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1) Collect proof of joint property between husband and wife.
Keep the passbook card number, salary card number, **, **, and keep a copy of these documents at the bottom. For large amounts of real estate such as real estate certificates and car purchase agreements, try to keep the originals as much as possible, and if you can't, keep the copies properly.
2) Consult a lawyer.
Hire a professional lawyer in matrimonial to truthfully state the status of family assets and professional guidance. It would be best if the husband and wife could sign an agreement peacefully, divide the joint property, go to the marriage registration office to go through a simple formality, and save a lot of money for a lawyer. But in fact, few divorces can be so simple, and it is difficult to agree on the division of property alone.
Even if both of them were sincere, it would be difficult to decide what would be fair to both of them. A lawyer can help you with these difficult issues. For example, if your family's title deed is not in place, what can you do to protect your property?
3) Prevent the other party from concealing joint property.
This is a very important link. Many women, based on their trust in their husbands in their past marriages, feel that he will not do such a thing, take this lightly, and suffer a loss of property in the divorce. Therefore, it is necessary to be very cautious and carefully observe whether the other party has concealed the transfer of property.
Common scenarios are:
1. He's transferring equity! The husband is a shareholder of the company and he is in the process of transferring his shares to other shareholders. In divorce proceedings, in order to protect this part of your joint property, you have to carry out another lawsuit - a lawsuit to revoke the equity transfer agreement.
2. He is hiding and transferring property! You have common family savings and he begins to secretly transfer the savings. Recently, your husband suddenly started investing, and he has a grandchild who can use the family's joint savings.
You have the right to ask about the money invested. If he does not negotiate and invests in the common deposit, it is a deliberate concealment and transfer of property. If he admits to investing in common property, you will have half of the investment interest.
4) Entrust an investigation company.
If it is necessary for your marriage to file a lawsuit, and you are worried about the transfer of property by the other party, you can entrust a detective agency or investigation company. At present, business information consulting companies and business investigation companies are already institutions that have been approved by the state industrial and commercial organs to legally practice and operate, and through them, they can investigate relevant property information and clues.
5) Freezing of assets.
If you find that the other party has already started to transfer property, you should take the initiative and ask your lawyer to apply for property protection and freeze the property, car, deposit account, and ** account without the other party's knowledge before filing a lawsuit. When all the property is frozen, the people's court will hear the case, and this part of the property will be divided according to law. This is a good method for property division and later execution.
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For the protection of women's rights and interests, the Civil Code and the Law on the Protection of Women's Rights and Interests have provisions on the litigation rights of divorce: 1. The husband shall not sue for divorce during pregnancy, within one year after childbirth, and within six months of the termination of pregnancy. 2. Divorce and division of marital property, some special protection for the woman.
According to the principle of taking care of the rights and interests of the children and the woman, such as juxtaposition, when the property is divided in divorce, proper care of the woman is actually to protect the woman's right to freedom of divorce and relieve her of these worries after the divorce.
Article 1088 of the Civil Code: 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 the source party of the double slag; If the agreement is not reached, the people's court shall make a judgment.
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