Matrimonial property disputes, how to deal with marital dispute property

The pre-marital property of one party belongs to one of the parties.

In the event of a divorce, the other party does not have the right to claim a partition.

1. Personal property before marriage also belongs to personal property after marriage, and belongs to the individual in the event of divorce.

2. When a people's court hears a divorce case, the refusal of divorce shall be based on whether the relationship between the husband and wife has indeed broken down. To determine whether the relationship between husband and wife has truly broken down, a comprehensive analysis shall be made from aspects such as the basis of marriage, postmarital feelings, reasons for divorce, the current state of the relationship between husband and wife, and whether there is a possibility of reconciliation. The "Several Opinions" of the Supreme People's Court also stipulate that, in accordance with the relevant provisions of the Marriage Law and the practical experience of adjudication, in any of the following circumstances, it shall be deemed that the relationship between the husband and wife has indeed broken down, and one party resolutely requests a divorce, and the mediation is ineffective, and the divorce may be granted by judgment in accordance with the law

1) One party suffers from a disease that legally prohibits marriage, or one party has a physical defect, or is unable to have sex for other reasons, and it is difficult to **.

2) Lack of understanding before marriage, hasty marriage, failure to establish husband and wife relationship after marriage, and difficulty in living together.

3) Concealing mental illness before marriage and not being cured after marriage, or marrying the other party knowing that the other party is mentally ill before marriage, or one party suffering from mental illness during the period of living together as husband and wife, which cannot be cured for a long time.

4) One party deceives the other party, or deceives the other party in marriage registration to obtain the "Marriage Certificate".

5) After the marriage registration is completed, the two parties do not live together, and there is no possibility of reconciliation.

6) Arranged or bought marriage, where one party files for divorce immediately after marriage, or has lived together for many years, but has not established a relationship between husband and wife.

7) Those who have been separated for 3 years due to emotional discord and there is no possibility of reconciliation, or who have been separated for 1 year after the people's court has ruled that divorce is not permitted, and do not perform their obligations as husband and wife.

8) One party commits adultery or illegal cohabitation with another person, and there is still no repentance after education, and the party who is not at fault sues for divorce, or the party at fault sues for divorce, and the other party does not agree to the divorce, and after criticism, education, punishment, or after the people's court has ruled that the divorce is not allowed, the party at fault sues for divorce, and there is no possibility of reconciliation.

9) One party is bigamy and the other party files for divorce.

10) One party has bad habits such as leisure and hard work, gambling, etc., does not fulfill family obligations, and refuses to change after repeated teachings, making it difficult for husband and wife to live together.

11) One party has been sentenced to long-term imprisonment in accordance with law, or his or her illegal or criminal acts have seriously hurt the feelings of the husband and wife.

12) One party's whereabouts have been unknown for 2 years, and the other party sues for divorce, and there is no whereabouts after being found through public announcement.

13) Being abused or abandoned by the other party, or being abused by the other party's relatives, or abusing the other party's relatives, and not changing after education, and the other party does not understand.

14) The relationship between the husband and wife has indeed broken down due to other reasons.

The new Marriage Law stipulates: "In any of the following circumstances, if mediation fails, a divorce shall be granted: (1) bigamy or cohabitation of a spouse with another person; (2) Committing domestic violence or abusing or abandoning family members; (3) Those who have bad habits such as gambling and drug abuse that they do not change after repeated attempts; (4) They have been separated for two years due to emotional discord; (5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

If one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted. ”

The pre-marital property of one party belongs to one of the parties.

Hello, according to what you have said, the house is your father's personal property before marriage, and the other party has no right to claim division in the event of divorce.

3. File a lawsuit with the court. What is practiced in our country is Li Bei's freedom of marriage. Freedom to marry includes both freedom to marry and freedom to divorce.

Divorce by mutual agreement requires both parties to agree on their willingness to divorce, child custody, and property distribution. If the agreement fails, the couple can only go to the court to file a divorce lawsuit.

Article 1076 of the Civil Code of the People's Republic of China 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 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 of the Civil Code of the People's Republic of China: Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly file a divorce lawsuit with 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.

Generally speaking, the marriage and property disputes of pure liquid cong are the stove and are resolved through negotiation first. If you can't negotiate, then sue to court.

If you can't negotiate a solution, make an agreement to avoid disputes, you must calm down, communicate well, communicate, after all, you are the person you loved before, don't worry too much.

Clause. 1. Divorce by agreement: If both a man and a woman need to divorce, both parties must apply for divorce registration in person at the marriage registration authority where one of the parties has a household registration; When applying, the following documents and certificates shall be presented:

1. Proof of household registration;

2. Resident ID card;

3. Divorce agreement;

4. Marriage certificate.

Clause. 2. Litigation divorce: The following materials need to be brought:

1. Divorce complaint.

2. Proof of the marital relationship between the husband and wife, that is, the original marriage certificate or the certificate of marital relationship presented by the Civil Affairs Bureau.

