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Your husband and wife have divorced, how can the property still be joint property? Why is there no division? Even if a man brings back a woman to live in, there is nothing illegal about it, because there is also a man's property in it.
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Buying a house in the name of your children, that is your child's house, if you are divorced or not, it has nothing to do with the house, even if you are divorced, it is not the joint property of your husband and wife, but the property of your children! You are divorced, the children are still your children, do you still want to change the house you bought for the children to your name? Do you want to divide your children's house to you because you are divorced?
Besides, even if the property is not in the name of the child, but in the name of your original husband and wife, if it is your joint property after the divorce, what do you want to do? You can't take your share of the house away, and the children are all adults, don't you leave them to the children? Again, even if you count your joint property, when you are both old, won't your children inherit your share of the house?
So the house you bought for your children is your children's house, and it is not your husband and wife's joint property! [Social phenomena, family problems, comprehensive observation, comprehensive analysis. Please pay attention to the goodness of Liu! 】
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Summary. Hello, the divorced house of the two couples has the right of residence of the woman, and it is not allowed to take other men to live. Whether the occupant can allow other people to live depends on whether the occupant and the owner of the house have relevant agreements, and if there is no agreement on the requirements for residence, the rights and obligations of the occupant shall be determined in accordance with the standard of occupying and applying the house to meet the needs of residence.
The purpose of the establishment of the right of residence is to meet the requirements of living and residence, and different people have different standards for living and residence, and the law does not make special restrictions on the conditions and requirements for people's residence in specific circumstances, so that people can agree on their own residence requirements for the person with the right of residence.
Hello, the divorced house of the two couples has the right of residence of the woman, and it is not allowed to take other men to live. Whether the occupant can allow other people to live depends on whether the occupant and the owner of the house have relevant agreements, and if there is no agreement on the requirements for residence, the rights and obligations of the occupant shall be determined in accordance with the standard of occupying and applying the house for the purpose of meeting the residential needs under normal circumstances. The purpose of the establishment of the right of residence is to meet the requirements of living and residence, and different people have different standards of living and residence, and the law does not make special restrictions on the conditions and requirements of people's residence under specific circumstances, so that people can agree on their own residence requirements for the person with the right of residence.
The right of residence is the right of a specific citizen to use a house that he or she enjoys for living in and living in a house that he or she legally occupies, and that excludes illegal interference by others. The nature of the right of residence is mainly manifested in the following seven aspects: 1. As an independent usufruct system, the right of residence belongs to the right of property and is a kind of other property right.
Since the owner of the right of residence can directly exercise his rights over the house, but the owner of the dust refers to the shack house has no obligation to take active action for it, the right of residence is a right in rem. At the same time, since the right of residence is only set on the house owned by others, the right of residence belongs to other property rights.
Yes if you have already divorced.
The house is the name of the child, and the child is also supported by me.
This is possible, and you have control over the property after a divorce.
I have the power to let the child in, but the boyfriend can't live there.
It's okay for you to get divorced, it's legal but not reasonable.
You can negotiate.
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Summary. 1. Illegal acts, also known as "invalid acts", are a kind of illegal acts, and are also acts that violate the provisions of the law, according to the nature of the violation, the illegal acts can be divided into criminal violations, civil violations, economic violations, administrative violations, etc.; According to the degree of harm to society, illegal acts can be divided into ordinary illegal acts and serious illegal acts. 2. Legal basis:
Article 3 of the Criminal Law of the People's Republic of China [Criminality of Crimes]Where the law expressly provides that it is a criminal act, it shall be convicted and sentenced in accordance with the law; Where the law does not expressly provide for criminal conduct, it must not be convicted and sentenced.
Hello, legitimately. The man lives in the house of a divorced woman, and the house is a property owned jointly by the former husband and wife, legally. There is no illegal act in this case!
1. Illegal acts, also known as "invalid acts", are a kind of illegal acts, and are also acts that violate the provisions of the law. According to the degree of harm to society, illegal acts can be divided into ordinary illegal acts and serious illegal acts. 2. Legal basis: Article 3 of the Criminal Law of the People's Republic of China [Criminality of the People's Republic of China] Where the law clearly stipulates that it is a criminal act, it shall be convicted and punished in accordance with the law; Where the law does not expressly provide for criminal conduct, it must not be convicted and sentenced.
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Summary. Hello dear, <>
It is legal for a man to live in a divorced woman's house, and the house is jointly owned by the former husband and wife, and if the divorced woman does not agree, it is not legal for the man to continue to live! According to Article 36 of the Marriage Law of the People's Republic of China, "after divorce, the ownership, use and disposal rights of the husband and wife over the joint property shall be determined in accordance with the provisions of this Law and the agreement of both parties.
Therefore, the house in which the divorced woman is a property jointly owned by the former husband and wife, and it is not legal for a man to live in it.
It is legal for a man to live in a divorced woman's house, and the house is jointly owned by the former husband and wife.
Hello dear, <>
It is legal for a man to live in a divorced woman's house, and the house is a property jointly owned by the former husband and wife, and if the divorced woman does not agree, it is not legal for the man to continue to live! According to Article 36 of the Marriage Law of the People's Republic of China, "after divorce, the ownership, use and disposal rights of the husband and wife over the joint property shall be determined in accordance with the provisions of this Law and the agreement of both parties.
