Divorce property distribution please ask a friend who knows the law to come in, I would appreciate

The main thing is how much your joint property is! In short, the woman can divide half of the joint property.

My opinion on the so-called joint property is: as long as any income during the existence of your marital relationship, including cash and real estate, of course, furniture is also joint property. Except for property that is determined in a will or gift contract to belong to only one of the husband or wife.

In addition, the ** of the furniture is not based on the purchase price at that time. **It is negotiated between the two parties first, and the achievement is not based on the evaluation.

Hello, according to the marriage law, marital property, including all post-marital savings and purchases, is divided equally between both parties.

Pre-marital property is owned by each individual.

The dowry money is a gift, it's yours.

Refrigerators, deposits are divided equally.

If the wedding dress is bought before marriage, whoever buys it will be theirs.

In addition, if you can part, you can leave without leaving, you can cross the same boat for a hundred years, sleep with the same pillow for a thousand years, sleep together is fate, you should cherish it, the other party has not made a mistake, and then look everywhere, sometimes the feelings are dealt with.

According to the judicial interpretation of the Marriage Law, the financial gift may be refunded under any of the following circumstances: 1. The parties have not gone through the marriage registration formalities 2. The parties have gone through the registration formalities but have not lived together 3. The payment is made before marriage and causes the payor to live in difficulty.

If you don't have the above three situations, you can not return the dowry.

Legal analysis: According to 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.

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

Article 1087.

In the event of a divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; 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.

The rights and interests enjoyed by the husband or wife in the contracting and operation of family land shall be protected in accordance with law.

The house downstairs is joint property and should be divided in the event of divorce, usually half of one person.

The 50,000 yuan paid by the man's mother, if there was an agreement at the beginning, the agreement will follow. If there is no agreement, in judicial practice, it is regarded as a loan and should be returned, and one person generally bears half of it.

The car, because it is registered in someone else's name, its ownership belongs to the person who registered, if your friend can cite the money contributed by his husband, you can buy back the car as the owner of the fund. The purchase price of the car is joint property and should be divided. Usually one and a half.

If the mortgage has not been paid off, the mortgage must be paid off and the bank will be released before it can be divided. However, there are also individual banks that allow a change of owner before the loan is repaid. Specifically, you can consult the lending bank.

In civil cases, whoever asserts it is responsible for the proof. According to your description, it is a bit difficult to prove your friend's matter. It is advisable to appoint a lawyer**.

The woman's clothing and items that can only be used by the woman belong to the woman. But jewellery is joint property.

Whoever is registered in the vehicle is the owner. If your friend can prove that he used the funds of his joint property of the husband and wife, he can buy back the car as the owner of the funds and divide it.

If the marital property is jointly owned, and one of the parents contributes the money, it can be deemed to be a gift (if it is not clearly stated that it is for one of the husband and wife, it is deemed to be jointly owned), and it does not need to be repaid.

The car is owned by a third party and is a gift from you to a third person, but you should not repay the loan.

If it is purchased with personal property after marriage, it can be your own for personal use, but you must be able to prove that you are using your personal property and not joint property.

The house is a joint property and needs to be divided equally.

If there is no written evidence, it depends on the degree of recognition of the parties. The car is not easy to do. On the note, you don't have a share. houses, half each.

1.For children over the age of 10, ask for your child's opinion. Two children, one for each is more likely.

2.The house is the joint property of the husband and wife and is divided equally in the event of divorce. "When the parties are unable to reach an agreement on the value and ownership of the house in the joint property of the husband and wife, the people's court shall handle it separately according to the following circumstances:

1) If both parties claim the ownership of the house and agree to obtain it through bidding, it shall be permitted; (2) If one party claims the ownership of the house, the appraisal agency shall evaluate the house according to the market, and the party that obtains the ownership of the house shall give the other party corresponding compensation; (3) If neither party claims the ownership of the house, the house shall be auctioned according to the application of the parties, and the proceeds shall be divided. (Article 20 of the Interpretation (II) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China).

3.The car is the joint property of the husband and wife, and the divorce is divided equally.

4.If the loan is for the renovation business, and the renovation business is used for family life, it is a joint debt of the husband and wife. In the event of divorce, both parties shall share the burden and bear the responsibility for compensation for practical matters.

5.If it is proved that the boy is an illegitimate child, the woman, as the innocent party, may share more of the property. It is specifically mediated or decided by the court.

Friends in Beijing who have legal problems can call my mobile phone for free consultation, and the mobile phone number points to my username.

