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He is afraid that you will ask him again in the future, and maybe he is afraid that your friends will make trouble when he remarries and lives in this house, because the house is their joint property after all. According to the law, the property after marriage belongs to both parties, although you agree to give it to him when you divorce, but no matter the day you sue in the future, the court will recognize that it is the property of both of them, and a heavy sentence is required, or you do not allow other women to move in, he can't help it, and the court will support you. That's why he has such a strategy, tell your friends not to be fooled, if you don't sign this and he doesn't agree, you can sue the court and judge the divorce according to the law, and the divorce is not as difficult as before, as long as you insist on leaving, the court will give a judgment.
I am an advanced individual in the city's legal popularization and publicity.
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Friend, seeing what you wrote, I think your friend is being fooled.
1.First of all, the property is shared by the parties after marriage. It is unfair to the woman for the husband to transfer the property to his name and to go through the divorce settlement.
2.Secondly, the agreement should not be signed lightly when it comes to money.
3.It was written in the agreement that the woman would be given 60,000 yuan, probably because the man was afraid of going to court. He's got an excuse.
4.I suggest that the woman go to court and get half of her property, including the property.
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Hello The specific situation is not very clear, so it is difficult to judge the purpose of the man. But anything is possible. For example, the man borrowed another 60,000 yuan for debt, or the man was worried that the woman would ask for a re-division on the grounds of unfairness, etc.
My personal suggestion is that since the woman has not received any money, she can enter into a separate agreement on the transaction contract"Pay the woman 60,000 yuan"The clause clearly states that the clause is only a stylized sign when the husband goes through the transfer procedures, and the woman has not actually received the amount, which can effectively avoid unnecessary disputes.
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No, the Civil Code stipulates that the property purchased during the existence of the husband and wife relationship, no matter which party is registered in the name, belongs to the joint property of Cha Chiqing and his wife, not to which person, and the divorce in the future must be divided equally between the two people.
1. How to handle the transfer of real estate after the divorce of husband and wife.
The transfer of real estate is handled in accordance with the normal purchase and sale procedures, which can be done in about a week. There are two types of divorce property transfer procedures:
1) If the divorce of a husband and wife involves the transfer of a house, both parties shall generally apply for registration together.
The following documents need to be submitted: real estate certificate; Proof of identity and photocopy; For the submission of divorce by agreement, the divorce certificate and its copy, and the divorce property ownership agreement, if one of the rights holders applies for registration, a notarized divorce property ownership agreement needs to be submitted; If the court decides a divorce, an effective court judgment and a copy thereof shall be submitted, and if the ownership of the real estate is specified in the judgment, the right holder may apply for registration.
2) In the case of divorced real estate transfer, it is necessary to go through the registration of property analysis.
Divorce and property separation of husband and wife do not need to go through many procedures, only need to go through the divorce and property separation registration in accordance with the relevant regulations of the Housing Authority. Property dissolution registration is a common type of housing registration, which is also different from inheritance registration and gift registration. The registration of property separation is mainly applicable to divorce and property separation.
As the name suggests, divorce is a registration procedure in which the spouses transfer their share of the house to each other after the divorce. In accordance with the relevant regulations, both parties are exempt from transaction taxes.
2. How to transfer the property in the judgment after the divorce.
Litigation divorce refers to a divorce method in which the husband and wife do not reach an agreement on divorce, property division or child support, and sue the court to request the court to grant a divorce. There is no divorce certificate for litigation divorce, therefore, how to transfer the property in litigation divorce, the materials required are: (1) effective court judgment and copy; (2) If the ownership of the real estate is clearly stated in the judgment, the right holder may apply for registration of the real estate certificate; (3) Proof of identity and photocopy; (4) Real estate certificate.
If you are not at ease about the property that has not been transferred, you can also take the divorce certificate to let the guarantee company redeem the building, and then go through the transfer procedures after obtaining the real estate certificate.
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Summary. Hello dear, it is a pleasure to answer your <>
The amount of money to be spent on the transfer of real estate in the divorce of the husband and wife is to go to the notary office to handle the notarization of property analysis, the cost is about 500 to 800 yuan, if there is a divorce judgment, this step can be exempted, that is, there is no need to go through notarization, deed tax. According to the rate of two percent. Go through the registration procedures for property analysis and pay the registration fee, production cost, and certificate collection.
Pay stamp duty on licenses. If the divorce deed says that the property is owned by one party! If the other party does not cooperate, you can go to the court to sue and ask the other party to fulfill the divorce agreement.
If the other party still does not perform after the court judgment, you can apply to the court for enforcement, and the court will serve a notice of assistance in enforcement to the housing management department, even if the other party does not cooperate, you can directly handle the transfer. <>
How much does it cost to transfer the property of a divorced husband and wife in <>! If the divorce deed says that the property is owned by one party! If the other party does not cooperate, how to transfer the account.
