Change of custody and division of the estate, can the property be redivided by the change of custody

First, after Mr. Shen's death, will Shen Wen's custody go to Ms. Zhang or Ms. Gu?

Whether it is our right to custody of children or our obligation to support them, we are all based on the principle of the parents of the dependents; Where a stepchild forms a relationship of custody, the right of the child is to be regarded as the child's right. However, this does not mean that stepparents have a legal obligation to support them. In this case, Shen Wen is over 10 years old, and if he agrees, his stepmother, Ms. Gu, can be raised.

However, Ms. Gu left with Shen Jie, and it is unlikely that she would raise Shen Wen, and in order to protect the legitimate rights and interests of the minor, it should be confirmed that her biological mother, Ms. Zhang, has the obligation to support her;

Second, if it belongs to Ms. Zhang, can Ms. Zhang claim part of the amount of the maintenance previously paid to Ms. Gu?

This is a matter of claim and defense, and it is a matter of evidence. For example, what is the cause of action for Ms. Zhang's claim! What is the amount of lump sum alimony in the event of a divorce and whether it has been paid in full, or overpaid!

There is no mandatory amount of alimony, and it is impossible to define how much or too little; Therefore, it is difficult to rely on evidence, and it is up to the judge to decide; I don't think it's very likely, Ms. Gu has too many reasons, and her claim that she can give birth to you cannot be established;

Third, if it is attributed to Ms. Gu, what reasonable way can Ms. Zhang take to change Shen Wen's custody to her own name? And advocate to Ms. Gu first.

This problem is easy to handle, one is the actual change, that is, it is directly raised by Shen Wen's biological mother, which is not prohibited by the law, and the other is that Shen Wen is the right holder, and his grandmother, the community as a guardian or a lawyer appointed for judicial aid can be resolved by litigation;

Fourth, claim part of the amount of alimony previously paid and part of the amount of Mr. Shen's estate of 100,000?

How should Mr. Shen's estate be properly divided?

The question of inheritance is also the focus of the question, which should belong to legal inheritance, and the legal heirs of the decedent shall inherit the estate.

Legal inheritance must first determine the estate, including whether the house is joint or pre-marital personal property, and the deposit should be counted as the common part. After confirmation, the legal heirs are: spouse Ms. Gu, grandmother, Shen Wen, and Shen Jie.

Because Shen Wen is still a minor, and he has formed a stepchild relationship with Ms. Gu. Mr. Shen passed away, and Ms. Gu became Shen Wen's legal guardian.

Since Ms. Gu did not perform her guardianship duties, Ms. Zhang could file a lawsuit with the court to request a change in Shen Wen's guardianship.

After the change, in the name of Shen Wen, Ms. Zhang, as a guardian, sued Ms. Gu and demanded the division of Mr. Shen's estate.

Ms. Zhang's previous one-time alimony is estimated to be difficult to ask Ms. Gu for. It's not a debt.

Generally, custody of a child belongs to the biological parents. If Ms. Zhang asserts this right, Shen Wen will not object, and she can raise her own biological Shen Wen.

It is okay to claim alimony, but the other party can also cite the corresponding evidence to prove that the alimony has been used.

A lawsuit to change custody is sufficient. If the change is successful, Shen Wen, as Mr. Shen's biological daughter and a minor, can inherit the property, and Ms. Zhang, as the guardian, can file a lawsuit for the division of the property.

The house should have been acquired before remarriage and should be considered personal property and not joint property. Gu, Shen Wen, and Shen Jie each got a house and one-third of 100,000 yuan.

In any of the following circumstances, where one of the parents requests repentance and changes the child-rearing relationship, the people's court shall support it:

1) The parent living with the child is unable to continue to raise the child due to serious illness or disability;

2) The party living with the child does not fulfill the obligation to support the child or abuses the child, or the living with the child has a truly adverse impact on the child's physical and mental health;

3) A child who has reached the age of 8 and is willing to live with another parent who has the ability to support him;

4) There are other legitimate reasons for the change.

There are only the following circumstances in which an application is made to the people's court for a new division of the joint property of the husband and wife: one of the spouses conceals, transfers, sells, destroys, or squanders the joint property of the husband and wife, or falsifies the joint debts of the husband and wife in an attempt to encroach on the property of the other party. After the divorce, when the above circumstances are discovered, the other party can file a lawsuit with the people's court to request a redivision of the property.

and shall be punished for the commission of the above-mentioned acts, with little or no share of the wealth and property.

