Division of property in divorce Specific solutions

It's complicated to talk about, and I can't understand it.

The pre-marital property is jointly divided equally if there is evidence, and whoever does not prove it is whose name is theirs.

After marriage, the property is divided equally between the two people, and the debts are also divided equally.

Your question 1You are not obligated to financially support his sister and nephew (both adult and able-bodied and your husband is not a guardian).

2.Your joint property is, of course, subject to your permission. It's not illegal to do it without your permission, after all, he didn't use the money to gamble or do anything illegal. (You can keep your money in check and find out why you need it too.)

3.In the event of a divorce (unless both of you agree to the divorce, the court will not support the divorce if one of you disagrees) Your existing property and debts (which others owe you are also counted) are half of each person (after marriage).

The joint property of the husband and wife is generally one person.

Legal analysis: In the event of divorce, if the joint property of the husband and wife is disposed of by agreement between the two parties, the people's court shall make a judgment according to 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: 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.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

The ways to divide property in divorce are as follows: 1. Divide by agreement; 2. Judgment division. In general, divorce property is divided equally between the man and the woman.

If the parties have a property agreement before marriage, it can be handled in accordance with the agreement. If the agreement between the two parties fails, the court shall make a judgment according to the specific circumstances and in accordance with the principles of taking care of the rights and interests of the child, 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 agreement between the two 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 the husband or wife in the contracting and operation of land in the event of a violent defeat in the family shall be protected in accordance with law.

1. The man's 100,000 yuan belongs to the man's property and can be disposed of at will.

2. The man's bungalow is the man's pre-marital property, and the demolition money obtained still belongs to the man, if the above two properties still exist at the time of the man's death, if there is no will, it can be handled according to the legal inheritance, that is, it will be inherited by your mother and his children, if they remarry, you are a minor at the time, then, you can also inherit your stepfather's property.

3. The woman's house is more complicated, it should be the first to obtain part of the property rights, and after remarriage and then obtain the remaining part of the property rights (I don't know if my judgment is correct), if this is the case, I think the property should belong to the woman, and the money paid after marriage belongs to the joint property of the husband and wife, and the compensation to the man should be properly considered according to the appreciation of the house. However, since the full property right of the house was acquired after marriage, it may also be recognized as the joint property of the husband and wife, but I personally think that this determination is not appropriate, but the situation of the civil case is complicated, and it is impossible to fully judge the judge's opinion, so it is recommended to consult the local court and treat it carefully.

1. The man's 100,000 yuan is the man's premarital property, and the woman has no right to recourse no matter who takes it away. The 6 semi-bungalows are also pre-marital property, so the demolition money has nothing to do with the woman, and it is a condition when it is negotiated, which has no legal effect and no gift transfer, which can be ignored.

2. Most of the woman's house reform is joint property, and if you want to transfer the house to your daughter, you must also agree to the man. (To investigate whether the property rights were transferred to the woman's name before or after the marriage, this determines the ownership of the property rights) If it is not joint property, it can be transferred, and the single procedure is more complicated.

3. First of all, according to the above division of property, both parties can make a will to dispose of their own personal property and their own part of the common property. If there is no will, the man's property is divided equally between his current wife, the marital children (the woman's daughter), and all biological children (whether they are minors or not). The same is true of the woman's property.

RLU Regardless of whose name it is, as long as proof can be provided, the joint property of the husband and wife is always one and a half.

The matter is more complicated, and it is advisable to consult a lawyer in person. You can click on my name to get in touch.

You can bring your documents and consult with a lawyer in person.

Zongheng Legal Network-Beijing Dongyuan (Xiamen) Law Firm-Yu Ping.

1. On the conditions for divorce.

According to the provisions of the Marriage Law, if the relationship between the husband and wife has indeed broken down, a divorce may be granted.

2. About child support and child support.

For the issue of child support, it is necessary to carefully confirm the circumstances of both parties from the perspective of being conducive to the child's growth, but the child during the breastfeeding period is generally awarded to the woman for support, if it is not a lactation period, it is necessary to see that party is more suitable for the child's growth and solicit the child's own opinion. The parent who does not support the child should pay monthly maintenance until the child reaches the age of 18, and the standard of maintenance is generally between 20 and 30% of the annual income. If one party is not suitable to raise the child during the future maintenance period, the other party can go to court to file a new lawsuit to change the custody of the child.

3. On the division of common property.

The property acquired by one party during the marriage is the joint property of the husband and wife, and the joint property and debts of the husband and wife are jointly owned and borne by the husband and wife, and are generally half of the same person. If one party is at fault, the division of property can be divided with less or no share, and the specific share will be determined by the court. In general, after marriage, the prenuptial bride price is treated as joint property and cannot be refunded, and if there is no marriage, the other party can be asked to return the bride price.

4. About the divorce procedure, required documents and fees.

In the case of divorce by agreement, after negotiation between the two parties, they should go through the divorce formalities at the original marriage registration authority with the divorce agreement, marriage certificate and ID card of both parties and receive the divorce certificate; If one party does not agree or repents of non-performance after signing the divorce agreement, then the divorce shall be filed in the court where the defendant is domiciled, or in the court where the defendant has resided for more than one year, or if the defendant's whereabouts are unknown or imprisonment for more than one year, the divorce may be filed in the court where the plaintiff is located. The first instance is generally 6 months, and the second instance is 3 months. If the court does not leave the first judgment, it can file a new lawsuit after half a year, and the court of the second prosecution should generally rule away.

If the litigation fee for litigation divorce does not involve the division of property, it is generally 50 yuan, and if there is a division of property, the fee shall be paid according to the proportion of the property, which can be referred to the "Litigation Fee Measures".

Ten years of repairing can be crossed by the same boat, and a hundred years of repair can be repaired to sleep together.

