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Anonymous users2024-02-11The principles for the division of property in divorce are:1In principle, the joint property of the husband and wife shall be divided equally.
In other words, the joint property of the husband and wife is, in principle, divided equally; According to the actual needs of production and life and the actual needs of property, the specific treatment can also be different. Items that belong to the exclusive use of the individual are generally owned by the individual. 2.
If one party operates in partnership with another party with the joint property of the husband and wife, the property may be divided among one party, and the party who has received the property shall compensate the other party equal to half of the value of the property. 3.The means of production, which are the joint property of the husband and wife, may be distributed to the party who has the conditions and ability to operate.
The party who receives the means of production shall compensate the other party equal to half the value of the property. 4.Breeding and planting industries that are jointly operated by husband and wife and have no income in the current year should be reasonably divided or discounted in consideration of being conducive to the development of production and business management.
5.Where the joint property of the husband and wife has not been separated from the joint family property at the time of divorce, and one party requests the dissolution of the property, the divorce and the property that have already been ascertained may first be handled, and the parties may be informed of the division of the property that is truly difficult to ascertain for the time being, and the case may be handled separately; or suspend the divorce proceedings and resume the divorce proceedings after the trial of the property dissolution case is concluded. The above is the basic principle of the division of property between husband and wife in divorce, and it is also necessary to divide it according to the actual situation.
Divorce lawyers will find Guanling Law Firm.
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Anonymous users2024-02-10What do you mean? Under what circumstances should the division of property be mentioned with whom?
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Anonymous users2024-02-09In the case of the division of property between a remarried couple at the time of divorce, both parties may negotiate to divide the joint property of the husband and wife, and if the negotiation fails, a lawsuit may be filed in the people's court. When dividing, those who take care of children, the elderly, or assist one party more should be appropriately cared for. According to Article 1087 of the Civil Code, 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 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 agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment. Article 1087 of the Civil Code provides that 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 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.
Article 1088:Where one of the husband and wife bears more obligations due to raising children, taking care of the elderly, assisting the other party in work, and so forth, 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 agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.
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Anonymous users2024-02-08Legal analysis: 1. There is a prenuptial property agreement.
Nowadays, both remarried couples generally have their own personal pre-marital property, and in order to avoid disputes over property in the future, or conflicts over the division of property during divorce, they negotiate their respective premarital assets before the registration of remarriage and marriage, and fix them in writing as a precaution. This form is more common in urban areas than in rural areas. If the pre-marital property is executed in accordance with the agreement at the time of divorce, the disposal of the pre-marital property due to the division of the property is reduced.
Needless to say, the division of property after marriage shall be carried out according to the joint property during the marriage.
2. There is no prenuptial property agreement.
At the time of remarriage and divorce, if there is evidence to prove that it is premarital property, it belongs to the individual's property. Enforce according to whose property belongs to whom. Where it cannot be proved that it is personal premarital property, it shall generally be divided according to the postmarital property (except where the other party admits that it is premarital property).
3. If there is an agreement after remarriage and marriage, it shall also be implemented in accordance with the agreement.
After marriage, the husband and wife reach an agreement on the issue of premarital property, and there are two situations:
a. Where it is agreed that premarital property shall be disposed of in accordance with premarital property, and where a property agreement is signed, the premarital property shall be disposed of in accordance with the provisions of the agreement.
b. If it is agreed that the pre-marital property shall be disposed of as joint property, and if a property agreement is signed, it shall be divided according to the joint property at the time of divorce.
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 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 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 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 a divorce lawsuit, 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.
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Anonymous users2024-02-07In the case of a second marriage and a second divorce, as in the case of the first divorce, individual property cannot be divided, but joint property can be divided.
According to article 17 of the Marriage Law, the following property acquired by the husband and wife during the marriage relationship shall be jointly owned by the husband and wife:
1) Wages and bonuses;
2) the income from production and operation;
3) income from intellectual property rights;
4) Property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law;
5) Other property that shall be jointly owned. Husbands and wives have equal rights to dispose of jointly owned property.
Article 18 of the Marriage Law stipulates that under any of the following circumstances, it shall be the property of one of the husband and wife:
1) the pre-marital property of one of the parties;
2) Medical expenses, living allowances for the disabled, and other expenses received by one party as a result of bodily injury;
3) Property that is determined in the will or gift contract to belong to only one of the husband or wife;
4) Daily necessities for the exclusive use of one side;
5) Other property that shall belong to one side.
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Anonymous users2024-02-06Legal analysis: 1. If there is an agreement between the two parties, it shall be handled according to the agreement; 2. Personal property belongs to the individual, 3. The joint property of the husband and wife shall be disposed of by agreement between the two parties in accordance with the provisions of the first paragraph of Article 1087 of the Civil Code; 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 1065 A man and a woman may agree that property acquired during the existence of the marital relationship and property before marriage shall be owned separately or jointly, or partly separately and partly jointly. The agreement shall be in writing. 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.
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.
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Anonymous users2024-02-05In the event of a divorce, the other party does not have the right to claim a partition.
