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Your aunt does not bear the corresponding maintenance obligations, so the court will generally take into account the actual situation and divide the property, judge the custody of the children, etc., in favor of your uncle.
In addition, since the child has reached adulthood, he or she has the right to choose the custody independently; The court's decision will also take into account the child's personal wishes (in general, your uncle will raise the child and the child may be more inclined to him).
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Hello, your aunt has the right to divide the property during the existence of the husband and wife, because of the less paid for the family, you can divide it appropriately, as for the custody of the child to the child to decide for himself, in order to protect his rights and interests, it is recommended that you entrust a lawyer to handle it.
Lawyer Fu Zongfeng.
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If the aunt has an act of abandonment, she can divide the property less or nothing, mainly to prove the heinousness of the abandonment and not care about the family. And after being away from home for so many years, maybe there is a cohabitation or extramarital affair outside, you can also try to find it.
In the end, the children should be over 10 years old, and the judge will consider the child's intentions, and if he can explain what the mother did, it will also be very helpful to the uncle, after all, when he grows up, he knows who is good and who is bad.
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Tianjin Lawyer Li (Professional Divorce Lawyer):
You can sue for a lump sum payment of child support, but it is difficult to prove that the other party has deliberately defaulted. On the premise that the title deed has not been issued, the court cannot be asked to enforce the house. You can only make an agreement privately.
Lawyers should know that what the client needs is not a pile of legal provisions, but a solution to the problem. Lawyer Li believes that providing free legal advice is a way for lawyers to give back to the society, and lawyers should handle divorce cases with the goal of closing the case and leaving no hidden dangers.
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Whoever wants a child will have child support, property deposits, claims and debts divided in half, and if the separation time is not more than 2 years, the first lawsuit will not be divorced!
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The child has graduated from college and can choose for himself. The property will still be tilted in favor of your uncle.
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Legal analysis: "If the woman insists on divorce, the division of property can be resolved by both parties through negotiation, and if the negotiation fails, she can file a lawsuit with the people's court, and the court will make a judgment." The following principles should be observed in the division of property:
1. The principle of equality between men and women. The right of the husband and wife to divide the joint property and the obligation to repay the joint debts are equal. 2. The principle of protecting the legitimate rights and interests of women and children.
3. If the divorce is caused by the fault of one party, the group should take care of the innocent party. 4. The principle of respecting the wishes of the parties.
Legal basis: Article 1087 of the Civil Code of the People's Republic of China In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; Where the agreement is not clear, 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.
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Legal analysis: the woman can get a share of property when she files for divorce, and when the divorce occurs, the joint property of the husband and wife is disposed of by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment on the basis of 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:
Article 1087 of the Civil Code of the People's Republic of China 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 the husband or wife in the family land contract management shall be protected in accordance with the law.
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