3. Copies of the plaintiff's and defendant's ID cards or the defendant's public security household registration certificate, or the original and photocopy of the household registration book.

4. A copy of the child's birth certificate or household register. This is mainly for those who have custody disputes, and those who do not have children do not need to provide it.

5. List of joint property of husband and wife. The contents of the package include the name, specification, number of pieces, and value of immovable and movable property, as well as equity, etc. Documents required for divorce:

Household registration book, resident ID card, marriage certificate, divorce agreement, and two two-inch singles with the same background color.

Divorce Certificate Procedure:

1. Both parties submit a written application for divorce and present their documents.

2. The two parties reach a written agreement on the disposal of family property, child support, parental support, creditor's rights, debts and other issues.

3. Fill in the Declaration of Application for Divorce Registration and the Divorce Agreement of Sun Li.

4. Fill in the application for divorce registration and the marriage registration certificate processing form, and the registration authority will review it.

5. Obtain the "Divorce Certificate".

If you don't want to get a divorce, then you should talk about it. The two people who answered teased each other empathized with each other, and it was better to discuss the decision of the finger bush. If it is a divorce, it is to go to the court, and it is also mediated first, and the lawsuit will be filed if the mediation cannot be achieved.

In order to solve the problem of how to divide the property in a divorce, you first need to understand when you can ask for the division of the property. According to the provisions of China's Marriage Law and its judicial interpretations, the division of marital property can be requested at the time of divorce or without divorce. This type of business is demanding on the lawyer and requires a lot of care and patience.

Such disputes in China are relatively good, such as lawyer Xu Baotong in Shanghai and lawyer Yao Lizhi in Beijing, their lawyer team is good at this aspect, and their reputation and ability are very good. You can go by yourself, too. Stupid Ant Calendar.

Legal analysis: property acquired during cohabitation shall be disposed of by agreement of the parties; If the agreement is not reached, the people's court shall make a judgment in accordance with the principle of taking care of the innocent party.

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 their opinions on matters such as child support, property, and debt handling.

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 management of family land shall be protected in accordance with law. Zheng or.

Legal analysis: Husband and wife may stipulate 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. Because such an agreement is oral, uncertain, and prone to disputes, the law stipulates that the agreement must be in writing.

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

Article 1062:The following property acquired by husband and wife during the existence of their marital relationship is the joint property of the husband and wife and is jointly owned by the husband and wife: (1) wages, bonuses, and remuneration for labor services; (2) income from production, operation and investment, (3) income from intellectual property rights; (4) Inherited or donated property, except as provided for in item 3 of Article 163 of this Law; (5) Other friends shall be jointly owned property. Husband and wife have equal rights to dispose of joint property.

Article 1063: The following assets are the personal property of one of the husband and wife: (1) the property of one party known to infiltrate before marriage; (2) Compensation or compensation received by one party for personal injury; (3) Property that is determined in a will or gift contract to belong to only one party; (4) Daily necessities for the exclusive use of one side; (5) Other property that shall belong to one party.

Marital property disputes can be handled through negotiation, and if the negotiation fails, mediation can be chosen to resolve the property division dispute. If the mediation fails, you can go to the people's court to file a lawsuit, although the procedure is troublesome and lasts for a long time, but it has the force of enforcement.

1. What are the characteristics of litigation divorce?

The characteristics of litigated divorce are as follows:

1. Litigation divorce has the necessary legal conditions;

2. The people's court plays a leading role in the settlement of disputes in litigation activities;

3. The mediation judgment made by the people's court in accordance with the law shall have the enforceability after legal effect.

Litigation divorce refers to a divorce system in which the husband and wife cannot reach an agreement on whether to divorce or on issues such as property division, debt sharing, child support, etc., and file a lawsuit with the people's court, and the people's court dissolves the marriage relationship through mediation or judgment after trial.

2. What should I do if the division of property is not executed after divorce.

The non-execution of the division of property after divorce should be handled as follows:

1.If it is a divorce by agreement, you can go to the court to sue the other party according to the agreement of the divorce agreement, and generally speaking, the court will respect the content of the divorce agreement and make a judgment, and the court's judgment is enforceable;

2.In the case of litigation divorce, the court's judgment or mediation document itself is enforceable, and if the other party does not perform the effective judgment or mediation document, it can apply to the court for enforcement.

Civil Code of the People's Republic of China

Article 1062:The following property acquired by husband and wife during the existence of their marital relationship is the joint property of the husband and wife and is jointly owned by the husband and wife: (1) wages, bonuses, and remuneration for labor services; (2) Income from production, operation and investment; (3) the proceeds of intellectual property rights; (4) Inherited or donated property, except as provided for in item 3 of Article 163 of this Law; (5) Other property that shall be jointly owned. Husband and wife have equal rights to dispose of joint property.