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The property acquired during the existence of the marital relationship shall belong to the joint property of the husband and wife, and both parties shall have equal rights to jointly dispose of the joint property.
According to the Marriage Law of the People's Republic of China:
Article 17 The following property acquired by husband and wife during the existence of their marital relationship shall be jointly owned by the husband and wife:
1) Wages and bonuses;
2) the income from production and operation;
3) income from intellectual property rights;
4) Property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law;
5) Other property that shall be jointly owned.
Husbands and wives have equal rights to dispose of jointly owned property.
Article 18: In any of the following circumstances, it is the property of one of the husband and wife:
1) the pre-marital property of one of the parties;
2) Medical expenses, living allowances for the disabled, and other expenses received by one party as a result of bodily injury;
3) Property that is determined in the will or gift contract to belong to only one of the husband or wife;
4) Daily necessities for the exclusive use of one side;
5) Other property that shall belong to one side.
Article 19: Husband and wife may agree that property acquired during the existence of the marital relationship and property before marriage shall be owned separately or jointly, or partly separately or partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is unclear, the provisions of articles 17 and 18 of this Law apply.
The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is binding on both parties.
Article 39: At the time of divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman.
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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There are lawyers everywhere who can ** divorce proceedings. The parties to a divorce case can consider the following aspects when retaining a lawyer:
First, choose a professional marriage and family lawyer, professional can better protect the interests of the parties;
Second, choose a lawyer within one's ability according to the client's financial situation;
Third, the parties can go directly to the local law firm, or they can entrust a lawyer in the formal **;
Fourth, after entrusting a lawyer, sign an entrustment agreement, and issue an invoice by the law firm after paying the fee.
Article 58 of the Civil Procedure Law: Parties and legally-prescribed persons may entrust one or two persons as litigants.
The following persons may be appointed as litigants:
1) Lawyers and basic-level legal service workers;
2) The close relatives or staff of the parties;
3) Citizens recommended by the parties' communities, units, and relevant social groups.
Article 59: Where others are entrusted to litigate on their behalf, a power of attorney signed or sealed by the client must be submitted to the people's court.
The power of attorney must specify the matters and authority of the entrustment. The litigant must have the special authorization of the client to admit, waive or change the litigation claim, settle the claim, file a counterclaim or appeal on behalf of the client.
Article 62: Where there is a litigant in a divorce case, the person shall still appear in court except where he or she is unable to express his or her intentions. Where they are truly unable to appear in court due to special circumstances, they must submit a written opinion to the people's court.
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Hello, this is difficult to claim back, some expenses spent in life, gifts given to you during the New Year, etc., it is difficult to identify as a debt relationship.
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The divorce lawsuit has nothing to do with how much money is used, but with joint property.
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Marriage is joint property.
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Summary. If the woman's money is said to belong to premarital property and personal property. If the man uses the woman's money after marriage and uses it for living together, it also requires a joint debt, and the man should repay half of it.
After marriage, the man spent the woman's money, should he pay it back when he divorced?
If the woman's money is said to belong to premarital property and personal property. If the man uses the woman's money after marriage and uses it for living together, it also requires a joint debt, and the man should repay half of it.
If it is not for living, it is a personal debt, which is borne by the man alone.
Of course, these things can be resolved negotiably in the event of a divorce. If the two parties fail to reach an agreement through negotiation, the court shall make a ruling.
What about marital property?
If it is marital property, the husband uses it and uses it for living together, of course, it does not need to be repaid.
If it is not for living together, it is money that the man owes to the small family.
In the event of a divorce, the man may negotiate a certain amount of compensation for the woman.
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After more than one year of marriage, the man filing for divorce generally does not need to compensate the woman.
If the husband and wife decide to divorce, the man is generally not required to compensate the woman. However, the woman may request the husband to pay the corresponding compensation if the man has any of the following circumstances:
1. The man has domestic violence;
2. The man is cohabiting with another person;
3. The woman resigns to take care of the man at home and pays more for the family. If the other party is not grossly at fault, there is no compensation. There are certain conditions that need to be met to claim compensation from the other party in the event of divorce.
