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Absolutely, bring the car.
Bring a neighbor or helper, and go.
own divorce house, put.
Pull back all your own stuff.
Well, no one is stopping you.
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It's me, since I have completed the divorce certificate, I will not go to their house, and then ask for my so-called pre-marital property, except for the house, I should put forward my own things when the student divorces, and then sign the divorce after I have done all this, instead of taking the certificate after the divorce is handled, and then go to recover the so-called pre-marital property that belongs to me.
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This is okay, if it has been discussed, just go and ask for it.
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If you don't solve these problems before the divorce, you can negotiate to solve them after the divorce, but the difficulties are greater.
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I don't think there's a legal basis for this, because this kind of thing has to be dealt with before getting married.
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Why don't you discuss it before the divorce, and it will be very difficult to go back after the divorce.
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After they are all divorced, how did the two agree to divorce? Or is it a matter of going to court for divorce? I haven't explained it yet.
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After receiving the divorce certificate, you can also go to the man's house to ask for your premarital property. If the man refuses to give, then you should stop your behavior.
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After receiving the divorce certificate, of course, she can go to the south and ask for her pre-marital property back, after all, it is pre-marital property, so it is impossible for her to occupy it.
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One party's pre-marital property, according to the law, is the personal property of one party and will not be divided in the event of divorce, but this does not mean that one party cannot give his or her personal property to the other party at the time of divorce. Of course, one party can give his or her personal property to the other party at the time of divorce, which is essentially a gift, and the law does not prohibit such behavior, allowing the parties to exercise autonomy of will. For the joint property of the husband and wife, in the event of divorce, the joint property of the husband and wife shall be disposed of by agreement of both 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.
1. How to divide the property donated by the parents before marriage.
Property gifted before marriage is the personal property of one of the parties and cannot be divided in the event of divorce. In the event of a divorce, only the joint property needs to be divided.
The joint property of the husband and wife in the event of divorce 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.
2. Whether the pre-marital property can be distributed among the children.
Pre-marital property, children generally cannot be distributed. Because pre-marital property belongs to the personal property of both husband and wife, not only the minor has no right to divide it, but also the husband and wife cannot divide the property of the other party. Of course, minors can also obtain their parents' premarital property through gifts from their parents, etc., and are protected by law.
According to the regulations, 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. 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.
Article 1087 of the Civil Code.
In the event of divorce, the joint property of the husband and wife Zhen Bu Zheng 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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Summary. Hello dear! We'll be happy to answer for you; For example, if one party fully contributes to buy a house before marriage, and the property registered in his name is personal property, when the property is divided in divorce, the house belongs to the pre-marital property of one party and does not participate in the division of the joint property of the husband and wife.
The house bought before marriage, the real estate certificate done after marriage, does the man have the right to divide the house in the event of divorce?
Hello dear! We'll be happy to answer for you; For example, if one party fully contributes to buy a house before marriage, and Xunhuai is registered in its name as a personal property, when the divorce property is divided, the house belongs to one party's pre-marital property and does not participate in the division of the joint property of the husband and wife.
Legal basis: Article 1063 of the Civil Code of the People's Republic of China The following property is the personal property of one of the husband and wife: (1) the premarital property of one party; (2) Compensation or compensation received by one party for personal injury; (3) The property transferred by the will or the gift contract of the person who has decided 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.
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The pre-marital property can be returned to the woman after the divorce, and as long as the property rights are not transferred, the donor may revoke the gift in accordance with the law after the divorce. If the property rights have been transferred, for example, the donated immovable property has been registered, the pre-marital property donated to the woman cannot be returned after the divorce.
Article 1063 of the Civil Code [Personal Property of Husband and Wife] The following property is the personal property of one of the husband and wife: (1) the premarital property of one party; (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.
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This house belongs to his personal property, because this house was bought by him in full, and it is his pre-marital property and has nothing to do with the other half.
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Yes, it belongs to pre-marital property, and it is impossible to have a fair and just division with the other party at the time of divorce, it will only belong to the man and has nothing to do with the woman.
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If there is no notarization before the marriage or your name is not on the property book, then the house will still belong to the man's personal property after the divorce.
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Legal analysis: If the property is a house purchased by the husband in full before the marriage, the house is the personal property of the man before the marriage, and the woman has no right to divide it when the divorce occurs; If the house is a property purchased with a pre-nuptial mortgage, the property is joint property and can be divided by the court in the event of a divorce.
Legal basis: Article 1062 of the Civil Code of the People's Republic of China The following property acquired by husband and wife during the existence of the marital relationship is the joint property of the husband and wife and shall be 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) Property donated by those who inherit or change their lives, 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.
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Pre-marital property, whether man's or woman's, is their personal property and is not part of the joint property of the husband and wife. However, if the woman also participates in the repayment of the loan after marriage, then she can claim her rights.
[Legal basis].According to Article 106 of the Civil Code, which came into effect on January 1, 2021, Article 13.
The following letter quietly lists the property as the personal property of one of the spouses:
1) the pre-marital property of one of the parties;
2. Hail code) 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.
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Summary. Hello dear! We're glad we can answer for you! <>
The divorce marriage certificate can be divorced at the man's house. If you want a divorce and the marriage certificate is not with you, you can go to the original marriage registration authority with your household registration book and ID card to ask for a certificate of marital relationship, and you can go to the court to sue for divorce with the certificate of marital relationship.
Can I get a divorce if the divorce marriage certificate is in the man's house?
Hello, be careful! Na Tu is happy to answer for you! The divorce marriage certificate can be divorced at the man's house.
If you want a divorce and the marriage certificate is not with you, you can go to the original marriage registration authority with your household registration book and ID card to ask for a certificate of marital relationship, and you can go to the court to sue for divorce with the certificate of marital relationship.
The process of litigating divorce:1to the people's court, Sui Min filed a lawsuit with the court; 2.
Prepare divorce materials, such as the indictment requesting divorce, household registration booklet, ID card, marriage certificate; 3.After the case filing hall Qingxiang reviews and meets the conditions for case filing, and the case is approved, the case filing court will issue a notice of case filing; 4.transfer the case to the Civil Division, which will hear it; 5.
issue a summons to the other party to appear in court at a certain time; 6.mediation by the courts; 7.The court makes a judgment granting or not granting a divorce through the ** trial.
This is very unnecessary, because it is relatively irresponsible for both parties, and if you are divorced, you have to let go of each other and let each other find their own happiness, and there is no need to force them to live together. <>
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