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Irrationality. It is the responsibility of both people to manage children.
If the divorce is under the sole care of the woman, the man should pay for the maintenance to the woman.
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It must be unreasonable, the house, car and money should be very woman, and then the woman will be compensated for hundreds of thousands of youth losses and mental damages, and the child should be raised by the man, so that it is reasonable, if he does not agree you will not agree to the divorce!
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Two people divorce, and the house and money belong to you in the south. The child has to be raised by the woman. It's also unreasonable.
You also have the responsibility of raising children. It's not easy for women. Giving birth to a child is the worst, and raising a child is even more tiring.
If you want to be a little responsible. You should pay child support. The two of you are divorced, and the children are innocent.
Take up your responsibilities as a father.
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There is nothing unreasonable, this is just a condition for divorce, some want children and daughters, some want cars, houses and money, and if they don't agree to the conditions, they won't divorce.
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If it is unreasonable, the man must be responsible for the maintenance payment.
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It depends on how the two people negotiate, as long as both people are willing, there is no problem, the concept is that the husband and wife share the property, and it is best for the two people to divide it equally, so that both parties will have a sense of equality.
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On the face of it, it certainly doesn't make sense.
But existence justifies it!
After the divorce, they are two separate individuals. He doesn't have the authority to ask you what to do.
Do you have any other problems with each other?
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When you get divorced, these things should be dealt with, how the house and money are distributed, and how the children are raised. You know it's unreasonable, why do you want to do it, find it yourself.
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The house and car are not to be said, because I don't know the reason for the divorce and who is at fault, but if one party raises the children, the other party must pay child support.
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It depends on who the child is awarded to support, and if it is awarded to you, the man will have to pay child support!
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You can find a lawyer to consult, one party is raising the child alone, and the man will definitely have to pay child support.
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Of course, it is unreasonable, shouldn't divorce be negotiated on how to solve specific problems?
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It shall be negotiated between the two parties, and if the negotiation fails, the people's court shall make a judgment.
According to the Marriage Law of the People's Republic of China:
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.
Article 40: Where husband and wife agree in writing that property acquired during the existence of the marital relationship shall belong to each other, and one party has paid more obligations for raising children, taking care of the elderly, assisting the other party in work, etc., they have the right to request compensation from the other party at the time of divorce, and the other party shall make compensation.
Article 41: At the time of divorce, debts originally incurred by the husband and wife while living together shall be repaid jointly. If the joint property is insufficient to be repaid, or the property is owned by each other, it shall be repaid by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment.
Article 42 At the time of divorce, if one party is in difficulty, the other party shall give appropriate assistance from his or her housing and other personal property. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.
The Interpretation (II) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (Fa Shi [2003] No. 19) provides:
Article 20: When the two parties are unable to reach an agreement on the value and ownership of the house in the joint property of the husband and wife, the people's court shall handle it separately according to the following circumstances:
1) If both parties claim the ownership of the house and agree to obtain it through bidding, it shall be permitted;
2) If one party claims the ownership of the house, the appraisal agency shall evaluate the house according to the market, and the party that obtains the ownership of the house shall give the other party corresponding compensation;
3) If neither party claims the ownership of the house, the house shall be auctioned according to the application of the parties, and the proceeds shall be divided.
Article 21: Where at the time of divorce, the parties have a dispute over a house that has not yet been taken ownership or has not yet obtained full ownership and the negotiation fails, the people's court should not make a judgment on the ownership of the house, and shall make a judgment to be used by the parties based on the actual circumstances.
Where there is a dispute between the parties after they have obtained full ownership of the houses provided for in the preceding paragraph, they may separately file a lawsuit with the people's court.
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Such things can be slowly accumulated and returned to the other party.
Or sell the house and return it to the other party.
Something like this is the basic solution.
In short, you can't owe money and not pay it back.
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Known judgment: Those who tell lies are not honest people, and several conclusions can be deduced by transposing proteum reasoning, please use formulas to express them.
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Yes, hire a local lawyer, pre-marital and post-marital property preservation,
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The husband and wife divorce, the man sues for divorce, the two children belong to the man, the woman can't afford to raise them, whether she can get half of the property depends on the specific situation, such as the age of the child, wait for the court's decision, if the woman loses her job because of the children, etc., she can still share more property. In addition, if the man claims, the woman needs to pay child support!
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The joint property between the husband and wife can be divided equally, and other things are not negotiated.
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See if the property is marital property.
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See if you have notarized your property before you get married, and whether it is your property after marriage.
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If the woman is not at fault, the property should be divided. It depends on your specific situation, and the details can be answered by the legal partner.
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This is in accordance with the law.
As long as it is joint family property.
Need to divide it evenly.
It doesn't matter who manages it.
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Fan Wen plaintiff: Zhang, female, born on March 13, 1963, Han nationality, business manager of the company, address: Huayuan Building, City Road;
Defendant: Li, male, born on December 9, 1962, Han nationality, employee of the company, address as above.
Litigation request: Request for the dissolution of the marriage relationship between the plaintiff and the defendant in accordance with the law.
Facts and Reasons:
At the beginning of 20, the plaintiff filed a divorce lawsuit, and in March of the same year, the district people's court transferred it to your court for trial, and in the (20) No. 1 civil judgment, it has been ascertained that the original defendant has been separated from each other for 20 years due to emotional discord, although your court hopes that the defendant can cherish an opportunity to improve the relationship between husband and wife in this judgment, but for more than half a year, the situation of the original defendant is still the same, and the relationship between the husband and wife has indeed broken down and cannot be repaired. For this reason, the plaintiff filed a lawsuit again in accordance with the law for the marriage relationship that had already existed in name only, requesting your court to grant a divorce in accordance with the law.
Sincerely, the People's Court.
Person: YYYYYYYYYYYYYYYYYYYYYYYYYY
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The marriage has been dissolved, and now it is a cohabitation relationship, and the money and property have been spent, and it is impossible to claim it.
The legal basis is the Interpretation (II) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China
Article 1: Where parties file a lawsuit requesting the dissolution of a cohabitation relationship, the people's courts will not accept it. However, the cohabitation relationship requested by the parties to be dissolved falls under the provisions of Articles 3, 32 and 46 of the Marriage Law"A person who has a spouse cohabits with another person"and the people's court shall accept it and lift it in accordance with law.
Where parties initiate litigation due to disputes over the division of property or child support during the period of cohabitation, the people's courts shall accept it.
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In the case of divorce between husband and wife, the property can only be divided according to the property remaining at the time of divorce.
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