Only in the case of a divorce due to the gross fault of one of the parties, the innocent party can claim compensation from the at-fault party. If there is no fault, there is no question of compensation.
In any of the following circumstances, the innocent party has the right to claim damages if the divorce is caused:
1. Bigamy;
2. A person who has a spouse cohabits with another person;
3. Committing domestic violence;
Legal basis] Civil Code of the People's Republic of China
Article 1088:Where one of the husband and wife bears more obligations due to raising children, taking care of the elderly, assisting the other party in work, and so forth, 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 both parties;If the agreement is not reached, the people's court shall make a judgment.
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Summary. In the division of property, the court may reasonably divide the property of the husband and wife according to the actual situation to ensure that the legitimate rights and interests of both parties are not harmed.
The man has not earned money when he gets married, and the woman spends money, how to judge the divorce.
In the division of property, the court may reasonably divide the property of the husband and wife according to the actual situation to ensure that the legal rights of both parties are not damaged.
Hello, pro-Tanshu, <>
The principle of property division in divorce is "whose property is at the banquet and the joint property is divided equally among the branches". Therefore, at the time of divorce, the property should be divided according to the status of the spouses. <>
Hello dear, <>
If the man has not earned money in the marriage, and the property he has is purchased by the woman with money, then the man may not be able to get much property distribution in the divorce. As a law stipulates that property during marriage, regardless of who purchased it, it should be considered as the joint property of the husband and wife.
Hello, dear, if the husband and wife have reached a property agreement before the divorce, then the court will divide the property according to the instructions of Xieshiye when making a judgment. If there is no property agreement, the court will divide it according to the actual situation.
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If the husband and wife are separated for two years, and the divorced woman's own money, can the man get the woman's money in a lawsuit?
Hello, I'm happy to answer for you;The husband and wife are incompatible and have been separated for two years, and the woman is divorced, and the man can get the woman's money in a lawsuit; and divide one-half of the property. According to Article 1087 of the Civil Law 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 husbands or wives in the contracting and management of family land shall be protected in accordance with law.
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After half a year of marriage, the woman took 10,000 yuan for the man, and as a result, she divorced, whether she wants to pay the woman depends on whether the woman can prove that the money is her premarital property, if she can prove that according to the new civil law, the man has to pay it back, because this belongs to the woman's private property, and the woman has independent ownership. If the woman asks for it, the man must return it. If it cannot be proved that it is personal property before marriage, it can be regarded as joint property of the husband and wife, and the man does not have to pay compensation.
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After half a year of marriage, the woman took 10,000 yuan for the man, and the result was divorced, if the woman asked you to compensate, it was the woman's own money, and the man must compensate the woman, if it was the dowry money you gave her, she gave you what you did not need to compensate, you must figure out the woman's money, if it is the money earned by the woman herself, you should return it to her, otherwise you do not need to compensate her.
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After half a year of marriage, the woman took 10,000 yuan for the man, but did she have to compensate the woman if she got divorced? After getting married, I will give you 10,000 yuan to use. In fact, this money is the joint property of the two of you.
It doesn't matter if you don't. If it's the woman's private money. It can also be returned.
After half a year of marriage, the woman took 10,000 yuan for the man, and the result was divorced, if the woman asked you to compensate, it was the woman's own money, and the man must compensate the woman, if it was the dowry money you gave her, she gave you what you did not need to compensate, you must figure out the woman's money, if it is the money earned by the woman herself, you should return it to her, otherwise you do not need to compensate her.
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Kiss! It's not a loss, it's a return.
Although it is husband and wife, if the woman's money is not the joint property of both parties, then it should still be returned.
After all, a man and a woman are not a lot of money, and if the man can't do this, it will be too speechless.
Have a great day!
