There is an existing case of marital property rights dispute that I would like to ask you for advice

Updated on society 2024-04-10
20 answers
  1. Anonymous users2024-02-07

    The first question: the original property is the joint property of the husband and wife, 50% of which belongs to the father, and after the death of the mother, 50% of her inheritance is inherited equally by the father and the children. 50% of the new house replaced by the old house still belongs to the father, which is the pre-marital property.

    The other 50 per cent is equally owned by the father and the child.

    The second question: according to the property law, the immovable property is subject to the content of the registration, so the stepmother and children can claim that the house is jointly owned by the stepmother and the father on this ground. But referring to the first question, the house actually does not have a stepmother's share.

    The Property Law has provisions on the registration of immovable property, and if it can be proved that the registration is incorrect, it should be corrected. Therefore, the original mother and children may request the court to confirm the ownership through a lawsuit, and if they win the lawsuit, they can request the real estate registration authority to change the registration by virtue of the judgment, so that the real estate certificate should not be the father and stepmother, but the father has 50%, and the other 50% is jointly owned by the father and the original mother and children. In addition, I have the impression that there can be no two names on the real estate certificate, only one person, please implement it clearly.

    Finally, according to the analysis of inheritance law, the stepmother's original children should not have the right to inherit. Mr. A's biological mother's estate is 50 per cent of the house (the father has the other 50 per cent), and her estate is shared by the father and his children. Mr. A can claim inheritance of his mother's property.

    My questions are all from the inheritance law, and the real estate rights chapter of the property law, if you don't make it clear, you can check it yourself.

    If I answer every question like that, friend, I'm exhausted.

  2. Anonymous users2024-02-06

    Try to sue the property management department for cancellation of the registration.

  3. Anonymous users2024-02-05

    The bungalow is your father's personal property, and the building is the joint property of the husband and wife.

    The bungalow is your father's personal property, and the building is the joint property of the husband and wife. It is possible to sue for divorce and then divide the property.

    When the husband and wife divorce the joint property, it shall be divided, and if the negotiation fails, it can be resolved through legal channels.

    The bungalow is your father's personal property, and the building is the joint property of the husband and wife. If the divorce should return the property in time, the woman's argument is certainly unreasonable, and the two buildings are joint property.

  4. Anonymous users2024-02-04

    First of all, if the divorce agreement is not made under the mediation of the court, there will be no change in the property right. If it is a court decision, then the property is actually owned by the man alone.

    It is more complicated, because there is no registration at the time of divorce, and the woman can give the credibility of the registration to dispose of the property alone, but in fact it is still the joint property of the husband and wife.

    Of course, aside from the above, from the key point, since both the man and the woman have signed a contract with you, no matter who owns the property at this time, they have made an expression of intent to trade the property to you, and the contract has come into effect.

    As a result, you can now acquire the property solely on the basis of that contract. If the woman does not cooperate now, she will file a lawsuit with the court to confirm the validity of the contract and handle the transfer of ownership of the relevant real estate accordingly.

  5. Anonymous users2024-02-03

    1.According to the Marriage Law, the divorce agreement is valid, the man obtains the ownership of the property, and the woman is no longer a spouse and has no inheritance rights;

    2. If the heir does not agree to the transfer, the agreement will be breached, and the heir shall bear the liability for breach of contract within the scope of the estate.

    3. The woman is divorced, how can she still have property rights?

    4. The Injured Master requires the heir to bear the liability for breach of contract or to handle the transfer of ownership.

  6. Anonymous users2024-02-02

    1.This information cannot be admissible as evidence.

    2.This information will not be upheld by the courts.

    3.The principle of divorce property division is owned before marriage, owned by each other, and jointly owned after marriage, and the division you are talking about is unfair, but the final ownership must be agreed and signed by both parties, and it does not count if any single party says it.

    The breakdown of marriage is the only condition for divorce, and it can be seen from this case that the breakdown of marriage is far from being reached, so the possibility of divorce by the court is very small.

  7. Anonymous users2024-02-01

    Hello landlord!

    You don't have to worry, everything is just wishful thinking on your husband's part, the court is not his family's business, the laws of the country are not his final say, and you have not done anything obviously excessive.

    In addition, there is no explicit provision in laws and regulations on leaving the house, which is just a kind of restraint on each other before and after marriage.

    Take 10,000 steps back, even if you have done something deviant. The man can't kick you out either.

    All personal rules and regulations outside of the marriage law are not supported by the legal community.

    In addition, you mentioned that a house before your marriage is not personally entitled to be distributed, so you have to negotiate a proportional distribution.