Conditions and grounds for re-changing custody.

You can apply for a change of custody in the following cases:

The original parent is unable to continue to raise the child due to financial hardship, unemployment or illness;

The original parent goes out to work and live, and it is difficult for Bipai to take care of the children;

The non-custodial spouse moves to Hong Kong or abroad and requires the child to live with him/her.

Legal analysis: Changing custody cannot redivide property, and the property division agreement is legally valid. However, if it is discovered after the divorce that one of the spouses has hidden, transferred, sold, damaged or squandered the joint property of the husband and wife, or forged the joint debts of the husband and wife in an attempt to encroach on the property of the other party, he or she may file a lawsuit with the people's court to request that the joint property of the husband and wife be divided again.

Legal basis: Article 1092 of the Civil Code of the People's Republic of China Where a husband conceals, transfers, sells, destroys, or squanders the joint property of the husband and wife, or falsifies the joint debts of the husband and wife in an attempt to encroach on the property of the other party, the other party may receive a small or no share when the joint property of the husband and wife is divided in divorce. After the divorce, if the other party discovers that he or she has committed any of the above-mentioned acts, he or she may file a lawsuit with the people's court to request that the joint property of the husband and wife be divided again.

No, the right to maintain children and the division of marital property are two different things, and changing custody will not change property. In any of the following circumstances, a change in the custody relationship may be requested: the parent living with the child is unable to continue to raise the child due to serious illness or disability; The party living with the child does not fulfill the obligation to support the child or abuses the child, or the party living with the child has a negative impact on the child's physical and mental health; Minor children over the age of 10 who are willing to live with another party who has the ability to support them; There are other legitimate reasons for the change.

1. The legal conditions for the change of custody are early.

1. The parent who lives with the child continues to raise the child due to serious illness or disability;

2. The party living with the child does not fulfill the obligation to support the child or abuses the child, 3. The party living with the child has a negative impact on the child's physical and mental health;

4. A child who has reached the age of eight is willing to live with the other party, and the other party has the ability to support him.

5. Legal basis: Interpretation (1) of the Supreme People's Court on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China

Article 56:In any of the following circumstances, where one of the parents requests a change in the child support relationship, the people's court shall support it:

1) The parent living with the child is unable to continue to raise the child due to serious illness or disability;

2) The party living with the child does not fulfill the obligation to support the child or abuses the child, or the living with the child has a truly adverse impact on the child's physical and mental health;

3) A child who has reached the age of 8 and is willing to live with another parent who has the ability to support him;

4) There are other legitimate reasons for the change.

The Civil Code stipulates that the reasons for the change of child custody are that the party living with the child is unable to continue to raise the child due to serious mental illness or disability, etc., and the custody can be changed by agreement, and if the agreement is not reached, it can be changed by litigation.

Article 1084 of the Civil Code of the People's Republic of China: The relationship between parents and children is not extinguished by the divorce of parents. After the divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or mother. After divorce, parents still have the right and obligation to raise, educate and protect their children.

In the event of a divorce, children under the age of two shall be raised directly by their mothers.

1. At the time of divorce, the disposition of the property of the husband and wife can be divided into two aspects: (1) the disposal of the property unique to one of the husband and wife: the property of one of the husband and wife is owned by the individual.

2) Disposal of joint property of husband and wife: The joint property of husband and wife shall be disposed of by agreement between the two parties, and the agreement reached by the parties on the division of property due to divorce shall be legally binding on both men and women. If the agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property and the original Zen chain basic rules that take care of the rights and interests of the children and the woman.

2. After the divorce, the custody relationship can still be changed, because the growth of children is a long-term dynamic process, and with the passage of time, the conditions of both parents and the conditions of the children themselves may change. Specifically, there are two ways: (1) the parents agree to change the child support relationship

2) If the two parties fail to reach an agreement or only one party requests to change the child support relationship, a separate lawsuit shall be filed. In any of the following circumstances, the court shall support a party's request to change the child support relationship: The parent living with the child is unable to continue to raise the child due to serious illness or disability; The party living with the child does not fulfill the obligation to support the child or abuses the child, or the party living with the child has a negative impact on the child's physical and mental health; Minor children over the age of 8 who are willing to live with the other party and who have the ability to support them are willing to live with the other party and who have the ability to support them; There are other legitimate reasons for the change.