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The car that the man bought after the woman left home is also considered the joint property of the husband and wife, because the wife is away from home, not divorced, so the property now belongs to the two of you.
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If the woman is away from home for a short period of time, she will not divorce. It must be the joint property of the husband and wife.
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If there is no divorce, buying a car is also considered joint property. Only property before marriage or after divorce is personal property.
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This should not be joint property, and whoever buys the vehicle belongs to whom. So their property was not formed beforehand.
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Is it divorced if you leave home? If you haven't divorced, it should be counted. However, if there is sufficient evidence that there is no relationship with the woman, it can also be counted.
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If the marriage is not dissolved, or if there is no divorce, even if he leaves the house, the things he buys will be less common property.
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If it is during the marriage, the purchase of a car by one party is considered the joint property of the husband and wife. , even if the woman is not at home.
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Is it considered joint property for the man to buy a car after the woman leaves home? Since there is no divorce, it is considered joint property.
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Hello, as long as there is no divorce, the man buys a car after the woman leaves home, which is also considered joint property, thank you.
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After the man left home, but the car he bought before the divorce is still considered joint property, you are still husband and wife without divorce.
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After leaving home, is buying a car considered joint property? The main thing is that if you don't get divorced, it is considered joint property.
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Legal analysis: After marriage, whether the woman's own contribution to buy a car is the joint property of the husband and wife depends on whether the funds for buying the car are the joint property of the husband and wife.
Buying a car after marriage is generally the joint property of the husband and wife. The following circumstances are not included:
1. The property of one of the husband and wife shall be the property of one of the husband and wife as determined in the will or gift contract for a vehicle purchased with the proceeds of a will or gift (Article 18, Paragraph 3 of the Marriage Law).
2. There is evidence to prove that the money for the purchase of the car is the pre-marital property of one party.
3. The purchase of a vehicle with "medical expenses, living allowances for the disabled, etc., obtained by one party due to physical injury" is the property of one of the husband and wife.
Legal basis: Civil Code of the People's Republic of China
Article 1062 The following property acquired by husband and wife during the existence of their 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.
Article 1063 The following property shall be 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.
Article 1065:A man and a woman may agree that property acquired during the existence of the marital relationship and property acquired 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 not clear, the provisions of articles 1062 and 1063 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 legally binding on both parties.
If the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the counterpart, the personal property of the husband or wife shall be repaid.
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Legal analysis: Whether the car bought by the woman's parents after marriage is a joint property depends on the circumstances: Bu Qin 1, the car bought by the woman's parents after marriage, and the woman's name written on it should belong to the woman's personal property and a gift from the woman's parents to their daughter.
2. If the car is the joint property of the husband and wife, and the parents do not expressly indicate that it is a gift to the husband or one of the wives, it should be regarded as a gift to both husband and wife. The joint property of husband and wife refers to the property acquired during the existence of the marital relationship, and the husband and wife have equal rights to dispose of the joint property.
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.
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Legal analysis: The husband buying a car after the divorce is not considered joint property. Because the parties have divorced, that is, the first party has dissolved the marriage relationship, the vehicle purchased by the husband after the divorce does not belong to the property obtained from labor and business during the existence of the marriage relationship between the parties.
Therefore, the vehicle purchased by the husband after the divorce is the husband's personal property and not joint property.
Legal basis: Article 1062 of the Civil Code of the People's Republic of China The following property acquired by husband and wife during the existence of their marital relationship is the joint property of the husband and wife and is jointly owned by the husband and wife: (1) wages, bonuses, and remuneration for labor services; 2) Income from production, operation and investment; (3) the vertical number of 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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After marriage, whether the woman's own contribution to buy a car is the joint property of the husband and wife, it depends on whether the funds to buy the car are the joint property of the husband and wife.
Buying a car after marriage, Chun Jingzhu generally belongs to the joint property of the husband and wife. The following circumstances are not included:
1. The property of one of the husband or wife shall be the property of one of the husband and wife as determined in the will or gift contract if the vehicle purchased by the manuscript is purchased with the proceeds of the will or gift (Paragraph 3 of Article 18 of the Marriage Law).
2. There is evidence to prove that the money for the purchase of the car is the pre-marital property of one party.
3. The purchase of a vehicle with "medical expenses, living allowances for the disabled, etc., obtained by one party due to physical injury" is the property of one of the husband and wife.
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1. Is the car bought by the woman herself after marriage a joint property?