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Half a year after getting married, the woman took 10,000 yuan for you, and the 10,000 yuan belonged to the joint property of your husband and wife, not the woman's, so you don't have to lose money to the woman if you get divorced.
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1.Whether the money is used or not to be compensated to the woman depends on the situation.
2.If the woman has evidence that the money was "lent" to the man and that the money was the woman's personal property before the marriage: the husband is required to repay the loan at the time of divorce, but not compensation.
3.If the woman cannot provide evidence to prove that the money was lent to the man, and that it is her personal property before marriage:
1) If the money is obtained by the woman after marriage: it belongs to the joint property of the husband and wife, and the man does not have to pay it back when the divorce occurs.
2) Even if the money is the woman's personal property before marriage, but the woman cannot prove that it was borrowed from him, but only "given" to him: it is a gratuitous gift, and the man does not have to pay it back when the divorce occurs.
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In this case, only after the negotiation of the two parties to deal with this problem, according to normal reasoning, the money does not need to be repaid, and there is no need to compensate the other party, at this time, because the money belongs to the joint start of both parties during the marriage contract.
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If it is not the joint property of the husband and wife, it is the woman's private money or the money brought before the marriage, which is to be returned. If the 10,000 yuan is earned by your husband and wife after you get married, it is the joint property of the husband and wife, but the woman keeps it and then gives it to you for use, in this case, there is no need to pay for it. But it should be shared by husband and wife.
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Don't compensate, marriage and living together are a family, and the woman gives the man 10,000 yuan for him to use at home, and he doesn't change it if he gets divorced.
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If the 10,000 yuan is the woman's private property, then it will be returned after the divorce. The 10,000 yuan is not the joint property of the husband and wife, and the man is obliged to return it to the woman.
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Half a year after marriage, the woman took 10,000 yuan for the man to use, and finally the two of them divorced, I think this money is used for the common life of the two people, and it is not necessary to pay it back, if the man takes this into account, it is okay to compensate the woman for some It is the method and idea of the two people to deal with the problem.
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If the 10,000 yuan is from the woman's mother's house, the man should return it. Of course, it is to be restituted in the form of joint property between men and women. Because the debt of 10,000 yuan is a joint debt between men and women.
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If the 10,000 yuan is the money brought by the woman when she got married, the divorced man should compensate the woman.
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Of course, you have to pay, no matter whose money you borrow, it is natural to repay the debt.
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Half a year after marriage, the woman took 10,000 yuan for the man, although she was divorced, but after all, this was borrowed from the woman, and there may be no evidence, but she had to return the woman's money in conscience.
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After marriage, the economy is the joint property of two people. If the compensation is also a general amount.
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After more than one year of marriage, the man filing for divorce generally does not need to compensate the woman.
If the husband and wife decide to divorce, the man is generally not required to compensate the woman. However, if the husband has any of the following circumstances, the woman may request the husband to pay corresponding compensation: if the woman bears more obligations due to raising children, taking care of the elderly, assisting the man in work, etc., she has the right to request compensation from the husband at the time of divorce.
The husband shall compensate the husband by agreement between the parties. If the agreement is not reached, the people's court shall make a judgment. If the other party is not grossly at fault, there is no compensation.
There are certain conditions to be required to claim compensation from the other party at the time of divorce, and only in the case of divorce caused by the gross fault of one party, the party without fault can claim compensation from the party at fault. If there is no fault, there is no question of compensation.
In any of the following circumstances, the innocent party has the right to claim damages if the divorce is caused:
1. Bigamy;
2. A person who has a spouse cohabits with another person;
3. Committing domestic violence;
Legal basisCivil Code of the People's Republic of China
Article 1088.
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 both parties;If the agreement is not reached, the people's court shall make a judgment.
If you don't come back, this belongs to the woman who voluntarily spends money on the man, if the IOU is signed, it must be okay, if there is no IOU, you can't get the money, it belongs to being deceived by the scumbag.
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