Divorce Property Disputes? 50

Ownership of the immovable property belongs to whoever is registered in the name.

As long as the house is purchased after marriage, it is the joint property after marriage, and it must be divided in divorce, usually half for one person.

The problem you mentioned, in fact, the key point is that the name of the property is in the name of your friend's mother, and your friend's mother is in the case of remarriage, so this point needs to be clear about one thing, that is, when your friend buys this house again, it will be attributed to the name of your friend's hen, and whether your friend's mother has remarried during this period? If you have remarried, then your friend's mother is now going to divorce, then the property will be included in the joint property of the husband and wife in the absence of other evidence, if the husband and wife divorce until the property will be divided as joint property, so if you have sufficient evidence to prove that the property was purchased by your friend, and for other reasons did not put it in your friend's name, and the second best thing is to put it in the name of your friend's mother. So it is possible that this property will not be used as the joint property of your friend's mother and girlfriend's stepfather's marriage, so what kind of proof materials should be required? In order to solve your friend's problem, first of all, did your friend have a relationship with his mother and his stepfather when he bought other properties?

Sign the statement of the house purchase agreement, the content of the statement should at least stipulate that the late arrival of the property is due to your friend's credit problem, so it is collected under your mother's name, and in addition, if possible, you must go to the notary public to notarize, so as to fully prove that the other property is purchased by your friend, not the joint property of your friend's mother and his stepfather, so that it will not be divided as joint property when your friend's mother and her stepfather divorce.

Original evidence can be provided to prove who bought the house, and the legal facts are based on whoever bought it, and it is not based on the name.

In this case, you can buy a house in your name, and although the house is registered in the name of your friend's mother, it is still your friend's. However, you need to provide evidence of borrowing your name to buy a house, including payment records, loan repayment records (the loan must be repaid by your friend, such as a monthly payment to his mother), text messages or WeChat records of previous communication with the seller to buy a house, and even testimony from the seller and the real estate agent. At the same time, ask your friend to sign a borrowed name to buy a house with his mother.

Some register the property rights of the house in the name of one of the husband and wife, or in the name of a third party such as the children and parents. When a husband and wife divorce, the identification of this type of house or stove house shall be treated differently.

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 the consensus 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 shall, on the basis of the specific circumstances of the property, make a judgment in accordance with the principle of taking care 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.

It is his father's personal property, not your husband and wife's property at all, of course, it is not considered the joint property of the husband and wife, so naturally it cannot be distributed, but after marriage, if you have to repay the loan or pay for the house, the expenditure can be distributed as property, or as a creditor's right for his father to repay.

1. Because according to the Marriage Law, for gifts before marriage, there is generally no agreement that the gift to both parties is given to one party, and for the gift after marriage, it is not said that the gift to one party is given to the husband and wife.

2. For immovable property, the principle of registration is that the house is registered in his father's name, which is naturally his father's own, and cannot be divided unless he has a written gift contract.

It is not considered marital property.

You can't get it.

Don't you know??

The divorce rate is too high right now.

Generally, the man buys a house in the name of his parents.

In this way, the children will not be able to share the house when they divorce.

The way husband and wife get along with each other Between the same husband and wife, when we first stepped into the life of marriage, it was actually for this commitment to give each other happiness. In Chinese weddings, the ancient rites are very meaningful, when a man wants to marry a woman, he must first worship heaven and earth, worship God, and also tell the married person that marriage is not only a matter of two people, marriage is a matter of two families, but also a major event of society. After marriage, the next generation who educates well will be the pillars of society, and it is definitely not just a matter of only two people, it is a responsibility to the family and society.

It is mentioned in the scriptures that marriage is "to go up to the temple of the sect of things, and to inherit the future generations", and to go to the temple of the sect of things, that is, marriage is to inherit one's own fine family way and inherit the teachings of the ancestors; To succeed the next generation is to educate the next generation. Therefore, this sentence is to always remember your parents and ancestors; To succeed the next generation, we must always educate the next generation. In fact, marriage is still inseparable from the core of our culture, filial piety.

So it's a very prudent thing to do, before going out, the father toasts his son with a glass of wine, and the son doesn't have to return the courtesy. We imagine that our father is the one we respect the most, and our father is heaven and very majestic, and we toast our father, so how can there be a reason for our father to toast us. But that day was different, the father toasted the groom on behalf of the ancestors, "Son, if you get married today, the family will be passed on to you."

And this ceremony of the marriage process, this scene is deeply imprinted in the groom's mind, and he can feel that marriage is a kind of responsibility, and it is definitely not child's play. In the process of getting married, he thought of the scene when his father toasted him, marriage is a very solemn thing, not noisy now, it is a responsibility. If the current marriage does not have this sense of responsibility, it is very fragile, and if you like it, you will come, and if you don't like it, you will pull it down.

The house is not the joint property of the husband and wife, and the property law clearly stipulates that the ownership of real estate such as a house shall be registered as an effective condition, and the house is in the name of one of the fathers before the marriage, and it may be the joint property of the parents of the party, but it may not be the joint property of the party and the other party.

Hello! Whoever is in the name on the title deed, the house is his. Not marital property. It can't be helped. Thank you.

1. There is evidence to prove that the house was purchased before you got the marriage certificate: if your name is not added to the real estate certificate, the house should be his personal property before marriage, and if you divorce now, it is difficult for you to share the property rights.

2. However, the part of the loan to be repaid after marriage: as long as there is no written agreement between you on the ownership of the property after marriage, the part of the loan repaid after marriage shall be the joint property of the husband and wife, and you have the right to claim half of the loan repaid after marriage.

3. If you get divorced after a period of time and the Supreme People's Court's interpretation of the Marriage Law is implemented according to the draft, you may be able to claim half of the corresponding property rights of the part of the loan repaid after marriage, but there is little support in the current interpretation and judicial practice.

As long as it's common, it's fine, but the loan seems to be common and should be repaid together!

The problem is that if you can provide evidence that you have been changing the loan at the time of repayment, then you will be compensated accordingly, if not, even if the value of the house has appreciated, it is not yours.