Divorce Property Questions, Frequently Asked Questions about Divorce Property Disputes

Hello! Deeply sympathetic to your situation!

It is very clear that you can strongly oppose divorce, and as long as you are firmly against divorce, the chance of a divorce by first judgment is only about 20%. However, she can sue six months after the first judgment, and the chances of a second judgment divorce are very high.

If the divorce is, of course, it involves the issue of child custody and the division of property.

First, there is the issue of child custody. Your child is only 9 months old and under 2 years old, if there is no special reason for the divorce, if you want to have a child, you can negotiate a settlement, or show relevant evidence to prove that the woman has not fulfilled her maintenance obligations. In addition, now that the custody judgment has been given to the woman, you can also file a lawsuit with the court to change the custody of the child after the child reaches the age of 2.

Secondly, the issue of property division. Your personal wages during the marriage are the joint property of the husband and wife and are to be divided equally in the event of divorce, unless there is a written agreement between the parties. As I told you, most of your salary is used for living, and her salary is saved privately, these can be found as evidence, her income and expenses are very easy to calculate, and her brother's income and expenses can also be calculated, these can be applied to the court for investigation as evidence when **.

I think this woman is really excessive and has no sense of responsibility, so you will do your best to protect your legitimate rights and interests! Not only for you, but also for the children!

When you get married, you should think about it, your salary is indeed the joint property of the husband and wife, it is not that the law is unfair, it is that the law should take into account the balance of everyone's interests, divorce is not a trivial matter, you can say that you are living in dire straits, and the other party can say the same. If you're not feeling well, why don't you leave? Is it just for the money?

You can consult a lawyer.

Actually, you should also think about your wife, think about the pain when he gives birth to a child for you, a woman giving birth to a child is equivalent to walking around the ghost gate, I also have a baby, a little younger than yours, I have suffered a lot of sins for him, my husband's family is not good to me at all, marriage and childbirth do not care at all, because they think that I have no marriage certificate to have a child, so I should be like this, how hard it is to be a woman, the sin of giving birth to a child lying on the operating table, can you bear it for him as a man? After all, women will have a little postpartum problems, maybe more willful, you divorce her is not responsible for her fattening, but also irresponsible for the child, no matter how good a woman is, it is difficult to replace the status of the mother in the child's mind. After all, blood is thicker than water, save it, let him point, maybe in life he wants to help the family, you have to think about her, it is impossible for a woman to spend her money indiscriminately, I also send money to the family, because only I can help the family, if you are financially good, give your wife some freedom, after all, the money is earned by herself, and she also thinks about herself, and it is unreliable to expect men, when I gave birth to a child, my husband did not have a penny, and his family did not give a penny, my parents were afraid that I would suffer, so I gave birth to a child in my mother's house, The child was born sick and hospitalized, my father went to pay the medical bills, my husband and his family followed, if my parents don't care, who do you say I should go to as a woman for help, in a woman's heart, only the mother's family will not dislike herself, you say that your family is close to you, or close to your wife.

Legal analysis: 1. Disputes arising from disputes over the distribution of property after divorce without dividing the marital property during the marriage relationship between the parties and the parties; 2. Disputes arising from the performance of the agreement on the division of property reached at the time of divorce by the parties after the divorce; 3. Disputes arising from the parties' reversal of the division of property within one year after the divorce; 4. Disputes arising from the discovery by one of the parties after the end of the marriage relationship that there are other properties that were not divided at the time of divorce during the existence of the marriage relationship.

Legal basis: Civil Code of the People's Republic of China

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 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 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.

Article 1090:In the event of a divorce, if one party has difficulties in living, the other party who can afford it shall give appropriate assistance. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

1. If the man's name is on the real estate certificate, the real estate certificate shall prevail.

2。At the same time, you can prove that you paid a lot at that time.

Judicial Interpretation (3) stipulates that if one party pays the down payment before marriage and the real estate is registered in the name of the individual, and the loan is repaid jointly after marriage, the real estate shall be owned by the house registrant at the time of divorce, and the remaining unpaid loan shall be a personal debt and the other party shall not have to bear it.

The property is registered in the name of the individual and belongs to the individual, but the marital property of the husband and wife belongs to the joint property of the husband and wife, you can request the division, such as the property appreciation part, the cost of decoration, the part of the mortgage you paid, the registrant of the property should be returned, if you file a lawsuit with the law, you need to provide evidence for your own litigation claim, such as the documents for the payment of the cost of real estate decoration, etc., if there is no evidence, it will not be easy to do.

Article 10 of the Judicial Interpretation III of the Marriage Law Article 10 Where one of the husband and wife signs a contract for the sale and purchase of immovable property before marriage, pays the down payment with personal property and takes out a loan from the bank, and repays the loan with the joint property of the husband and wife after marriage, and the immovable property is registered in the name of the party paying the down payment, the immovable property shall be disposed of by agreement between the two parties at the time of divorce. If no agreement can be reached in accordance with the provisions of the preceding paragraph, the people's court may make a judgment that the immovable property belongs to the party whose property rights are registered, and that the loans that have not yet been repaid are the personal debts of the party whose property rights are registered. In the case of divorce, the party registered in the property right shall compensate the other party for the joint repayment of the loan and the corresponding increase in property value between the parties after marriage.

Therefore, you should be prepared with evidence of joint repayment when you file a lawsuit, and the court will definitely order compensation against you.

If it cannot be proved that the down payment was jointly contributed by both parties, then the house is registered in the name of whoever owns it, and the part of the joint repayment of the loan and the part of its appreciation after marriage can claim compensation.

For details, please contact ** or QQ.

Beijing Marriage and Family, lawyer Liu Dalai.

Who pays the down payment, and if it is paid jointly by two people, it is not the same as the provisions of Interpretation 3 of the Marriage Law.

1.The property is the joint property of the husband and wife.

2.The court with jurisdiction over the divorce of a military member is divided into the following situations: (1) If a non-military person files a divorce lawsuit against a military member, if the military party is a non-civilian soldier, the people's court at the place where the plaintiff is domiciled shall have jurisdiction; (2) Divorce proceedings filed by non-military personnel against civilian cadres shall be subject to the jurisdiction of the court where the defendant is domiciled

3) Where both parties to the divorce proceedings return to the army and are soldiers, the people's court at the place where the defendant is domiciled or where the defendant is stationed at or above the regimental level has jurisdiction; (4) Where a military person files a divorce lawsuit against a non-soldier, the people's court at the place where the defendant is domiciled has jurisdiction. Where the defendant's domicile is inconsistent with the defendant's habitual residence, the people's court for the place of habitual residence has jurisdiction.

3.If it is a statutory fault, it will be affected.

The property is the joint property of the husband and wife; Divorce can be filed with the court where the defendant is located. Generally, it does not affect the division of property.