-
If two people divorce, the child goes to the woman. The house also belongs to the woman. Because children can inherit their parents' property. Therefore, the house must belong to the woman and the man must leave the house.
-
In the event of a divorce, the children belong to the woman, and the house can be divided equally between the two of them, but you have to pay child support until the age of 18. You can also divorce by agreement and give the house to the party with the children, after all, the children are the crystallization of your love. It's good to get together and disperse, don't lose the child.
-
The other party is at fault but there is no evidence, the house is the joint property of your husband and wife, and you can negotiate the divorce, how to divide the property, and then sign a divorce agreement. The normal property is one and a half for one person, and the other party needs to pay child support to whoever the child belongs to.
-
If the house is purchased after marriage, the property should be divided equally in the event of divorce, and if the child is raised by the woman, the man will demand monthly maintenance.
-
The house is half for one person, and you and the woman spend a little child support for the child. Husband and wife are well together and separated. Don't hurt the feelings of two people with one interest. It seems that the child's sake is a little bit for the woman. I will meet again for the sake of the child in the future.
-
Who does the house belong to? Negotiate for yourselves. If the court decides, it should be one and a half. Whoever takes the child will take child support so. Whether you want to divorce by mutual agreement or sue for divorce is up to you.
-
The child is already older, because you have demolished the house, and neither party will be satisfied. The child belongs to the woman and has only one relative, and the child belongs to the man, who has a large number of relatives. It is better for the house to belong to the man, and the woman can find a house if she remarries, and it is difficult for the man to do it if he does not have a house.
-
Half and half.
The party at fault should leave the house!!
-
If it is a divorce by mutual agreement, you can negotiate it. If it is sued to the court, it is generally divided equally.
-
As a boy, I think that since the boy is wrong first, he must be punished accordingly, you choose to divorce the child and follow the mother, and the man will go out of the house, after all, you can't let the woman take a 16-year-old child to squeeze the rental house, if the child is a girl, it's fine, if it's a boy, the two people live more inconvenient. So the house in my opinion is owned by the woman.
-
If it's an agreed divorce, it's up to you how you negotiate it. If you go to court, it will definitely be evenly divided.
-
Child support. Legal basis: "Marriage Law of the People's Republic of China" Article 39 In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; When an agreement is not reached, the people's court shall take care of the rights and interests of the children and the woman according to the specific circumstances of the property.
-
What you did not do is right, the woman has only passed so many years for the sake of the child and the family, and the child is returned to the woman, if you still have the heart, the house will be given to the child.
-
There is no evidence for this situation as you said, and the house is joint property after marriage, so there is only a score. The child has nothing to do with the room sharing. It's just that there is custody after divorce, alimony.
-
Since the house is purchased after marriage, it belongs to the joint property of the husband and wife. In the event of a divorce, the house can be discounted by half to the other party. In addition, if the child is raised by the woman, does the man need to pay child support?
-
There is a law in China that after a divorce, the property of a husband and wife is divided equally.
-
Let's divide it evenly, so it's fairer.
-
Because you don't have evidence, it can't help you according to the current law, it is recommended to collect evidence, because there are still children, it is not recommended to cause a big dispute, for fear that the child will have an overreaction, a smooth transition is the best, and the body is the most important.
-
It's all for the woman, after all, it's the house that the woman bought.
-
One person can stay for one night.
-
Child custody does not affect the division of real estate, and if the property rights of the house are jointly obtained by joint contribution after marriage, regardless of the name of one or both parties on the real estate certificate, it is divided into the joint property of the husband and wife. If one of the husband and wife pays the full amount of the house before marriage, and the property certificate is registered in his or her name, it is premarital property.
If one of the husband and wife pays a down payment to purchase a house before marriage, and the husband and wife jointly repay the loan after marriage, and the house is registered in the name of the party who paid the down payment, the real estate shall be handled by both parties through negotiation at the time of divorce, and if the negotiation fails, the court may make a judgment that the immovable property belongs to the party whose property rights are registered, but shall compensate the other party.
Article 38 of the Marriage Law: After divorce, the parent who does not directly raise the child has the right to visit the child, and the other party has the obligation to assist. The method and time of exercising visitation rights are to be negotiated by the parties; If the negotiation fails, the people's court shall make a judgment.
