Preparing for divorce, can I move things now

First of all, the dowry is a gift from your parents to your marriage. If there is no special agreement, it shall be regarded as a gift to both husband and wife. Therefore, it cannot be counted as your pre-marital property.

If you don't have a divorce agreement on how the property will be divided right now, it's not in your favor. Because you still have to divide the property when you get divorced, if he insists that you move not 5, but 10 of such and such things, and you can't prove it, it's not good.

The return of the bride price of 20,000 yuan is specially stipulated in the second judicial interpretation of the Marriage Law. Under normal circumstances, it will not be returned, but the court shall support it in the following circumstances:

1) The parties have not completed the marriage registration;

2) Those who have gone through marriage registration formalities but are not living together, and are now divorced;

3) The payment was made before marriage and caused the payor to have difficulties in life, and now he is divorced.

Depending on your situation, the third item should be applied. However, it should be noted that:

Is the other party having a hard time? If life is not difficult, it will not be returned;

Is it difficult for the other party to live because of the 20,000 yuan bride price given to your family? If you have difficulty living for other reasons, you will not return it;

Even if the other party is having difficulty living because of the bride price, you are not divorced at present, and you will not return it.

This is not going to work, because everything has to be sorted out after a divorce.

Since you want to take you, he naturally wants to get him back.

Poor people, you divorced people don't think about how your children will feel in the future.

I hope you are kind to your children.

Legal analysis: 1. Whether to move things first or to divorce first is determined by the parties according to their own specific circumstances, and the law does not stipulate the order of moving things and going through divorce, but only stipulates the property relationship between husband and wife. 2. If there is no agreement between the husband and wife on the property acquired during the marriage relationship and the property before the marriage, the personal property of one of the spouses includes:

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 party. The joint property of husband and wife includes: (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.

3. In the event of divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties; If the agreement is not reached, the people's court shall 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 party who is not at fault.

Legal basis: Article 1062 of the Civil Code of the People's Republic of China The following property acquired by a husband and wife during the existence of a marital relationship is the joint property of the husband and wife and is 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 is the personal property of one of the husband and wife: (1) the premarital property of one party; (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 party.

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 marriage 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. 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 fails, the people's court shall 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 party who is not at fault.

The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

After the court accepts the complaint submitted by the parties, after review, the case will be filed immediately if the conditions for filing the case are met, and at the same time, the notice of case acceptance, notice of payment of litigation fees, notice of presentation of evidence, notice of civil litigation risk and the litigation rights and obligations of the parties will be served on the parties.

Legal basis: Article 1079 of the Civil Code of the People's Republic of China: Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly file a divorce lawsuit with the people's court. People's courts hearing divorce cases shall conduct mediation; If the disturbance has indeed broken down and mediation fails, the divorce shall be granted.

If there is any of the following circumstances and 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 gambling, drug abuse, or other vices that have been repeatedly taught; (4) They have been 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.

If you plan to get a divorce, you don't need to move out first. If the divorce is agreed upon, it is sufficient to go through the divorce formalities at the Civil Affairs Bureau, and if the divorce negotiation fails, a lawsuit may be filed for divorce, and evidence can be provided to prove that the relationship between the husband and wife has indeed broken down. The joint property of husband and wife, including debts, is generally shared equally, and if one party is at fault, he or she may request payment of divorce damages, and child custody is generally awarded to the party who is conducive to his or her growth, and the divorce by agreement shall be handled directly by the Civil Affairs Bureau; Go straight to sue for divorce.

In the event of a divorce, if one party is in financial difficulty, the other party who can afford it should provide appropriate assistance. The specific measures shall be agreed upon by both parties; If no agreement is reached, the joint debts of the husband and wife shall be repaid jointly at the time of divorce. Where the joint property is insufficient to be repaid or the property is owned separately, the two parties shall settle it by agreement.

Civil Code of the People's Republic of China

Article 1091.

In any of the following circumstances, the innocent party has the right to claim damages if the divorce is caused:

a) bigamy; 2) cohabitation with another person;

3) Committing domestic violence;

4) Abuse or abandonment of family members;

5) There are other major faults.

Summary. Hello, it's all right, there is no rule on whether to move things first or get a divorce first. It's up to you.

There are two types of divorce procedures, one is the procedure for divorce by agreement and the other is the procedure for divorce by litigation. The procedures for divorce by mutual agreement refer to the process in which the husband and wife reach an agreement to dissolve the marriage relationship, sign a written divorce agreement, and go to the marriage registration authority for divorce registration, which mainly includes five processes: application, acceptance, cooling-off period, review, registration (issuance), and so on. The procedures for divorce by litigation refer to the process of filing a divorce lawsuit with the people's court if the husband and wife fail to divorce by agreement, mainly including determining the competent court, submitting the complaint, filing and accepting, ** trial, legal judgment, and application for enforcement, but not every case must go through all the processes.

Hello, it's all right, there is no rule on whether to move things first or get a divorce first. It's up to you. There are two types of divorce procedures, one is the procedure for divorce by agreement, and the other is the procedure for divorce by litigation.

The procedures for divorce by agreement refer to the process in which the husband and wife reach an agreement to dissolve the marriage relationship, sign a written divorce agreement, and go to the marriage registration authority for divorce registration. The procedures for divorce by litigation refer to the process of filing a divorce lawsuit with the people's court if the husband and wife fail to divorce by agreement, mainly including determining the competent court, submitting the complaint, filing and accepting, ** trial, legal judgment, and application for enforcement, but not every case must go through all the processes.

Divorce by mutual agreement or litigation.