The property of the individual before the marriage belongs to the individual, and after the marriage, it is jointly owned, and the property is inherited to the designated person, otherwise it is jointly owned.

If you divorce, if there is no agreement, the property will be divided according to the joint property of the husband and wife, and the children are only a matter of who will raise them.

The property is divided equally, and the parent raising the child can divide the property more. If it is proved that the child is not the woman's biological child, then the woman can claim maintenance and moral damages from the man for more than 10 years.

Hope my answer can help you! If you still need any help, you can add me directly as a friend!!

1. "May I ask, does the woman know if she can divide his property and the house?" ”：

1) About the house: From what you said, the house should have been there before they got married, then the house should be the man's personal property before marriage, and if the divorce occurs, the woman has no right to claim the property rights of the house.

If the house was purchased with a loan and part of the loan was repaid after marriage, the woman can request the division of half of the part of the loan that the husband has after the marriage at the time of divorce, but if the loan repaid after the marriage is repaid with the man's pre-marital property, she has no right to claim a share.

2) Regarding the man's other property: The only thing the woman can claim is the part of the property acquired by the man after their marriage, and the woman has no right to claim the division of the man's personal property before marriage and the part that is clearly his personal property after marriage.

Moreover, if there is a written agreement after marriage that the property will be owned by each other, the woman will not even be able to share the man's marital property.

2. "How many years do I have to live before it can be counted as joint property of husband and wife?" ”：

1) Now: How many years of living is not considered marital property.

2) If it was before the revision of the Marriage Law, there was a provision that one party's pre-marital personal property was regarded as the joint property of the husband and wife after X years of living together, but now this provision has been abolished.

3. Suggestion: Money is small, happiness is big, if you already feel that you can't go together, it is recommended to leave early, as for property, you can get the part that should be shared according to the current law.

In addition, if it is a divorce by agreement, you can appropriately ask the man for some compensation, as long as he agrees, but if it is to go to court, there is no compensation.

Hello, I am studying law, and from the time of registration of marriage, it can be counted as joint property of husband and wife. Your friend can, of course, divide their joint property. Article 17 of China's Marriage Law stipulates:

The following property acquired by the husband and wife during the existence of the marital relationship shall be jointly owned by the husband and wife: (1) wages and bonuses; (2) Income from production and operation; (3) the proceeds of intellectual property rights; (4) property acquired by inheritance or donation, except as provided for in Paragraph 3 of Article 18 of this Law (i.e., property that is specified to be donated only to one party); 5) Other property that shall be jointly owned.

Husbands and wives have equal rights to dispose of jointly owned property.

That's what your friends can get.

However, according to your explanation, the house was owned by the man before the marriage. Therefore, it belongs to the man's personal property, and the woman has no right to divide it.

The house is the man's private property and the joint property is your property after marriage.

If the answer is helpful to you, hope to adopt it.

If you divorce the house purchased by the husband and wife after marriage, and the house is still under construction, you can negotiate to give you the house on the issue of property ownership, but you should pay your husband a certain amount of compensation. In addition, the debts arising from the purchase of a house should be borne by both parties through negotiation, and if the negotiation fails, the court shall adjudicate according to the specific circumstances.

On the issue of child custody:

Whichever spouse files for divorce first will not be detrimental to her or his fight for custody of the child. As for child custody, legal factors include the financial ability of both spouses and their ability to raise and educate children. You said that the child was raised by his grandparents since he was a child, and your husband's income is stable and he is a teacher, so I think your husband has a better chance of winning.

1. The result of the divorce judgment has nothing to do with who filed the divorce lawsuit;

2. If both parties have to raise the child, it is more likely that the child will be awarded to the man for support, for two reasons: first, he has lived with the man's parents for a long time and has become accustomed to it, which is beneficial to the child; The second is that the man's conditions are better than yours, and it is also conducive to the growth of the child.

3. In the case of divorce, if you say that you bought the property with the issuance of the real estate certificate, it is a contract signed after marriage, and it should belong to the joint property of the husband and wife.

4. The property of your mother's or mother-in-law's family has nothing to do with the divorce.

Lawyer Liu Zhaoyan.

Regardless of which spouse files for divorce first, the joint property of the husband and wife is divided equally. Depending on what you said, in the event of a divorce, if both parties ask for child support, the court may order that the child be raised by the man (the child lives with the man's family, the man has a regular job, etc.). Neither parent's house has anything to do with either of you.

The house you bought in a joint venture is divided equally between two people (you can use discount, bidding, auction, etc.). The house does not have a real estate deed and has nothing to do with the subdivision, and it does not affect your subdivision.