Property distribution and creditor s rights and debts in the event of divorce 30

1 It shall be the joint property of the husband and wife, and if the child is awarded to the mother, the mother shall receive more.

2 If the house has been awarded to the mother, the mother is the owner of the property and the father has no right to interfere.

3. If the debt is owed during the marriage, the husband and wife shall be jointly and severally liable to repay it jointly. As for who will repay more, the two sides should negotiate internally.

1. It mainly depends on the purchase time of the house. Even if the property is named to the father, if it is a marriage, the purchases within it are joint property.

2. If the house has been assigned to the mother, change the name of the house and the mother will have full authority to dispose of the house.

3. Unfortunately, all the income and arrears in the marriage are linked, and the mother must also bear it. If the money is owed after the divorce, it has nothing to do with the mother.

The best way to do this is to get a lawyer. The personal decision is to search for all the information related to his mother before the divorce, and find evidence that his father owes money and other unfavorable evidence, otherwise the marriage will not be divorced and will cause a lot of trouble.

I wish everyone in the world a good family, and I hope everyone knows how to cherish everything.

Regarding the situation you mentioned above, first, if you want to divorce, the property is divided in half by both parties.

Second, if only one party wants to sell the house, they must get a confirmation of sale from the other party and sign it.

I don't know the third question very clearly, it stands to reason that the woman should not have to bear it.

Legal analysis: The principle of the distribution of joint property in the case of divorce is first handled by agreement between the two parties, and if the agreement is not reached, 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. The principle of the distribution of joint debts in the event of divorce is that the joint property shall first be repaid jointly, and if the joint property is insufficient to pay off or the property belongs to each other, the two parties shall agree to pay it off, and if the agreement fails, the people's court shall make a judgment.

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 office.

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 bad luck, 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 divorce property shall be distributed by both parties through negotiation, and if the negotiation fails, the court shall decide by infiltration. The joint debts of the divorced couple should be settled before the personal debts. The personal debts of one of the spouses shall be paid off by the spouse.

Joint debts should be repaid with joint property before divorce; Where the joint property is insufficient to pay off, both husband and wife shall repay it equally with all their personal property; If there is a dispute between the two parties, or if the full amount cannot be repaid, the people's court shall make a judgment on the repayment of the dispute. If one party borrows it but uses it for the husband and wife to live together, Mu Feng will belong to the joint debt of the husband and wife.

Legal basis

According to Article 1089 of the Civil Code, 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.

Legal analysis: Divorce property shall be distributed in accordance with the principle of equality between men and women, the principle of taking care of the interests of children and women, the principle of conducive to life, the principle of convenient life, and the principle of non-abuse of rights; The divorce debt shall be repaid by the joint property of both parties first, and the insufficient part shall be negotiated by both parties, and if the negotiation fails, the court shall make a judgment.

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 operation of land for poor families shall be protected in accordance with law.

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 pay off or the property is owned by each other, the two parties shall agree to pay off the vertical skin; If the agreement is not reached, the people's court shall make a judgment.

Distribution of divorce debts: The joint debts of the husband and wife should be repaid jointly. Where the joint property is insufficient to pay off or the property is owned by each other, the two parties shall settle the debts by agreement.

Distribution of divorced property: In principle, the joint property of divorced husband and wife shall be divided equally according to the principle of equality between men and women; If an agreement has been made on the property before, the agreement shall prevail; Where there is no agreement on the property, the court shall divide the property according to the actual circumstances.

The law of destruction is based on Zheng Yuan].

Article 1087 of the Civil Code.

In the event of a 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.

If one of the spouses bears more obligations due to raising children, taking care of the elderly, assisting the other party in work, etc., he or she has 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 accompanied by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment.

1. The house is a joint property, which can be divided equally between the two parties when they divorce, and the party who obtains the property shall compensate the other party with half of the value of the property in cash and other forms.

2. Regarding the debts incurred by one party without the knowledge of the other party, it depends on the nature of the debt, if it is an illegal debt such as gambling debts, it is regarded as a personal debt of one party and is not regarded as a joint debt of husband and wife; However, if the other party cannot prove that the debt is a personal debt of one of the spouses, it is usually presumed that the debt is a joint debt.

3. Party A's point of view has no legal basis, the joint property of the husband and wife is equally distributed in principle, and the joint debts are jointly borne by both parties. However, the parties may also negotiate to determine how the property is to be distributed and how the debts are to be assumed.

4. If the children are all adults, there are no issues such as child custody and guardianship when the parents divorce.

1. The real estate belongs to the joint property of the husband and wife and shall be divided in accordance with the agreement. If the agreement fails, the court may divide the property among the party who is responsible for child support.

2. During the marriage, the debts incurred by one of the spouses shall be repaid by the joint property of the husband and wife. Unless the creditor agrees with A that the repayment will be made only by A's personal property.

3. If both parties agree on the ownership of the property, a written agreement or other evidence shall be issued to prove it.

4. If the children are all adults, it will not be a factor affecting the distribution of marital property.

If you divorce by agreement, as long as both parties reach an agreement, you can divide it as you want. If an agreement cannot be reached, neither party is at fault, and the principle is to divide the property and debts equally.

1. The house of common property can be acquired by one party and pay the corresponding price of the other party, or it can be discounted and distributed to the price.

2. Party A's debts without Party B's knowledge are still shared under normal circumstances. Unless the creditor clearly knows that it is Party A's personal debt, or Party A and Party B have an agreement.

3. If Party B agrees with Party A's statement, it is okay, and if Party B does not agree, it will be negotiated separately.

4. The children are all adults, and there is no guardianship issue.

The distribution of property in the divorce and the reason for the divorce, whether the parties are at fault, the financial status of both parties, the status of the children, etc., are all related, because there is a lot of privacy involved, it is recommended that you consult a lawyer in person.

Property is inherited by sons and daughters.

Hello: 1. In principle, property and debts are divided equally;

2. Under the same conditions, the woman and the innocent party and their children. But in practice, it is usually evenly distributed;

3. With regard to child support, since the children are all adults, their opinions may be sought;

4. With regard to debts, if they are not used for the family, they may be borne by individuals. However, both parties are still responsible for repayment.

At the time of divorce, the debts originally incurred by the husband and wife living together shall be repaid jointly. If the joint property is insufficient to be repaid, or the property is owned by each other, it shall be repaid by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment.

Article 17, paragraph 1 of the Supreme People's Court's Specific Opinions on the Handling of Property Division Issues in Divorce Cases by the People's Courts stipulates that debts incurred by husband and wife for the purpose of living together or for the performance of maintenance and maintenance obligations shall be recognized as joint debts of the husband and wife, and shall be repaid with the joint property of the husband and wife at the time of divorce.