How to guarantee divorce property and what security methods are required for divorce property preser

The judgment of divorce property is based on the following principles:1Where it is the joint property of the husband and wife, it is generally 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.In the case of breeding and planting that are not profitable in the current year jointly operated by husband and wife, they should be considered from the perspective of being conducive to the development of production and ,... to operation and management

1. For pre-litigation property preservation, your friend must provide a guarantee, otherwise the court will reject the application.

2. The applicant must file a lawsuit within 15 days after the people's court takes the preservation measures, and may file a lawsuit with the court with jurisdiction over the case, or to the court that has taken property preservation, and if the people's court does not file a lawsuit within 15 days after taking property preservation, the court that takes the preservation measures shall lift the property preservation.

3. If the respondent provides a guarantee, the court shall lift the property preservation.

4. If the applicant is the losing party in the end and his application is wrong, the applicant should compensate the respondent for the losses suffered by the property preservation.

Your friend is currently unable to secure the property and cannot file for pre-litigation property preservation. Her purpose was to prevent her husband from transferring his property, right? Look at other methods, such as divorce by agreement, notarization of the distribution of property.

Legal Analysis: Divorce property preservation requires cash, physical security, and creditworthiness.

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 office.

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 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.

Article 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable request to either parent for more than the amount originally set forth in the agreement or judgment when necessary.

Article 1087:In the event of divorce, the joint property of the husband and wife shall be handled 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.

Summary. Hello, the divorce guarantee is handled as follows: if the husband and wife are divorced, for the guarantee, if it is a guarantee provided by the husband and wife together, and it needs to be liable, it should be jointly borne by the husband and wife, and can be borne by the joint property of the husband and wife, and if the joint property of the husband and wife is not enough to be repaid, it can be paid off by both parties through negotiation.

How to deal with the guarantee after divorce.

Hello, the divorced guarantee is handled as follows: if the husband and wife are divorced, for the guarantee, if the husband and wife put forward the guarantee of the first banquet together, and need to bear the responsibility, it should be borne by both husband and wife, and can be borne by the joint property of the husband and wife. <>

Shake hands and smile, one party in the marriage guarantees, and the debt is repaid by the guarantor after the divorce, because the debt is not based on the joint intention of the husband and wife, so the debt should be recognized as a personal debt of one party, and the other party is not responsible for repayment. If one party guarantees the marriage and the other party recognizes it after the fact, the debt becomes a joint debt of the husband and wife, and both husband and wife must bear the responsibility of repayment after the divorce. <>

Hello, according to Article 1064 of the Civil Code, the debts that are transferred and concealed by the joint signature of both husband and wife or the joint intention of one of the husband and wife or the subsequent recognition of one of the husband and wife, as well as the debts incurred by one of the husband and wife in the name of the individual for the daily needs of the family during the existence of the marital relationship, belong to the joint debts of the husband and wife. Debts incurred by one of the husband and wife in his or her own name during the existence of the marital relationship in excess of the daily living needs of the Huahui family are not joint debts of the husband and wife; However, the creditor can prove that the debt was used for the husband and wife's common life, joint production and business, or based on the common intention of the husband and wife. <>

Can I release the guarantee?

I have been divorced from my lender for more than 10 years.

Hello, the guarantee liability cannot be released unilaterally, and it needs to be agreed by all parties.

So what to do. Became a guarantor without my consent.

You didn't sign it without your consent, did you?

No, isn't he taking out a loan online?

If the situation is true and you are unaware of the guarantor, you may apply to the people's court to revoke the guarantee contract.

According to the actual situation, if the husband and wife need to bear the responsibility for guaranteeing the husband and wife, the wife shall bear the responsibility for repaying the debts because it is a joint debt of the husband and wife during the existence of the relationship between the husband and wife. However, if the wife can prove that the creditor and the debtor have expressly agreed that it is a personal debt, or can prove that it falls under the circumstances prescribed by her law, the wife does not need to bear the defense debt. Article 392 of the Civil Code of the People's Republic of China: Where the secured creditor's rights are secured by both the bank and the insurance company, and the debtor fails to perform the debts due or the parties agree to realize the security interest, the creditor shall realize the creditor's rights in accordance with the agreement; If there is no agreement or the agreement is not clear, and the debtor provides security for the thing, the creditor shall first realize the creditor's right on the security of the thing; If a third party provides security in kind, the creditor may realize the creditor's rights in respect of the security in rem, and may also request the guarantor to bear the guarantee liability.

The third party providing the guarantee has the right to recover from the debtor after assuming the guarantee liability.

Legal analysis: According to the actual situation, if the husband and wife need to be held liable for the guarantee for others, the wife shall bear the responsibility for debt repayment because it is a joint debt of the husband and wife during the existence of the relationship between the husband and wife. However, if the wife can prove that the creditor's socks and the debtor have indeed agreed that it is a personal debt, or can prove that it falls under other legal circumstances, the wife does not need to bear the debt.

Legal basis: Article 392 of the Civil Code of the People's Republic of China Where the secured creditor's right is secured by both a real and a personal guarantee, and the debtor fails to perform the due debt or the parties agree to realize the security interest, the creditor shall realize the creditor's right in accordance with the agreement; If there is no agreement or the agreement is not clear, and the debtor provides security for the thing, the creditor shall first realize the creditor's right on the security of the thing; If a third party provides security in kind, the creditor may realize the creditor's rights in respect of the security in rem, and may also request the guarantor to bear the guarantee liability. The third party has the right to recover from the debtor after the third party bears the guarantee liability.