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1. Although the divorce agreement is legal and valid, if it needs to be enforced, it needs to be filed through the court. 2. The housing management department is not aware of the divorce agreement, so although the house is legally owned by the son, in fact, the father may sell the house before the name change. The son can first file an objection registration with the housing management department and apply for property preservation at the time of the lawsuit.
In the unlikely event that the father has sold the house, it depends on whether the person who bought the house is a bona fide third party, and if so, the sale is valid and the father can only be compensated; If not, the sale can be claimed to be invalid. 3. In accordance with Article 12 of the Supreme Court's "Several Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts", "In any of the following circumstances, an adult child who has not yet lived independently and his or her parents have the ability to pay, shall still bear the necessary child support expenses: (1) he or she has lost the ability to work or has not completely lost his or her ability to work, but his income is not enough to maintain his or her livelihood; (2) Those who are still in school; (3) There is no ability or condition for independent living.
If the son falls under the above circumstances, he may sue the court for the father to pay child support; Otherwise, it cannot be requested.
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Yes, buying a house after marriage, writing the names of 2 husband and wife or writing the name of one person is joint property after marriage, unless one person's name is marked with "separately owned". A property marked "separately owned" is owned by one party and is not divided by the other party in the event of a divorce. The procedure is:
The spouse writes a statement of renunciation of property rights and files it with the Housing Authority. The title deed thus issued has only one person's name, and the name is followed by a parentheses indicating "Separately owned." ”
Article 1065 of the Civil Code: A man and a woman may agree that the property acquired during the marriage and the property before the marriage shall be owned separately or jointly or partly separately and partly jointly. The agreement shall be in writing.
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Legal analysis: At the time of divorce, the closing of the property should be negotiated by both parties, and if the negotiation fails, the people's court should not make a judgment on the ownership of the house, and should make a judgment to be used by the parties according to the actual situation. Where there is a dispute between the parties after they have obtained full ownership of the houses provided for in the preceding paragraph, they may separately file a lawsuit with the people's court.
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 family land 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 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.
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Analysis of the law of the law]: Not easy. To determine whether the property is joint property of the husband and wife; if so, it shall be handled in accordance with the division of the joint property of the husband and wife; If not, there is no issue of partition involved.
For joint property, regardless of who the owner is on the certificate of ownership, both parties shall agree to determine the division of the property; If the negotiation fails, it needs to be decided by the court; The court's decision needs to be based on the principle of taking care of the interests of the child, the woman and the innocent party.
Legal basisArticle 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 mutual agreement; If an agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the financial relative's postponement of childbirth, and in accordance with the principle of taking care of the rights and interests of the child, 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.
Article 76: When the two 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) Where both parties claim 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 ownership of the house, the house shall be auctioned or sold according to the application of the parties, and the proceeds shall be divided.
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