    Even if the name of the party is written on the property, it can't, the law on the joint property of the husband and wife is clearly stipulated, such as if there is no other party who is not at fault or harms the other party, etc., generally each enjoys half, if one party has a major fault, resulting in family damage, etc., the court is likely to divide part of the party at fault again (if there are children, the children hold it).

    What I'm talking about is just a part of the marriage law, and there are many more, in short, as long as you are not at fault, your husband has no right to deprive you of any enjoyment. In addition, I want to remind the landlord, have a long mind, don't be blinded by many things, just look at what you said above, your husband is very scheming, and then such a small problem, has shown all kinds of signs that he can't wait!

    Husbands and wives sometimes have no feelings, and in the end they are red-eyed, think about it yourself, and don't be afraid of it. Actively seek help, women are sometimes a vulnerable group. A lot of people on it!

    If the above has helped you, please adopt and review!

    If you have any other questions, you can ask!

    Thank you! Have a great day! Happiness!

  8. Anonymous users2024-01-31

    Hello, it is unlikely that you will leave the house, and you can protect your legitimate rights and interests in accordance with the law.

  9. Anonymous users2024-01-30

    According to laws and regulations, the circumstances under which a marriage is void include:

    1. Bigamy; 2. Those who have not reached the legal age of marriage;

    3. Those who have a kinship that prohibits marriage, that is, close relatives marry;

    4. Suffering from a disease that is medically considered unsuitable for marriage before marriage, and has not been married after marriage.

    A voidable marriage consists of a marriage that is limited to the marriage under duress, and only the party who was coerced into marriage can annul the marriage.

    Your case is a de facto marriage established by fraud, not a case of nullity and annulment, but only a divorce by way of litigation. As for the money she borrowed from you, you can also ask for it back.

    She called the police and said that although the case of cheating on marriage is related to your marriage, she must come up with enough evidence to support it, and you can also refute it with evidence that you had the purpose of marriage during your relationship. It does not affect you to sue for divorce.

  10. Anonymous users2024-01-29

    OK. You can sue for divorce at the basic people's court in your own place of residence. You can ask the Public Security Bureau (where you took the record of the witness) to issue you a certificate that you can use as evidence to prove that your marriage is not a normal marriage in accordance with the law, and ask the court to grant a divorce and dissolve the marriage.

  11. Anonymous users2024-01-28

    You can sue for confirmation that the marriage registration is invalid.

  12. Anonymous users2024-01-27

    1. The bride price you received does not need to be returned, because you have lived together.

    2. The business income after marriage is the joint property of the husband and wife, but there must be evidence to prove the amount of income, such as bills or something.

    3. If the house comes down before the divorce, then you have your share, and you should fight for it.

    4. As long as they are registered, they are legal couples and do not need to hold a wedding.

    Beijing Marriage and Family Lawyer.

  13. Anonymous users2024-01-26

    1 With regard to the bride price, according to Article 10 of Interpretation II of the Marriage Law, it should only be returned in the following circumstances: if the marriage has not been registered; Marriage registration without living together; The payment of the bride price causes the other party to have difficulties in life.

    2 Regarding jewelry, in judicial practice, jewelry is generally regarded as a gift from the other party to you, and usually does not need to be returned.

    3 Regarding the income of the store, it is subject to the time of receiving the marriage certificate, and it is the property of one party before receiving the certificate, and it can be regarded as joint property after receiving the certificate, of course, you have your share.

  14. Anonymous users2024-01-25

    This is a bit troublesome for you, because you have not applied for a marriage certificate, which is not protected by law. Unless you have children. The law has the potential to protect women. Specifically, ask the local civil affairs department. Hope it helps.

  15. Anonymous users2024-01-24

    Hello, please see the provisions of the marriage law in our country.

    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.

    The house you bought before the marriage and registered it belongs to your friend's personal property before the marriage, and it does not become joint property due to the establishment of the marriage relationship.

  16. Anonymous users2024-01-23

    Bought before marriage and belonged to her personal property!

  17. Anonymous users2024-01-22

    Personal property is not distributed in the division of property in divorce.

  18. Anonymous users2024-01-21

    Unless it is specifically emphasized that the property before the marriage is owned by one party, the house belongs to the husband and wife for a certain period of time after the marriage.

  19. Anonymous users2024-01-20

    Pre-marital property is owned by an individual, not a joint property, but a single person's property of your friend.

  20. Anonymous users2024-01-19

    Matrimonial property is personal property and does not change its nature as a result of marriage, unless the husband and wife expressly agree that it is joint property. In the event of a divorce, only the joint property of the husband and wife will be divided, so you don't have to worry.

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