If the man marries into the woman, he can not have real estate, and if he divorces, he can ask the w

If the husband and wife have not agreed in writing on the property, the real estate purchased by the husband and wife during the existence of the marital relationship shall be recognized as the joint property of the husband and wife, and in the event of divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman.

According to the Marriage Law of the People's Republic of China:

Article 17 The following property acquired by husband and wife during the existence of their marital relationship shall be jointly owned by the husband and wife:

1) Wages and bonuses;

2) the income from production and operation;

3) income from intellectual property rights;

4) Property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law;

5) Other property that shall be jointly owned.

Husbands and wives have equal rights to dispose of jointly owned property.

Article 18: In any of the following circumstances, it is the property of one of the husband and wife:

1) 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) Other property that shall belong to one side.

Article 19: Husband and wife may agree that property acquired during the existence of the marital relationship and property before marriage shall be owned separately or jointly, or partly separately or partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is unclear, the provisions of articles 17 and 18 of this Law apply.

The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is binding on both parties.

Article 39: At the time of divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman.

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

This is not necessarily, there are many reasons, property**, name, and divorce reasons are related, if there is no clear name, I hope to help you.

Legal analysis: The house is negotiated by the man's supermodel, and the divorced woman may not necessarily want the house. In the case of divorce, the parties can only divide the joint property, and if the property is purchased after marriage, even if the property is in the name of the man, in the absence of an agreement between the parties, it is still the joint property of the parties, and the woman can request the division of the property at the time of divorce.

If the property is the man's personal property, the woman cannot claim a partition.

Legal basis: Article 1087 of the Civil Code of the People's Republic of China In the event of divorce, the joint intellectual property of the husband and wife shall be disposed of by agreement between the two 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.

Legal analysis: 1. The woman does not have a house to live in, and the man is not obliged to pay the woman's rent fee after the divorce.

2. In the event of divorce, the man and the woman shall divide the property, and the individual property shall be owned by each other, and the joint property shall be distributed through negotiation. If one party is living in difficulty, the other party shall provide appropriate assistance from his or her personal property, such as housing. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

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 in person at the marriage registration authority.

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.

Summary. The agreement on the divorce agreement is valid, according to the relevant provisions: if the two parties have a dispute over the house that has not yet obtained ownership or has not yet obtained full ownership and cannot be negotiated, the people's court should not make a judgment on the ownership of the house, and shall make a judgment to be used by the parties according to the actual situation And after the parties have obtained full ownership of the house specified in the preceding paragraph, if there is a dispute, they may file a lawsuit with the people's court separately

Kiss The divorced man's house belongs to the woman, but there is no real estate certificate, it is generally considered a woman, and the covenant on the divorce agreement is valid, according to the relevant provisions of the book: If the two parties have a dispute over the house that has not yet obtained ownership or has not yet obtained full ownership and cannot reach a consensus through negotiation, the people's court should not make a judgment on the ownership of the house, and shall make a judgment to be used by the parties according to the actual situation and the parties have obtained full ownership of the house provided for in the preceding paragraph. You can file a lawsuit with the people's court separately

According to the provisions of the Civil Code, if the 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' intention to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

If one of the husband and wife requests a divorce, Li Daji may have the relevant organization conduct mediation or directly file a divorce lawsuit with the people's court, and the people's court hearing the case of divorce shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce should be granted

Have the parties signed a divorce agreement?

Summary. Hello, I'm glad for your question, is the divorced man's house owned by the woman but no real estate certificate considered a womanAnswer: Hello, dear! <>

According to Chinese law, only the person who has the title deed is the legal owner of the property. Therefore, if the divorce agreement stipulates that the man's house is owned by the woman, but the real estate certificate transfer procedures are not completed, then the woman cannot be legally recognized as the legal owner of the house.

If the divorced man's house belongs to the woman, but there is no real estate certificate, is it considered a woman?

Hello, I'm glad for your question, the divorced man's house belongs to the woman, but there is no real estate certificate, is it considered a womanAnswer: Hello, dear! <>

According to Chinese law, only the person who has the title deed is the legal owner of the property. Therefore, if the divorce agreement stipulates that the man's house is owned by the woman, but the real estate certificate transfer procedures are not carried out, then the woman cannot be legally recognized as the legal owner of the house.

