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The problem is not very clear, as far as you say, the words of the son, there is no fault in the case, and in the case of the woman wants a son, you don't have much hope.
According to the "Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by People's Courts", children under the age of two generally live with their mothers, and if the mother has any of the following circumstances, she may live with her father: (1) suffering from infectious diseases or other serious diseases that have not been cured for a long time, and the children are not suitable to live with them; (2) The father requires the child to live with him/her; (3) The child is unable to live with the mother due to other reasons.
In the absence of these three circumstances, the court will generally order that the child lives with the mother. However, if both parents agree that a child under the age of two years will live with the father and there is no adverse effect on the healthy growth of the child, it may be permitted.
The amount of the child support fee may be determined on the basis of the actual needs of the child, the affordability of both parents and the actual standard of living in the locality. For those with a regular income, child support payments can generally be paid at the rate of 20 to 30 per cent of their total monthly income. Child support payments should be made on a regular basis, and may be paid in a lump sum if conditions permit.
The period of payment of child support is generally until the child reaches the age of 18.
Your family situation and her family situation are not statutory priorities, but the judge will consider them at his discretion.
Regarding property, if there is no joint property, there is no division, if the house is your father's property deed, it is your father's, if it is yours, it will be divided, and it will be joint property after marriage.
If you have any other questions, please add.
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The various aspects of the talk are too vague, and it is better to be specific! However, according to the law, all the property of the husband and wife after marriage belongs to the joint property, and in the case of divorce without the party at fault, the joint property must be divided equally! But one thing to note is that no matter what the family situation of the parties is, the parents of both parties are still there, their own property does not belong to you, and the owner of the property is still theirs!
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1.Son, you may not be able to get maintenance (too young, you can choke on education) you pay child support.
2.You can live in the house, it's your old man's property, and it has nothing to do with you.
3.The joint property, whatever it is, is half for one person.
4.Why can't you get by, you have to get a divorce, stupid? (Do you still fantasize about improving your life after divorce, and think more about how to make life better together).
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The house should be yours, I suggest you go to some legal ** to ask for help, they will be more professional.
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This couple is like playing mahjong, or the original match is good; Besides, you still have a dice!
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Legal Analysis: There are two ways to divide the property of husband and wife in divorce:
First, the property of the husband and wife is disposed of by both parties by agreement, and it is divided according to the result of the agreement;
Second, if the husband and wife fail to reach an agreement on the division of property, 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 innocent party.
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 the agreement fails, the people's burying 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 innocent party.
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1. Wages and bonuses obtained during marriage. 2. The income obtained from production and operation. 3. Income generated by the intellectual property rights of one party.
4. The property inherited or donated by either party during the marriage relationship. However, unless it is expressly stipulated in the bequest will or bequest contract that the money will be closed only to one of the parties. 5. The income obtained by one party by investing personal 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 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) the proceeds of intellectual property rights; (4) Inherited or donated property, except as provided for in item 3 of Article 163 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 is the personal property of one of the husband and wife: (1) the premarital property of one party; (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 party.
Article 1087: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 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. Article 1088:Where one of the spouses bears more obligations due to raising children, taking care of the elderly, assisting the other party in work, and so forth, they have the right to request compensation from the other party at the time of divorce, and the other party shall give compensation.
The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment. Article 1089:In the event of divorce, the joint debts of the husband and wife shall be repaid jointly. Where the joint property is insufficient to be paid off or the property is owned by each other, the two parties shall settle it by agreement; If the agreement is not reached, the people's court shall make a judgment.
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What are the three things that must go to the woman after the divorce:
1. The woman's pre-marital property.
Most women have been working for several years before marriage, and they will have some savings in their hands. Some women will make investments and buy houses, which are all pre-marital assets. However, some women do not understand what marital property is, and when they divorce, they will divide the pre-marital property together.
In fact, the law clearly stipulates that property is not divided before marriage.
2. The woman's personal belongings When getting married, the man gives the woman some things. For example, necklaces, rings, and after marriage, the woman uses her salary to buy a house and a car, as well as expensive jewelry and bags given by the man, are all personal items, and if you get divorced, they also belong to the woman. Nowadays, in order to give their daughters confidence, many parents also give valuable things, just like Xu Fen's parents, who buy houses for their daughters.
And some women can afford to buy real estate for themselves before marriage, which belongs to the woman, and the man has no right to share. However, it is important to note that if the parents accompany the gift after the marriage is registered, it will become the joint property of the husband and wife unless it is stated in advance that it is given to the daughter alone.
3. Insurance compensation for work-related injuries and accidents Nowadays, most women are independent, especially in terms of economy, they are no longer limited to the marriage of husband and child, but have their own jobs. However, some jobs are still very dangerous, such as factories, construction sites, etc., in case of accidents, there will basically be corresponding compensation, which are all obtained by the woman, even if divorced, it has nothing to do with the man.
In fact, no one gets married with a divorce mentality, but it takes both parties to work together to live a life. And life will inevitably have accidents, affecting each other's feelings, in the end they have not paid a lot, but they are deeply hurt by the other party and have nothing.
Laws and Regulations] 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.
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According to Article 17 of the Marriage Law of the People's Republic of China, the following property acquired by the husband and wife during the existence of the marriage relationship shall be jointly owned by the husband and wife
1.salaries, bonuses;
2.income from production and operation;
3.proceeds from intellectual property rights;
4.property acquired by inheritance or gift;
5.Other property that should be jointly owned.
The key point is the timing of the transfer of ownership of the car, if your father transferred the car to you during your marriage, that is, before the official divorce, both spouses have equal rights to the car, and she can get it. However, if you choose to divorce by mutual agreement instead of a statutory divorce, the parties can negotiate the division of property; If the lawsuit is filed for divorce in court, the division of property is executed according to the judgment of the court.
Equity issues are complex and can be communicated on a case-by-case basis.
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