If I want a divorce and my husband doesn t give me a little property, what should I do?

Updated on society 2024-05-09
12 answers
  1. Anonymous users2024-02-10

    I hope mine can help you, if satisfied. Thank you.

    1.You can apply to the Women's Federation for help, but because the Women's Federation is a mass organization and has no coercive power, it is generally very inefficient.

    2.You can also file a lawsuit with the court, apply for a court judgment, and then apply to the court for enforcement based on the judgment.

  2. Anonymous users2024-02-09

    The couple is divorced. Wealth depends on the length of time you have, and it depends on the variety of money you earn.

    The money is absolutely going to be given to you. If not, go to court. If you don't give, you have to give.

    It's better to go to court and let the court settle it.

  3. Anonymous users2024-02-08

    Find a lawyer who will give you professional advice.

    In addition, if you have been married for more than 5 years, you will have joint property.

  4. Anonymous users2024-02-07

    Ask a lawyer**,,It's very easy.。。 It's easy to do.

  5. Anonymous users2024-02-06

    Go to court, that's the only way to work.

  6. Anonymous users2024-02-05

    There should be a women's federation in every town, you can go to the town ** for consultation, if the women's federation still can't solve the problem, you can go to the court to appeal.

    This is the joint property of your husband and wife, and it should be divided equally between husband and wife after divorce, which is stipulated by law, not that he can not give it. If there are children, there is also alimony. You can consult the court about these.

    If there is no court in the town, go to the city. Women must use the law to protect themselves.

  7. Anonymous users2024-02-04

    You can go to a law firm to consult about laws and policies!

  8. Anonymous users2024-02-03

    It is possible to sue in court. Enforce by the court. You can't run away even if you should be running. There is now a law to protect women.

  9. Anonymous users2024-02-02

    This kind of man is too stingy! Or go to the court!

  10. Anonymous users2024-02-01

    Legal analysis: You can go to the court to sue for divorce through litigation. If the negotiation fails, or neither party is willing to negotiate and insist on the divorce, the party may sue the court of the place of residence with the complaint, marriage certificate, ID card, household registration of minor children or birth medical certificate, and other evidence such as real estate certificate and vehicle registration certificate that can prove that it is the joint property of the husband and wife, and ask the court to grant a divorce.

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

    Article 1076 Where a 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 has no side effect, 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) The situation in which he is trapped and shouts at him leads to the breakdown of the relationship between the 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.

  11. Anonymous users2024-01-31

    The divorced man does not give property to be treated in this way

    1.If it is a divorce by agreement, the parties can file a lawsuit with the court to enforce the property;

    2.In the case of divorce by litigation, if the court has already made an effective judgment, it may apply to the court for compulsory enforcement, and the court will impose compulsory measures to enforce the property.

    1. What should I do if the man's family does not give the woman living expenses?

    If the divorce is filed and the court has ordered the husband to pay living expenses, the husband does not pay, and he can apply to the court for compulsory enforcement; In the case of divorce by mutual agreement or litigation, but no judgment has been made on living expenses, a lawsuit may be filed with the court to demand that the husband pay maintenance expenses.

    Divorced child support is related to the normal life and healthy growth of the child, so whether it is a divorce by agreement or a divorce by court judgment, appropriate arrangements should be made for the living expenses of the divorced child in accordance with the relevant provisions of the law. If one of the spouses does not fulfill his or her obligation to support the divorced children, the other party can take the necessary measures to obtain the living expenses of the divorced children, in this case, with the help of a professional marriage and family lawyer, the parent raising the children can obtain a satisfactory result for the living expenses of the divorced children.

    2. What should I do if the husband does not enforce child support?

    If the husband refuses to enforce or refrain from paying child support, the court may ask the man's employer to assist in forcibly transferring child support from the unit's salary account every month to fulfill the obligation to pay. Or the court will inquire about the real estate in the debtor's name in accordance with the law, and if it has the ability to refuse to pay, it will take compulsory measures such as seizure of the property of the person subject to enforcement, and use the property to offset the child's support.

    3. What should be done if one party refuses to pay alimony after divorce.

    If one party refuses to pay alimony after the divorce, if it is a divorce by litigation and the court has already ordered the husband to pay alimony, the husband does not pay, and he may apply to the court for compulsory enforcement; In the case of divorce by mutual agreement or litigation, but no judgment has been made on alimony, a lawsuit may be filed with the court to demand that the husband pay alimony.

    Article 236 of the Civil Procedure Law provides that the parties must perform on legally effective civil judgments and rulings.

    If one party refuses to perform, the other party may apply to the people's court for enforcement, or the adjudicator may transfer the case to the enforcement office.

    The parties must perform the mediation document and other legal documents that shall be enforced by the people's courts.

    If one party refuses to perform, the other party may apply to the people's court for enforcement.

  12. Anonymous users2024-01-30

    Divorce by litigation. In the case of unresolved divorce, the procedure is followed.

    Divorce by litigation is divided into three stages: prosecution, trial, and judgment.

    1) Prosecution. Litigation in divorce cases refers to a request by one party to the marriage relationship to the people's court to dissolve the marriage relationship with the other party in accordance with law. One of the parties to the lawsuit is the plaintiff, and the party being sued is the defendant, and after the litigation begins, the parties enjoy the litigation rights and bear the litigation obligations in accordance with the law.

    According to the provisions of China's Civil Procedure Law, the prosecution of a civil case must meet four conditions.

    Divorce cases are also cases of civil filial piety and leniency, so the prosecution must also meet the conditions of the Civil Procedure Law and have its own characteristics

    The plaintiff must be an individual with a direct interest in the case;

    There is a clear defendant;

    There are specific claims, facts, and reasons;

    It is within the jurisdiction of the people's court that is the subject of the lawsuit. According to the provisions of the Civil Procedure Law of the People's Republic of China, divorce proceedings are subject to the territorial jurisdiction of General Qiaofeng. That is, the party who requests a divorce must file a lawsuit with the people's court at the place where the defendant's household registration is located, and if the defendant's place of household registration is inconsistent with the place of habitual residence, the defendant must file a lawsuit with the people's court at the place of habitual residence.

    Only divorce cases that meet the above four conditions can be accepted by the people's courts. When filing a divorce case, the plaintiff shall submit the complaint and a copy to the people's court. The pleadings include the following aspects:

    The name, gender, age, place of origin, place of work and current address of the plaintiff and defendant;

    the claim and the facts and grounds on which it is based;

    Evidence and evidence**, names and addresses of witnesses. The people's court decided to accept the case, and the divorce procedure began.

    2) Trial. "Trial" refers to the sum total of all investigative work done by the people's court after receiving the indictment, starting the litigation procedure, and before making a judgment. In accordance with the provisions of China's Civil Procedure Law, the trial is divided into three stages: pre-trial preparation, mediation, and trial

    Preparation before the trial.

    Conciliation. **Trial.

    3) Judgment. On the basis of the circumstances of the trial, mediation shall be conducted again, and after mediation fails, the judgment shall be announced. The people's courts' announcement of judgments is to be conducted in public. Where the judgment is announced at court, the judgment shall be served within 10 days; Where the judgment is announced periodically, the judgment is to be issued immediately after the judgment is announced.

    The first instance proceedings in the divorce case have been concluded. If the parties are not satisfied with the judgment, they may appeal to the court at the next higher level and proceed to the second-instance litigation procedure.

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