Expansion and supplementation: In the case of real estate disputes, the law focuses on the ownership of property rights. When there is a change in the owner registered on the real estate certificate, it is necessary to go through the property right transfer procedures in order to legally transfer the ownership of the property.

Therefore, it was stipulated in the divorce agreement that the husband's house belonged to the woman, but there was no property transfer procedure, and the wife was not the legal owner of the house in the legal sense. In the event of a subsequent property dispute, the woman generally faces legal risks and losses. Therefore, it is recommended that in the divorce agreement, while determining the ownership of the real estate, the property rights transfer procedures should be completed as soon as possible to ensure the legitimacy and security of rights and property.

The house has not yet been taken is a room ticket.

Hello, I see what you mean. The house is determined by the name on the title deed, and if it is your name on the title deed, it is yours.

Summary. According to the provisions of China's Marriage Law, the joint property of husband and wife includes property before marriage, property obtained after marriage and property purchased during marriage. In the event of a divorce, the joint property should be divided equitably.

If the man's house is owned by the woman but does not have a title deed, then the woman is not the legal owner of the house, as the title deed is a legal proof of ownership of the house. Therefore, in the event of a divorce, if the husband agrees to give the house to the woman, he needs to go through the transfer procedures and transfer the ownership of the title deed to the woman. According to the Property Law of the People's Republic of China, the real estate certificate is the legal proof of the ownership of the house and has legal effect.

If the ownership of the house is not transferred, the ownership of the house remains with the original owner, i.e. the man. Therefore, if the woman wants to legally own the house, she needs to go through the transfer procedures and transfer the ownership on the title deed to herself.

According to the provisions of China's marriage law, husband and wife share property including pre-marital property, property obtained after marriage and property purchased during marriage. In the event of a divorce, the joint property should be divided equitably. If the man's house is owned by the woman but does not have a title deed, then the woman is not the legal owner of the house, as the title deed is a legal proof of ownership of the house.

Therefore, in the event of a divorce, if the husband agrees to give the house to the woman, he needs to go through the transfer procedures and transfer the ownership of the title deed to the woman. According to the Property Law of the People's Republic of China, the real estate certificate is the legal proof of the ownership of the house and has legal effect. If the ownership of the house is not transferred, the ownership of the house remains with the original owner, i.e. the man.

Therefore, if the woman wants to legally own the ownership of the house, she needs to go through the transfer procedure with the pants and transfer the ownership on the title deed to herself.

In addition, if the husband agrees to give the house to the woman at the time of divorce, but does not complete the transfer procedures, then the woman is still at risk in terms of ownership of the house. If the man changes his mind in the future, or if others raise objections to the ownership of the house, the woman will not be able to protect her rights and interests through legal means. Therefore, in the event of a divorce, it is recommended that the woman and the man's brother go to the housing management department to go through the transfer procedures to ensure the legal transfer of the ownership of the house.

In short, if the man's house belongs to the woman but does not have a title deed, the woman is not the legal owner of the house. In the event of a divorce, if the husband agrees to give the house to the woman, a transfer of ownership is required to transfer the ownership of the title deed to the woman. It is recommended that the woman and the man go to the housing management department to complete the transfer procedures to ensure the legal transfer of ownership of the house.

Legal Analysis: In the event of divorce, it is personal property and cannot be divided.

Legal basis: Article 1063 of the Civil Code of the People's Republic of China The following property is the personal property of one of the husband and wife:

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.

If the husband wants to divorce and does not agree to give custody, the custody is generally settled by the man and the woman through negotiation, and if the two parties cannot solve the problem through negotiation, the court will make a judgment according to the support conditions, educational background, age of the child and whether the husband and wife are not suitable for raising the child.

Article 1084 of the Civil Code states that the relationship between parents and children shall not be extinguished by the divorce of the parents. After divorce, whether the children are raised directly by the father or mother, the children of both parents are still too high. After divorce, parents still have the right and obligation to raise, educate and protect their children.

In the event of a divorce, children under the age of two shall be raised directly by their mothers. For children who have reached the age of two, and the parents fail to reach an agreement on the issue of child support, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child. Where children have reached the age of 8, their true wishes shall be respected.