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No, but the child has an obligation to support him.
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Legal Analysis: The division of the joint property of the husband and wife is limited to the husband and wife, and has nothing to do with other family members. If there is no separation, if there is only a household registration and no single independent household, the situation is relatively simple, and the marital property and family property are basically separated.
If there is a day-to-day commingling between matrimonial property and family property, the scope of matrimonial property needs to be clarified first. According to the relevant provisions of the Marriage Law and judicial interpretations, in the absence of a marital property agreement, in principle, the property acquired by the husband and wife after marriage is the joint property of the husband and wife.
The basis of the law of filial piety: the Civil Code of the People's Republic of China
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) income from intellectual property rights;
4) Inherited or donated property, except as provided for in item 3 of Article 1063 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;
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 side.
Article 1065:A man and a woman may agree that property acquired during the existence of the marital relationship and property acquired before marriage shall be owned separately or jointly, or partly separately or partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is not clear, the provisions of articles 1062 and 1063 of this Law apply.
The agreement between the husband and wife on the property acquired during the period of delay in the existence of the marital relationship and the property before the marriage is legally binding on both parties.
If the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the counterpart, the personal property of the husband or wife shall be repaid.
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Legal analysis: Generally, the children do not participate in the division of property in the divorce of husband and wife, because the children have the inheritance right of their parents, so the children can inherit the property after death, so they have indirectly benefited from the division of property. Because the children are adults, if they have already joined the workforce, it is even more not, and at most they will be given some child support.
If you have already made a property agreement, the court will of course respect your opinion.
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 repaid or the disturbing property is owned by each party, the two parties shall agree to pay it off; If the agreement fails, the People's Law shall call for a judgment by the People's Court.
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If the parents are divorced, the children's property is not joint property, but the children's personal property. The following property acquired by the husband and wife during the existence of the 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) Production, operation, and investment in the shortfall of profits; 3) income from intellectual property rights; (4) Inherited or donated property, except as provided for in item 3 of Article 163 of this Law, and so forth.
The law is based on the law
Article 1062 of the Civil Code stipulates that the following property acquired by the husband and wife during the existence of the 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) income from intellectual property rights; 4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law; 5) Other property that shall be jointly owned.
It is possible to request a certain amount of alimony. According to the new marriage law, the divorced parties should give each other a certain amount of alimony if they are at fault, and most of the property should be awarded to the other party.
In the case of divorce by litigation, the joint property of the husband and wife shall be divided in accordance with the manner and share specified in the judgment after the divorce, and in the case of divorce by agreement, it shall be divided in accordance with the agreement in the divorce agreement. If it is undivided property, it shall first be divided by agreement between the husband and wife, and if the negotiation fails, a lawsuit may be filed with the people's court, and the people's court shall make a judgment. >>>More
Today I will share with you the problem of how to check the transfer of property in divorce. In divorce cases, according to the principle of who asserts and who bears the burden of proof, if one of the spouses claims that the other party has maliciously transferred, hidden, damaged or sold the joint property, the husband and wife shall provide the court with corresponding evidence; If the other party does not cooperate, it may apply to the court to collect relevant evidence, but relevant clues should be provided, such as the other party's ID number, bank, real estate address, etc. (1) Pay attention to the status of family property and prevent the other party from transferring funds in the name of "honoring parents" or "foreign investment"; Pay attention to equity investments held in the name of one of the spouses, insurance policies, etc. >>>More
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