1. Obtain the property right certificate before marriage.
The Marriage Law stipulates that the pre-marital property of one party shall be the property of one of the spouses. The judicial interpretation (1) of the Supreme People's Court on the Marriage Law also stipulates that:
Property owned by one of the spouses shall not be converted into joint property of the husband and wife as a result of the continuation of the marital relationship. Since one of the spouses has paid the full amount of the house before the marriage and obtained the title deed, the house is undoubtedly a pre-marital property. Therefore, in the event of divorce, the other party has no right to claim a partition.
2. Obtain the property right certificate after marriage.
It is still a pre-marital property belonging to one party, and in the event of divorce, the other party has no right to claim a division. Although the property right certificate is a certificate of property rights, it does not mean that the house that obtains the property right certificate after marriage should be the property after marriage, and the key depends on the capital contribution, that is, whether one of the husband and wife has paid off the full price of the house before marriage, and whether the right to the house is obtained before marriage.
2) After marriage, the house purchased by one of the spouses with personal pre-marital property shall belong to the pre-marital property of one party, and the other party shall not have the right to demand division in the event of divorce.
This involves the ownership of the house purchased by one of the spouses with their premarital personal savings or funds** in the individual's premarital property, because this is only a change in the original property value of the existing form, and its value acquisition began before the marriage, which is the so-called "ever-changing", so it should be recognized as the personal property of one party, and the other party has no right to demand division in the event of divorce.
3) If a house is rented by one party before marriage and purchased by one of the spouses before marriage, and the full payment is paid, the pre-marital property belonging to one party shall be returned to the house purchased by the property, and the house ownership certificate of the house is registered in the name of one party, shall be recognized as the joint property of the husband and wife.
4) The house (including loans) purchased by the husband and wife with their joint property after marriage shall belong to the joint property of the husband and wife, and shall generally be divided equally in the event of divorce.
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Anonymous users2024-02-041.At present, China's laws do not stipulate that daughters-in-law and father-in-law and mother-in-law, sons-in-law and father-in-law and mother-in-law have the right and obligation to support and support. The relationship of support and support between them is voluntary of the parties.
2.If there is evidence that the money borrowed by the man from the two daughters was used for living together or for joint investment expenses during the relationship between the husband and wife. It can be divided as a joint debt of the husband and wife in the event of a divorce property.
<>I think it's okay, in advance, both sides have let go of each other, there is no emotion at all, some are only family affection, no distractions, just like the first half of my life that has been on the air recently, if Zijun and He Han are together, I think the two families can really establish an intimate relationship, because He Han and Chen Junsheng can become friends, Chen Junsheng really admires He Han, he once said that he feels down-to-earth with He Han, so they themselves have a bit of intimacy, and Zijun and Chen Junsheng are also for their son, didn't become an enemy because of the divorce, the relationship is still okay, Ling Ling, although he is very careful and scheming, but he will make sacrifices for his family, I believe she knows that Zijun and Chen Junsheng can't be together, they won't be enemies of them, I think they are really together, they will be very happy, there will be no big contradictions, of course, in the end, they don't work together, but because they have children, they will still be in touch, And Chen Junsheng knows that Zijun and He Han will be very relieved to be together, I think they will definitely become very good friends, especially because He Han loves Zijun, so he is also very good to Zijun's children, and he doesn't mind because he is his ex-husband's child, what about Ling Ling, if you know that He Han is with Zijun, I believe that Ling Ling's heart is still kind, I think they are a model that can establish an intimate relationship, so I think divorced couples may establish an intimate relationship after they remarry and start a family, of course, this is only a small part, It's relatively rare, most people will mind in their hearts, they can't never see each other, but they have children, so it's impossible to never get along, I don't think there's any need to be an enemy after divorce, no matter whose fault it is, whose reason it is, let him pass in the past.
In real life, there are often parties who apply for a declaration of annulment of marriage on the grounds that there are flaws in the marriage registration procedure, such as one party does not appear in person to complete the marriage registration, borrows or fraudulently uses another person's identity certificate for registration, the marriage registration authority exceeds its authority, and the marriage registration materials submitted by the parties are defective. When there are flaws in the marriage registration procedure, if the substantive elements of marriage are lacking at the same time, the people's court may declare it invalid within the circumstances prescribed by law, but there is no clear legal provision on the legal effect of marriage registration with only procedural flaws. If a party applies for a declaration of annulment of marriage on the basis of defects in the marriage registration, the court can only make a judgment to reject the application of the parties as long as it does not meet one of the four provisions of Article 10 of the Marriage Law on the invalidity of marriage. >>>More
It's not illegal to throw away the woman's clothes after the divorce, but why the woman didn't take the clothes away shows that she may still have nostalgia for your home, no matter what reason you divorced, at least you have loved each other, or it is more appropriate to keep it first, the above is just a personal suggestion, I hope my answer will help you.
Husband and wife who don't trust each other are particularly ruthless, especially when they do things, the other party doesn't trust them, which will make them feel very sad, and then the other half betrays themselves and cuckolds themselves, which is also very ruthless, and they have not experienced such a thing.
First of all, before remarrying, you should first understand the other party's character, you don't have to rush to get married, and then you can care more about the other party's children after marriage, but if you don't accept the children, you don't have to be reluctant, let alone humble. If you give in, your life may not be very good. If you have children at this time, you have to have a job, because your husband may not be happy to raise the children, so you can't afford to lose your job. >>>More