to exclude the interference of others.
Only the property owner is on the title deed. If two people purchase in a joint name, they can choose to share it jointly or by shares. By share:
Civil Code of the People's Republic of China
Article 297:Immovable or movable property may be jointly owned by two or more organizations or individuals. Co-ownership includes co-ownership and co-ownership.
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Hello, how to divide the joint property of the husband and wife in the event of divorce can be determined by agreement between the parties; If the negotiation fails, the court may make a judgment on the basis of 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.
According to the information you provide, the income obtained by the husband and wife after marriage, the real estate purchased, and the model vehicle are all part of the joint property of the husband and wife, and how to divide it will be considered in combination with the size of the contribution of both parties, the number of years of marriage, the degree of fault and other factors. As for your father's gambling debts, they are your father's personal debts, and your mother is not required to repay them.
If you have any other questions about the legal search, you are welcome to continue to communicate.
Relevant Laws] Civil Code
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.
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Divide it evenly, otherwise how else can it be divided.
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Indivisible property mainly refers to the personal property of one of the spouses, mainly including: the pre-marital property of one party; compensation or compensation received by a party for personal injury; Leakage in the will or property that is determined in the gift contract to belong to only one party; daily necessities for one party; Other property that should belong to one party.
1. What are the criteria for determining the joint property of husband and wife?
The following property is the personal property of one of the spouses:
1) the pre-marital property of one of the parties;
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.
2. Whether the salary before marriage is the joint property of the husband and wife.
Prenuptial wages are the personal property of one of the spouses and are not the joint property of the spouses.
According to our law, the following property is the personal property of one of the spouses:
1) Stockings refer to the pre-marital property of one party;
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.
3. The post-marital gift contract determines whether the property belonging to one party is joint property.
It is not the joint property of the husband and wife that only determines the marital property in the gift contract.
The Civil Code of the People's Republic of China stipulates that the following property shall be the personal property of one of the spouses:
1. One party's pre-marital property;
2. Compensation or compensation obtained by one party due to personal injury;
3. The property that is determined to belong to only one party in the will or gift contract;
4. A search formula for special daily necessities;
5. Other property that should belong to one party.
Article 1062 of the Civil Code.
The following property acquired by the husband and wife during the marriage 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.
Article 1063.
The following property is the personal property of one of the spouses:
1) the pre-marital property of one of the parties;
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.
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Legal Analysis: Undivided property has the following:
the pre-marital property of one of the parties;
2) Medical expenses, living allowances for the disabled, and other expenses received by one party as a result of bodily injury;
3) Property that is determined in the will or gift contract to belong to only one of the husband or wife;
4) Daily necessities for the exclusive use of one side;
5) The property of one of the parties.
Legal basis: Article 1062 of the Civil Code of the People's Republic of China The following property acquired by the 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.
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My father is going to divorce my mother and I am going to split up.
The name on the title deed is my name, so if you do sell it, how will the three of you divide the property?
Yes I'm 23
Yes, I've signed the agreement, but now my father is working on the idea of this house, and I haven't paid for it, but my father hasn't paid for it, and this is our relocation house.
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Is it inheritance or division of marital property?
Property preservation refers to the legal measures taken by the people's court to seize and detain the debtor's property according to the application of the parties to prevent the disposition, transfer and loss of the property from becoming unenforceable.
The Marriage Law stipulates that the acquisition of property before marriage is personal property, and since there are inconsistencies between the time when the contract is signed, the time of payment and the time when the property rights are handled for real estate such as houses, the key to the problem lies in the determination of the time of "acquisition of property" stipulated by the law. In my personal opinion, your question involves the transformation of the form of property, although the property right of the house is handled after marriage, but the property of the house is converted from your pre-marital property (i.e., personal deposit), and since the personal deposit is obtained before marriage, the real estate converted from it should also be recognized as pre-marital property, so it belongs to your personal property.
The joint property of husband and wife refers to the property acquired by one or both parties during the existence of the marital relationship and provided for in the Civil Code of the People's Republic of China, which is jointly owned by the husband and wife, and the husband and wife have equal rights to dispose of the joint property. >>>More
China's "Marriage Law" adopts the model of combining the legal marital property system with the agreed marital property system, and has made detailed provisions. (1) The statutory marital property system, which refers to the system of marital property directly applied by the relevant laws when the husband and wife have no agreement before or after marriage or the agreement is invalid. Article 19 of the Marriage Law stipulates that husband and wife may agree that the property acquired during the marriage relationship and the property before marriage shall be owned separately or jointly, or partly separately and partly jointly. >>>More
Property insurance refers to the insurance in which the policyholder pays the insurance premium to the insurer in accordance with the contract, and the insurer bears the liability for the loss caused by natural disasters or accidents by the insured property and its related interests in accordance with the insurance contract. Property insurance, including property insurance, agricultural insurance, liability insurance, guarantee insurance, credit insurance and other types of insurance with property or interests as the subject of insurance. Reference.