Therefore, the house in the house of the divorced woman is a property jointly owned by the former husband and wife, and it is not legal for the man to live in the staring core.
Legal basis: Article 1062 of the Civil Code of the People's Republic of China The following property acquired by the husband and wife during the existence of the marital relationship shall be 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) the proceeds of intellectual property rights; (4) Inherited or donated property, except as provided for in Article 1063 (3) 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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Summary. Article 366 of the Civil Code stipulates that the owner of the right of residence has the right to occupy and use the residence of another person in accordance with the contract, so as to meet the needs of life and residence. Article 367:To establish the right of residence, the parties shall conclude a contract for the right of residence in writing.
Article 368:The right of residence is established free of charge, unless otherwise agreed by the parties. Where the right of residence is established, an application for registration of the right of residence shall be made to the registration authority. The right of residence is established at the time of registration.
Glad your question, yes, that's your private property and you have the right to do so.
Extended information: 1. The subject of the right of residence is a specific citizen, that is, a citizen who has a legal basis to occupy a house in front of the house. 2. The object of the right of residence is limited to the house.
Such as the lessor's house. 3. The right of residence is a kind of usufructuary right. The use of the house by the occupant shall be limited to the purpose of residence.
It is a type of dominance. 4. The acquisition of the right of residence shall have a statutory basis or the relevant contract. 5. The acquisition of the right of residence shall be registered and protected by the laws of the state.
Article 366 of the Civil Code stipulates that the owner of the right of residence has the right to occupy and use the residence of another person in accordance with the contract, so as to meet the needs of life and residence. Article 367: In order to establish a register of the right of residence, the parties shall conclude a contract for the right of residence in writing. Article 368 provides that the right of residence shall be established free of charge, unless otherwise agreed by the parties.
If a state citizen establishes the right of residence, he or she shall apply to the registration authority for registration of the right of residence. The right of residence is established at the time of registration.
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After the divorce, if the woman requests temporary residence on the grounds that she has no house to live in after the divorce, it may be supported on the basis of the circumstances after verification, but generally not more than two years.
According to the Supreme People's Court's "Several Specific Opinions on the Handling of Property Division Issues in the Trial of Divorce Cases by the People's Courts", it is provided:
People's courts hearing divorce cases shall follow the "Marriage Law of the People's Republic of China", the "Law of the People's Republic of China on the Protection of Women's Rights and Interests", and other relevant laws and regulations, to distinguish between personal property, joint property of husband and wife, and joint family property, adhere to the principles of equality between men and women, protect the lawful rights and interests of women and children, take care of the innocent party, respect the wishes of the parties, and facilitate production and life, and resolve them in a reasonable and reasonable manner. On the basis of the above principles, combined with trial practice, the following specific opinions are put forward:
14. Where the house lived in during the marriage is owned by one party, and the other party requests temporary residence on the grounds that there is no house to live in after the divorce, it may be supported on the basis of the circumstances after verification, but generally not more than two years.
If the party without a house has real financial difficulties in renting a house, the party who enjoys the property rights of the house can give one-time financial assistance.
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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:
salaries, bonuses;
income from production and operation;
proceeds from intellectual property rights;
property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law;
Other property that should be jointly owned.
Husbands and wives have equal rights to dispose of jointly owned property.
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Summary. Usually, the way to protect and protect the rights of marital property disputes is to negotiate and sign a prenuptial property agreement with the other party, or when the joint property is threatened, you can apply to the people's court for property preservation. In addition, a lawsuit can be filed directly with the people's court.
If a divorced man finds a divorced woman to have children, the property is not considered joint property.
Hello, what you mentioned is aimed at the property and debts incurred for the establishment of the marital relationship, the division of marital property ownership and the division of property ownership and the intersection of debt disposal, which will generally involve the identification of joint property, the division of common property, divorce compensation, post-divorce property separation procedures, and the legal responsibility of one party to transfer the joint property of the husband and wife to protect their rights. Depending on the circumstances of the case, the impact on the outcome will also vary.
The work was also done for him, the social security was bought for him, the rent and living expenses were half of the two, and the woman proposed to break up, how to deal with this.
Usually, the protection and protection of marital property disputes is mainly to negotiate and sign a prenuptial property agreement with the other party, or when the joint property is threatened, the company may apply to the people's court for property preservation. In addition, a lawsuit can be filed directly with the people's court.
If you don't have a marriage certificate with him, is it considered joint property?
Belong. Belongs, what does it mean.
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Today I will share with you the problem of how to check the transfer of property in divorce. In divorce cases, according to the principle of who asserts and who bears the burden of proof, if one of the spouses claims that the other party has maliciously transferred, hidden, damaged or sold the joint property, the husband and wife shall provide the court with corresponding evidence; If the other party does not cooperate, it may apply to the court to collect relevant evidence, but relevant clues should be provided, such as the other party's ID number, bank, real estate address, etc. (1) Pay attention to the status of family property and prevent the other party from transferring funds in the name of "honoring parents" or "foreign investment"; Pay attention to equity investments held in the name of one of the spouses, insurance policies, etc. >>>More
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