The division of property in a divorce is somewhat complicated. It is necessary to explain in detail

There is a question to be clear: did A and his ex-wife have a clear division of ownership of the house at the time of divorce? We assume that it has been clearly divided, and A had full title to the house before the second marriage:

1. In this case, it is a division of marital property, and no inheritance has occurred, so it has nothing to do with the children, so C definitely has no share (if there are factors such as minors, it is also to take proper care of the man during the division, and it has nothing to do with C);

2. According to the provisions of the "Marriage Law", the pre-marital property belongs to each of them, and the 100-square-meter house must belong to the man. The key is how the house has undergone significant changes and how it should be characterized. According to the provisions of the Marriage Law, the property during the marriage is joint property, and according to the General Principles of the Civil Law, the nature of the subject matter has changed, and the overall nature has been shared (of course, the husband has 100 square meters of ownership, and the other 200 square meters are jointly owned);

3. As far as the debt is concerned, the first is that it is impossible to provide evidence (Party B's relatives should have been right), and the second is that it is possible to pass the litigation period, and there is no point in discussion;

4. The nature is clear, and it is easy to deal with. For the valuation of the house, the man gets 1 3 + 2 3 * 1 2 = 2 3;The woman gets 2 3 * 1 2 = 1 3, and if the loan can be determined, both parties bear half of it.

5. Evidence of domestic violence by the man means that the woman can be appropriately compensated, that is, an appropriate increase on the basis of the above, and this range is determined by the court according to the nature and number of domestic violence.

6. If you increase it, there are many problems involved. First of all, it must be clarified who is the name of the real estate deed after the amendment? If it is both parties, the consent of the woman is required, and if it is only the man, then the consent of the woman is not required, but the woman has the right to appeal to the court to revoke the gift in accordance with the law.

The house was rebuilt to 300 square meters, which already belonged to the joint property of the husband and wife in terms of time, and when the property was divided in the divorce, it should be half of A and B without C's share; If Party A wants to transfer the property rights of the original red line map to son C, B needs to agree.

1. The original 100-square-meter house (with a red line map, the property right is owned by Party A) is A's pre-marital property and belongs to A.

2. Because the current 300-square-meter house is expanded after demolishing the 100-square-meter house, the joint property of the husband and wife of A and B should be the income after subtracting the part of the original 100-square-meter house. A and B each get a copy of this part, and C does not participate in the distribution.

3. A bungalow of 100 square meters is the joint property of A and his ex-wife, and C can participate in the inheritance of his mother's estate.

4. Party A does not need B's consent to transfer the property right of the original red line map to his son C, and the property right has nothing to do with B. The house should be treated as a joint house owned by A and C and their other son (as the estate was not distributed).

If it helps!!

Now it's one:

It should be a joint ownership of the property, and the price of 50,000 yuan cannot be supported by no evidence unless A admits it.

1. Division of property:

1. A's personal property is 100 square meters and two sons.

2. B has no personal property and a daughter.

3. 200 square meters of common property: A enjoys 100 square meters, and B enjoys 100 square meters.

4. Common debt of 50,000 yuan: A bears 10,000 yuan and B bears 10,000 yuan.

Property division and disposal:

1. A real estate accounts for 100 square meters + 100 square meters = 200 square meters, and the debt is 10,000 yuan.

2. B Real estate accounts for 100 square meters and debts are 10,000.

3. The property rights of the redline map belong to A's personal property: Party A does not need B's consent to transfer the property rights of the original redline map to his son C.

The property is not exactly joint property, and the previous share of Party A should be considered. Whether C has a share depends on the relevant evidence.

A's gift of pre-marital property does not require B's consent. On the issue of divorce, if the two parties successfully negotiate and reach an agreement on divorce, property division and debt bearing, they can go to the civil affairs bureau where one party's household registration is located to register the divorce; If the two parties fail to reach an agreement through negotiation, they can be resolved by litigation. You should provide relevant evidence to prove that the relationship has broken down, and you can appoint a lawyer** to the case.

From what you said, 1. If C is an adult and participates in the joint construction of the house, then the 200 square meters other than 100 square meters belong to the joint property of A, B and C after deducting the loan principal and interest; If there is no special agreement, each of the three occupies 1 3.

2. If the divorce is due to domestic violence, then the innocent party can be held liable for moral damages.

Lawyer Wei Feng.

1. If the house before the marriage is not demolished, it is pre-marital property, and if it is demolished, the rebuilt after demolition belongs to the joint property. Building debts are joint debts, and the houses built belong to the common property.

2. Domestic violence is a reason for divorce, but it is not a reason for not dividing property, and it has little impact on the division of property.

3. Party A is 200 square meters, Party B is 100 square meters, and the debt is shared.

4. If the real estate is over the house, if it is the 100 square meters before marriage, it is not required, and if it is 200 square meters after marriage, Party B needs to sign.

You can go to Zhongda Financial Lawyer Network for consultation.

The reconstructed house is owned by Party A and Party B, and Party C has no share.

The 100 square meters of pre-marital property should also be divided as joint property along with the house built later.

Check the new "Marriage Law of the People's Republic of China" first, and then go to the law firm to consult related matters!

Legal Analysis: A divorce property division agreement refers to an agreement between the husband and wife on the division of divorce property. The signed divorce property division agreement does not take effect when both parties sign it, so how to handle the notarization of divorce property before the divorce property division agreement takes effect becomes the key to ensure that the divorce property division agreement takes effect.

When solving the problem of how to notarize the divorce property division agreement, it is necessary to understand the materials, procedures, and processes required for the notarization of the divorce property division agreement.