-
There are the following types of divorce and division of real estate within marriage: 1. After marriage, the parents of both parties buy a house in full, and the house is registered in the name of one of the children, if there is an agreement between the two parties, it will be divided according to the agreement, and if there is no agreement, it will be divided according to the proportion of the capital contribution of both parents.
2. After marriage, if one of the parents makes a down payment, and the house is registered in the name of one of the children, it is generally determined that the house belongs to the joint property of the husband and wife, and the down payment made by the parents is regarded as a gift to one of the children.
3. If one of the parents buys a house in full after marriage, and the house is registered in the name of one of the children, it is generally recognized as a gift from the parents to the children, and it is the personal property of one party.
4. After marriage, the joint property should be divided equally when you buy a house, and it should be divided equally when you divorce.
5. After marriage, if one party contributes full money to buy a house with personal property, if it can be proved that the funds for the purchase of the house are personal property, it belongs to personal property and does not participate in the division. The above is my answer to this question, I hope it can help you, thank you.
-
1.The house purchased by one of the spouses before marriage and the full payment of the house shall belong to the pre-marital property of one party, and the other party shall not have the right to claim division in the event of divorce; 2.After marriage, the house purchased by one of the spouses with personal pre-marital property shall belong to the pre-marital property of one party, and the other party shall not have the right to demand division in the event of divorce; 3.
Where a house is rented by one of the brothers' brothers before marriage and purchased with joint property after marriage, and the house ownership certificate is registered in the name of one party, the brigade shall be deemed to be the joint property of the husband and wife; 4.The house (including loans) purchased by the husband and wife with joint property after marriage shall belong to the joint property of the husband and wife, and shall generally be divided equally in the event of divorce.
Legal basis: Article 1087 of the Civil Code of the People's Republic of China 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.
Interpretation 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 69: Where the parties reach an agreement on the disposition of property and debts that is conditional on divorce by mutual agreement or mediation of divorce in the people's court, and one party repents in the divorce proceedings, the people's court shall find that the agreement on the disposition of property and debts has not taken effect, and make a judgment in accordance with the provisions of articles 1087 and 1089 of the Civil Code on the basis of the actual circumstances. The provisions of the divorce agreement signed by the parties in accordance with Article 1076 of the Civil Code concerning the disposal of property and debts are legally binding on both men and women. Where after the registration of the divorce, the parties initiate a lawsuit due to a dispute arising from the performance of the above-mentioned agreement, the people's court shall accept it.
-
The way in which the divorce agreement for the child goes to the woman is:
1. Write down the identity of both husband and wife, and the basic information such as the banquet information;
2. Clearly state the facts and reasons for the divorce by mutual agreement between the husband and wife;
3. Clearly state the expression of intent of the parties to divorce voluntarily, and the consensus on matters such as property and debt key guessing;
4. Clearly state that the custody of the child belongs to the woman's consensus opinion, etc.
Civil Code of the People's Republic of China
Article 1076.
If the husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration machine.
The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.
Civil Code of the People's Republic of China
Article 1077.
Within 30 days from the date on which the marriage registration authority receives the application for divorce registration, if either party is unwilling to divorce, he or she may withdraw the application for divorce registration from the marriage registration authority.
Within 30 days after the expiration of the period provided for in the preceding paragraph, both parties shall apply in person to the marriage registration authority for the issuance of a divorce certificate;
If the application is not made, it shall be deemed that the application for divorce registration has been withdrawn.
Civil Code of the People's Republic of China
Article 1078.
If the marriage registration authority ascertains that the parties have indeed divorced voluntarily and have reached a consensus on matters such as child support, property and debt disposition, they shall register and issue a divorce certificate.
Yes, but if the maternal grandparents are able to support them, they can help the children take care of their grandchildren. >>>More
The man's signature is no longer required, because the house is already owned by the woman and belongs to the woman's personal property, and the woman's signature is sufficient.
When the child becomes an adult, he or she can choose his or her own guardian.
Article 1086 of the Civil Code: After divorce, the parent who does not directly raise the children has the right to visit the children, and the other party has the obligation to assist. >>>More
The best thing to do is not to contact the ex-wife and children privately, let the woman know about everything related to them, if you transfer the maintenance expenses regularly, you can let the girlfriend participate in the responsibility, you can also make an appointment to exercise the right to visit, inform the girlfriend in advance, and do not meet with the ex-wife alone. If your girlfriend doesn't like it, try to see each other as little as possible.