The agreement stipulates that the car belongs to the woman, but it is not in the name of the husband

A car that is not registered in the name of the party (the person subject to execution) cannot be enforced.

Although a car is a movable property, it is a special movable property that is required to be registered by law. If the property right registrant is the property right owner, even if the person subject to enforcement drives a car that is not registered in his name, it cannot be executed, and at most it is temporarily withheld, and it must be returned to the property owner when the property owner claims rights.

Property Law of the People's Republic of China

Article 14 Where the creation, alteration, transfer or extinction of immovable property rights shall be registered in accordance with the provisions of law, they shall take effect when they are recorded in the immovable property register.

Article 24 The creation, alteration, transfer and extinction of real rights in ships, aircraft, motor vehicles, etc., shall not be used against bona fide third parties without registration.

The divorce agreement stipulates that the vehicle belongs to the woman, but the vehicle is not in the name of the husband and wife, and of course cannot be enforced.

If this divorce agreement is sued to the court, the court will not support it, because the vehicle is not in the name of the husband and wife, and it does not belong to the joint property of the husband and wife.

Since the court cannot rule in favor, of course, it cannot be enforced.

Summary. Hello, no. Since the vehicle in the woman's name is owned by the man, the mortgage and mortgage procedures must be completed by the husband himself. The woman's knowledge, consent and proof are required.

If the marital property agreement stipulates that the vehicle in the woman's name belongs to the man, can the man mortgage it without the woman's knowledge?

Hello, it's not okay for the chain to attack the shed brother. Since the vehicle in the woman's name is owned by the man, the mortgage and mortgage procedures must be completed by the husband himself. The woman's knowledge, consent and proof are required.

That is, if you want a mortgage, you have to agree to the woman, right?

Yes, dear. Okay, if you are separated in marriage, and the man does not give a penny on the grounds that he is not working, and he has children, can he sue? How to sue?

It can be sued, and if there is a property dispute between the husband and the wife, it should be resolved through civil litigation. According to the provisions of the Marriage Law of the People's Republic of China, during the existence of the marital relationship, the husband and wife may claim payment from the other party for the necessary living expenses or the maintenance of the children. If a property dispute arises, the spouses can mediate to confirm the property structure.

If the mediation is unsuccessful, you can file a lawsuit and file a request in the civil court for alimony from the other party.

How much does this type of prosecution cost? Beijing.

It generally ranges from thousands to tens of thousands. The complexity of the case can also affect the cost of litigation.

Legal Analysis: What should be divided in the division of property in a divorce is the joint property of your husband and wife, and the so-called joint property refers to all the legal holdings of the two people in your marriage. During marriage, it refers to the period from the date on which both parties receive the marriage registration certificate to the date of divorce procedures, and all the legal income of both parties during this period can be classified as the joint property of the husband and wife for division.

In principle, all the property of both parties should be pooled together in the division of divorce property, and then half of the property of one person, and the property before marriage and after the divorce shall be owned by the individual, but at the same time, the following principles shall be followed:

1. The principle of equality between men and women.

2. The principle of taking care of the interests of children and the woman.

3. The principle of conducive to life and convenient life.

4. The principle of non-abuse of rights.

How to determine the scope of joint property in the division of property in divorce.

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

Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration at the marriage registration authority in person.

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.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

If true, according to property law, the judge will not enforce the vehicle belonging to the woman, even if the vehicle is not transferred, according to the property law.

The woman can take the initiative to enforce it in court.

If compulsory measures have been taken against the vehicle, the woman can submit an enforcement objection and relevant evidence to the court in accordance with the divorce agreement.

However, if the divorce or vehicle transfer is a transfer of property to evade enforcement, the corresponding legal responsibility must be borne.

If the man's debts were incurred after the divorce and the creditor knew that the man's debts were incurred for personal purposes and not for the joint life of the husband and wife, the woman could not be required to pay compensation.

The husband's personal debts seized the vehicle purchased during the couple's existence. Because there was a loan that had not been settled and had not been transferred. It is now settled. If the divorce agreement stipulates that the vehicle belongs to the woman, but the car is seized due to the man's personal debts, can the woman get the vehicle back?

Summary. Hello, it is a pleasure to serve you. I am lawyer Sun Wei, with nearly ten years of legal practice, specializing in marriage and family, labor relations, private lending, contract disputes, criminal defense and other legal services!

I have seen your question and am sorting out the reply for you, please wait for a while so that I can better answer you, thank you! 

The divorce agreement car belongs to the woman, the ownership has not been transferred, and the man has debts, whether the court can enforce the vehicle.

Hello, it is a pleasure to serve you. I am lawyer Sun Wei, with nearly ten years of legal practice, specializing in marriage and family, labor relations, private lending, contract disputes, criminal defense and other legal services! I have seen your question Zen Heng, and I am sorting out the reply for you, please wait for a while, so that I can better answer you, thank you!

Hello, I'm glad to answer for you.

Hello, you can execute the vehicle, because no matter who the agreement belongs to, for the creditor, it is the husband and wife who jointly occupy the property, and at least half of the share can be enforced.

Of course, your agreement has no effect on the two of you, in other words, the court can enforce half of it, and after the execution, you can take the couple's dry agreement to the court to sue the man and ask for compensation for your losses.