Legal basis: Civil Code of the People's Republic of China

Article 1076:Where a husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office.

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 1077:Within 30 days of the date on which the marriage registration authority receives the application for divorce registration, if either party is unwilling to divorce, he or she may withdraw the application for divorce registration from the marriage registration authority.

Within 30 days after the expiration of the period provided for in the preceding paragraph, both parties shall apply in person to the marriage registration authority for the issuance of a divorce certificate; If the application is not made, it shall be deemed that the application for divorce registration has been withdrawn.

Article 1078 Where the marriage registration authorities ascertain that the parties have indeed divorced voluntarily and have reached a consensus through consultation on matters such as child support, property and debt disposal, they shall register and issue a divorce certificate.

Handling of the issue of property division after divorce by mutual agreement: A lawsuit may be filed with the people's court to request that the joint property of the husband and wife be divided again. The condition for requesting a redivision of the joint property of the husband and wife is that one of the spouses conceals, transfers, sells, destroys or squanders the joint property of the husband and wife, or falsifies the joint debts of the husband and wife in an attempt to encroach on the property of the other spouse.

[Legal basis].Article 1092 of the Civil Code.

Where one of the spouses conceals, transfers, sells, destroys, or squanders the joint property of the husband and wife, or falsifies the joint debts of the husband and wife in an attempt to encroach on the property of the other party, the other party may receive a small or no share of the joint property of the husband and wife when the divorce divides the joint property of the husband and wife. After the divorce, if the other party discovers that he or she has committed any of the above-mentioned acts, he or she may file a lawsuit with the people's court to request that the joint property of the husband and wife be divided again.

Article 84 of the Supreme People's Court's Interpretation (1) on the Application of the Marriage and Family Code.

The statute of limitations for a party to file a lawsuit with a people's court in accordance with the provisions of Article 1092 of the Civil Code requesting a further division of the joint property of the husband and wife is three years, calculated from the date of discovery by the parties.

The division of property in a divorce by agreement can be handled by the husband and wife through negotiation, and if the law will not interfere with the method of property division and other issues, reach an agreement, write a divorce agreement, and then go through the divorce formalities at the Civil Affairs Bureau.

Article 39 of the Marriage Law In the event 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.

1. In whose name is the property registered? If it is registered in the name of the man, according to Interpretation 3 of the Marriage Law, the house is the personal property of the man, then the woman can only demand the other party to repay half of the loan repaid during the marriage as compensation.

If the property is registered in the names of both parties, then the house is joint property. If the husband's parents state that they do not have to repay the loan, it is a gift from the parents to the spouses.

2. Determine the ownership of the property rights of the house according to the above circumstances. If everyone can negotiate, divide the property according to the negotiation between the two parties. If you want to go through the legal route, and the house is the joint property of the husband and wife, it is also legal and appropriate for the husband to give his wife 10-150,000 yuan, and there is nothing wrong with it.

3. If the money needs to be repaid, it should be a joint debt of the husband and wife. If the child is under the age of 18, the promise of repayment is invalid.

Where the property in the divorce is divided into the joint property of the husband and wife, it shall be divided equally between the two parties; If it is personal property, the other party has no right to divide it. If an agreement on the distribution of property is signed, it shall be divided according to the agreement.

Precautions for property division in divorce.

When presenting evidence to divide the joint property of husband and wife, attention should be paid to the exclusion of the personal property and family property of the husband and wife, and evidence should be collected to prove it in accordance with the scope and principle of determination of the personal property and family property of the husband and wife as defined in the Marriage Law and relevant judicial interpretations.

1) Personal property of husband and wife. The property owned by the husband and wife is generally agreed in writing, and in addition, the personal property of the husband and wife that is not agreed in writing is:

1. Article 18 of the Marriage Law stipulates:

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 due to 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 one party;

5) Other property that should belong to one party.

Other property that should belong to one party mainly refers to the property that both parties have registered their marriage, have not yet lived together, and have been purchased and used by each party; The intellectual property rights that one party has not identified at the time of divorce in which the financial benefit can be obtained; The demobilization allowance and demobilization allowance received by demobilized servicemen and demobilized servicemen before marriage, the medical allowance brought back from the army, the subsidy for returning to their hometowns for childbirth, or the demobilization allowance and transfer allowance obtained within 10 years after marriage.

Soldiers' insurance premiums, disability allowances and medical living allowances.

Before the marriage of the parties, the parents contributed to the purchase of the house for both parties and did not expressly express the gift to both parties, and the part of the parent who contributed the capital expressly expressed the gift to one party.

2) Family property. Family property refers to the sum of all property owned by each family member and jointly owned by all family members or part of the family members. It includes the property owned by the husband and wife individually, the property jointly owned by the husband and wife, the property owned by other family members other than the husband and wife, and the property jointly owned by all family members.

In the case of family property with members other than husband and wife, the property shall first be divided and the joint property of the husband and wife shall be divided from the joint family property. For issues of family property that are truly difficult to ascertain, the parties may be informed to handle the matter separately, or the divorce proceedings may be suspended, and the divorce proceedings may be resumed after the dissolution of the property case.

Legal basis: The Supreme People's Court's Interpretation on Several Issues Concerning the Application of the "Marriage Law of the People's Republic of China" (2) Article 9: Where a man and a woman repent on the issue of property division within one year of divorce by mutual agreement, and request that the property division agreement be modified or revoked, the people's court shall accept it. Where, after trial, the people's court does not discover that there was fraud or coercion at the time of entering into the property division agreement, it shall reject the parties' litigation claims in accordance with law.

A redivision of property may be requested through litigation proceedings.