Marriage is a major event, and you need to be cautious about divorce!!

The divorce you are talking about should be a legal marriage with a marriage certificate, and the property can be divided in the following ways:

1. The two parties agree to divide the property, and the two parties can divide the property by agreement if the two parties are willing to negotiate.

2. The court ruled that the two parties could not negotiate and could divide it through litigation.

3. The division is mainly to clarify which are the joint property of the husband and wife and which are the personal property. (Under normal circumstances, the legal income during the existence of the husband and wife relationship is the joint property of the husband and wife, such as: real estate, salary income, investment income.) Other income (except for some with strong personal attributes).

4. The way of division is generally equal distribution, of course, the party at fault in the divorce should be divided less or no (such as violence, abuse, extramarital affairs, etc.).

1. The house is the joint property of the husband and wife, and if the house has not been settled, the court will not decide to divide it.

2. The daughter has reached the age of 18 and does not need to be raised by her parents, unless she is still in high school.

3. All evidence that can prove the fact that the man cohabits with others outside of marriage is acceptable, including **, police records, etc.

4. Fair or unfair, this is something that I think is personal.

5. If the agreement is not reached, you can only go to the court to make a judgment according to law. With regard to the division of property, the law provides for the care of the children and the woman's decision.

In the case of divorce, if the parties fail to reach an agreement on the joint property acquired after marriage, the court will make a judgment on the actual situation of the property in accordance with the principle of taking care of the children and the woman.

Under normal circumstances, it is half of one person, which mainly depends on how the two people agree, and whether the other party's property is pre-marital property or post-marital property

Divorce can only divide the joint property of the husband and wife, not the pre-marital property. The husband buys the house in full before marriage, and when the divorce occurs, the property belongs to the man; The husband takes out a loan to buy a house before marriage, and the part of the joint loan repayment is divided according to the joint property of the husband and wife.

Marriage Law: Legal provisions on the division of property in divorce.

The Marriage Act stipulates that the following property acquired by the husband and wife during the marriage relationship shall be jointly owned by the husband and wife:

1) Wages and bonuses;

2) the income of production and operation;

3) the income from intellectual property rights;

4) Property acquired by inheritance or gift;

5) Other property that shall be jointly owned by the husband and wife;

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 due to 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 one party;

5) Other property that should belong to one party.

Husband and wife may agree that property acquired during the marriage and property acquired before marriage shall be separately or jointly owned or partly separately and partly jointly owned. Because such an agreement is oral, uncertain, and prone to disputes, the law stipulates that the agreement must be in writing.

There are two types of property division in divorce: division by agreement and division by judgment. First, the Marriage Law stipulates that the agreement between husband and wife on property acquired during the marriage relationship and property before marriage shall be binding on both parties. That is, if the parties have an agreement on lawful marital property, the agreement shall be followed.

Second, the unique property of one party belongs to the party. Such as one party's pre-marital property; Medical expenses, living allowances for the disabled, and other expenses received by one party due to bodily injury; Property that is determined in a will or gift contract to belong to only one of the husband or wife; Daily necessities for one party. Third, the property jointly owned by husband and wife shall generally be divided equally, and may not be equal when necessary, and if there is a dispute, the people's court shall make a judgment in accordance with law.

For example, husband and wife on salary, bonuses; income from production and operation; proceeds from intellectual property rights; Property acquired by inheritance or gift has equal rights to dispose of it.

In accordance with the provisions of the Marriage Law and the Several Specific Opinions of the Supreme People's Court on the Handling of Property Division Issues in Divorce Cases by the People's Courts (hereinafter referred to as the "Property Division Opinions"), combined with judicial practice, the people's courts shall follow the following principles when hearing divorce cases and dividing the joint property of husband and wife:

1. The principle of equality between men and women. The principle of equality between men and women is not only reflected in the various legal norms of the Marriage Law, but also serves as a guide for the people's courts in handling marriage and family cases. This principle is embodied in the division of property in divorce, that is, the husband and wife have the right to divide the joint property equally and bear the obligation of joint debts equally;

2. The principle of taking care of the interests of children and the woman. The "care" here can not only give the woman an appropriate share of the property, but also allocate a certain property that is particularly needed for life, such as housing, to the woman in terms of the type of property. After all, in terms of customary forces, obstacles caused by the influence of traditional factors, and women's housework burdens and physiological characteristics, after divorce, women are generally weaker than men in finding jobs and earning a living, and they need more help from society.

At the same time, when dividing the joint property of husband and wife, special attention should be paid to protecting the lawful property rights and interests of minors. The lawful property of minors cannot be included in the joint property of the husband and wife for division;

3. The principle of conducive to life and convenient life. The division of joint property in divorce should not be carried out without compromising the utility, performance and economic value of the property. When dividing the means of production in the common property, they should be distributed to the party who needs the means of production and can better play the role of the means of production; When dividing the means of subsistence in the common property, it is necessary to satisfy the professional or professional needs of the individual as much as possible, so as to give full play to the use value of the property.

The indivisible property shall be owned by one party according to the principle of actual needs and beneficial utility, and the dividing party shall compensate the other party according to the actual value at the time of divorce in accordance with the principle of equity;

4. The principle of non-abuse of rights. When dividing the joint property of the husband and wife in a divorce, the property belonging to the state, the collective, or others must not be divided as the joint property of the husband and wife, and the lawful interests of others must not be harmed in the name of dividing the joint property of the husband and wife;

5. Where property owned by one of the spouses is consumed, damaged, or lost during common life, the other spouse shall not compensate for it. This is a summary of judicial practice experience, which meets the requirements of the relationship between husband and wife and the essence of marital life, and is conducive to avoiding unnecessary disputes.