Hello dear, it is a pleasure to answer your <>
The amount of money to be spent on the transfer of real estate in the divorce of the husband and wife is to go to the notary office for the notarization of the property, the cost is about 500 to 800 yuan, if there is a divorce judgment, the finger quarrel step can be exempted, that is, there is no need to go through the notarization, deed tax. According to the rate of two percent. Go through the registration procedures for property analysis and pay the registration fee, production cost, and certificate collection.
Stamp duty on the land of the license. If the divorce deed says that the property is owned by one party! If the other party does not cooperate, you can go to the court to sue and ask the other party to fulfill the divorce agreement.
If the other party still does not perform after the court judgment, you can apply to the court for enforcement, and the court will serve a notice of assistance in enforcement to the housing management department, even if the other party does not cooperate, you can directly handle the transfer. <>
<> according to Article 28 of the Property Law, if the legal documents of the civil court or the arbitration commission or the expropriation decision of the people's ** are changed due to personal losses, resulting in the establishment, alteration, transfer or extinction of the real right, it shall take effect when the legal document or the expropriation decision of the people's ** takes effect. The parties may file a lawsuit with the court with the agreement on the attribution of divorce property agreed by both parties, requesting the court to confirm the right to the marital property, which will be supported by the court's judgment.
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The Civil Jianyuan Code stipulates that one of the spouses is not allowed to transfer the property to another person, if the property is joint property. According to the relevant legal provisions, both husband and wife have equal rights to dispose of property. The other spouse can recover the property.
Article 1087 of the Civil Code In the event of divorce, the joint property of the husband and wife shall be disposed of by agreement between the 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. 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) 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 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.
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If it is necessary to transfer the property, after the divorce, both parties need to go to the housing management department to which the house belongs with their respective ID cards, household registration booklets, divorce certificates, divorce agreements, and housing real estate certificates, and handle the divorce and property transfer of the housing in accordance with the divorce agreement, and reapply for the real estate certificate in the name of one party. After completion, the dwelling becomes the personal owner of the registrant.
The simplified Civil Code came into effect in 2021
Article 209.
The creation, alteration, transfer and extinction of immovable property rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law. The ownership of natural resources that belong to the State in accordance with the law may not be registered.
Article 210 of the Civil Code.
The registration of immovable property shall be handled by the registration authority where the immovable property is located. The State implements a unified registration system for immovable property. The scope of unified registration, registration bodies, and registration methods shall be prescribed by laws and administrative regulations.
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According to the provisions of the relevant laws of our country, if the real estate is registered in the name of one party, whether the man and woman should transfer the ownership after the divorce depends on the specific circumstances, and if the house is owned by the other party, the transfer registration should be handled. In the event of any of the following circumstances, the parties shall apply for registration of the transfer of ownership of the house after the relevant legal documents have become effective or the facts have occurred: (1) sale; (2) Swaps; (3) Gifts; (4) Inheritance or bequest; (5) The division or merger of houses leads to the transfer of ownership; (6) Investing in shares with housing capital; (7) The division or merger of legal persons or other organizations leads to the transfer of ownership of houses; (8) Other circumstances provided for by laws and regulations.
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Legal analysis: 1. During the existence of the marriage, if the property under the name of the husband and wife during the existence of the marriage needs to be transferred to the other party, both parties need to bring the identity certificate, housing ownership certificate, household registration book, marriage certificate, transfer confirmation approval form and other materials to the housing management department for processing, the transfer belongs to the change of common property, as long as the cost of work, no tax is required; 2. If the real estate under the name of the husband and wife needs to be transferred after the divorce, both parties need to bring their identity certificates, housing ownership certificates, household registration books, divorce certificates, divorce agreements, transfer confirmation approval forms and other materials to the housing management department. It is just a reminder that the property being transferred must not have a loan and not be under mortgage.
Legal basis: "Detailed Rules for the Implementation of the Interim Regulations on the Registration of Immovable Property" Article 46 Where an applicant applies for the right to use collective construction land and the registration, transfer, transfer or cancellation of the registration of the change of ownership of buildings and structures, the applicant shall, according to different circumstances, submit the following materials: (1) Certificate of ownership of immovable property; (2) Materials for the change, transfer or extinction of the right to use land for collective construction and the ownership of buildings and structures; (3) Other necessary materials.
If the right to use the land and the ownership of buildings and structures are transferred due to enterprise merger, bankruptcy or other reasons, the applicant shall apply for registration of the transfer of immovable property with relevant agreements and approval documents of relevant departments.
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