1. After marriage, the car bought by the woman herself is joint property. If the car is bought with the income of the marriage, even if it is registered in the name of one of the spouses, it is the joint property of the husband and wife; If the vehicle is purchased with pre-marital savings and is registered in one's name, it is personal property; If a vehicle is purchased with pre-marital savings and is registered in the name of the spouse, it is considered joint property. "Joint property of husband and wife" refers to the property jointly owned by the husband and wife during the existence of the relationship between husband and wife.
2. Legal basis: 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 shall 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 party who is not at fault.
The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.
2. What is the process of divorce by agreement?
1. Application. Both parties must apply in person to the marriage registration authority where one of the parties is registered, and they must not entrust another person**. At the time of application, each party shall present the household registration certificate, the certificate of resident status, the letter of introduction issued by the unit, village or residents' committee, the divorce agreement, the marriage certificate, etc., so that the registration management authority can ascertain the identity of the parties and determine the jurisdiction.
2. Review. In the course of the review, the marriage registration authority shall fully understand the content of the agreement, especially paying attention to whether the parties' expression of intent to request divorce is genuine, and whether matters such as child support, assistance for one of the spouses' living difficulties, division of property, and debt handling are appropriate.
3. Registration. After examination by the marriage registration management authority, those who meet the requirements for divorce shall be registered, issued a divorce certificate, and the marriage certificate shall be cancelled; Where the statutory requirements are not met, the reasons for the refusal to register shall be explained in writing, and the relationship between husband and wife shall be dissolved from the time the parties receive the divorce certificate. If one of the parties to a divorce fails to perform its obligations in accordance with the divorce agreement, the other party may file a civil lawsuit in the people's court.
4. Revocation. Where a party applying for divorce obtains a divorce registration by deception or fraud, the marriage registration management organ shall revoke the divorce registration, declare the dissolution of marriage null and void to the divorced party and withdraw the divorce certificate, and if the party believes that it meets the requirements for divorce, it may apply for administrative reconsideration in accordance with law, and if it is not satisfied with the reconsideration decision, it may file an administrative lawsuit in accordance with law.
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In principle, buying a car after marriage and writing the name of one party belongs to the joint property of the husband and wife. However, if a vehicle purchased with pre-marital savings is registered in one's own name, unless otherwise agreed by both parties, it shall be deemed not to be joint property, but to be personal property. Legal basis:
Buying a car after marriage and writing the name of one party is, in principle, part of the joint property of the husband and wife. However, if a vehicle purchased with pre-marital savings is registered under the spine of the owner's name, unless otherwise agreed by both parties, it shall be deemed not to be joint property, but to personal property. Legal basis:
Article 1062 of the Civil Code The following property acquired by 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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Hello, do you mean that the man sold the vehicle that belongs to the joint property of the husband and wife? If so, it can be determined that if the husband conceals, transfers, sells, destroys, or squanders the joint property of the husband and wife, or falsifies the joint debts of the husband and wife in an attempt to encroach on the property of the other party, when the joint property of the husband and wife is divided in divorce, the other party may receive a small share or no share. In the case of the husband, the husband needs to bear the consequences of his own loss of property due to the transfer, and the husband needs to return the part that is finally determined to belong to you.
In addition, in addition to the risk of joint property of the husband and wife, it is also necessary to pay attention to the issue of custody in divorce. For the ownership of child custody, the two parties can negotiate first, and if the negotiation fails, they can request the court to make a judgment. In principle, under the age of two years with the mother, and from the age of two to eight years old, a comprehensive judgment should be made based on the various circumstances of both parties.
Children over the age of 8 will be respected. The main factors considered by the court in determining the ownership of child custody include the parents' financial ability, educational background, the child's original living environment, grandparents' maternal grandparents' education and willingness to raise children. In general, it is conducive to the healthy physical and mental growth of Yunqing's minor children is the general principle for determining the ownership of child custody.
[Relevant Laws].
Article 1084 of the Civil Code The relationship between parents and children shall not be 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 1092:Where one of the husband and wife conceals, transfers, sells, destroys, or squanders the joint property of the husband and wife, or falsifies the joint debts of the husband and wife in an attempt to encroach on the property of the other party, when dividing the joint property of the husband and wife in divorce, the other party may receive a small share or no share. After the divorce, if the other party discovers that he or she has committed any of the above-mentioned acts, he or she may file a lawsuit with the people's court to request that the joint property of the husband and wife be divided again.
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You can keep the evidence, and half of it will be awarded to you when the time comes.
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