Divorce property division and child custody issues

In the case of divorce of personal property before marriage, it is not involved in the division of property.

Property acquired during marriage is generally divided equally in the event of divorce.

In general, the child will be given to the woman, and if the child is over 10 years old, the court will follow the child's opinion to decide. And your child is only more than 1 year old, if there is no problem, the child should judge you.

The house purchased by the husband before the marriage is his personal property.

The house purchased after the marriage is the joint property of the husband and wife and should be divided equally.

Generally speaking, you will get custody of your child, which is conducive to your child's growth.

To put it bluntly, it's still greedy for money, and I don't think the compensation from other units should be given to you, and I think these things are dirty. All you get is half of the co-payment. In terms of capital contribution, the man is 180,000 plus half of the joint contribution, and the woman is half of the co-contribution.

As for children, what do you want children for? It should be awarded to you. But it's better not to. Alimony, based on local living standards, does not give a lot just because a man has a high income.

Pre-marital property is not allowed to participate in the division of property, because it does not belong to the joint property of the husband and wife! Only divide the property after marriage!

The child will generally be awarded to the woman!

Children under the age of 2 generally belong to their mothers.

Pre-marital property is not involved in the division of property.

After marriage, the property is divided equally

The property is divided equally after the divorce, regardless of whether it is before or after marriage, it will be given equally to the two people, and I think the court will award the custody of the child to your husband, but if he can't take care of the child in time, you can state the reasons to the court, maybe it will change the situation.

Housing after marriage is joint property and should be divided equally.

Unless you have some reason why you are very unfit to take a child, the child will definitely give it to you, don't worry.

Division of property in divorce: In the event of divorce, the joint property of the husband and wife is 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 of husbands or wives in the contracting and operation of family land shall be protected in accordance with law.

Child support: After divorce, parents still have the right and obligation to raise, educate, educate, and protect their children. After the divorce, children under the age of two in Yuanzhou 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.

Article 1084 of the Civil Code of the People's Republic of China.

The relationship between parents and children is not extinguished by the divorce of the parents. After divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or mother. 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.

Article 1087 of the Civil Code of the People's Republic of China.

In the event of a 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.

1. Division of property in divorce. According to what you said, your real estate is purchased after marriage, and the purchase price is the joint property of the husband and wife, if you have not signed a written marital property agreement, the house is the joint property of your husband and wife in accordance with the law, and when you divorce, the house can be handled by your husband and wife through negotiation, if you cannot negotiate, the people's court shall make a judgment according to 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. In judicial practice, in principle, the wife, children, and innocent party will be given a corresponding preference on the basis of one and a half of the husband and wife, but the proportion is usually not too high, and the specific circumstances need to be comprehensively measured in combination with the emotional foundation of both parties, the reason for the divorce, and the property status of the husband and wife.

II. Ownership of the custody of the son: For the issue of the ownership of the custody of the child, the age group is divided and dealt with separately: (1) The child under the age of two shall be directly raised by the mother in principle; (2) For children who have reached the age of two, the parents shall negotiate the issue of custody, and if the negotiation fails, the people's court shall make a judgment in accordance with the principle of the best interests of the minor child on the basis of the specific circumstances of both parties; (3) If the child has reached the age of 8, the true wishes of the child shall be respected.

Since your son is relatively young, in principle, the child will be awarded to you for custody, if the other party also strongly wants custody of the child, you can do your best to fight for the child's ability to raise the child, the conditions for raising the child, and whether the child is directly raised by you from the birth of the child to the lawsuit.

The family law garden team Fu Peng made a fussy Zen Bo.

The house is a joint property and can be divided jointly. Regarding child custody, you need to provide evidence to prove that it is more beneficial for the child's growth that you raise the child, so that He Zhen can win the custody of the child.

Hello! If you can't reach an agreement in the end, you need to settle the child custody and property division issues through litigation.

1. According to what you said, the house you bought in Wuhan is a matter after marriage, and according to the provisions of the Marriage Law, the property is the joint property of the husband and wife, no matter which party's name is on the real estate certificate. In case of divorce, in principle, it will be divided equally.

If the house payment is not paid in full, then determine the total value of the property according to the payment and the corresponding appreciation (for example, the down payment of 300,000 + 2400 square meters * 80 appreciation), if he wants a house, he must compensate you half of the current value of the property (according to the previous example, 10,000 yuan), and the future mortgage will be borne by him alone.

2. If the court comes to judge, because the child is young, it will be awarded to you; The husband is required to pay monthly alimony at 20-30 per cent of his monthly income.

3. Before you file a lawsuit, prepare a complaint, stating the request for divorce, specific requests (such as specific requirements for custody and property division), factual basis, etc.