Problems with property after divorce 10, issues with property after divorce

The above floors are all the ways to resolve disputes over the division of houses with ownership in China's Marriage Law and its interpretations, but they are not suitable for the situation you are talking about.

You first said that the owner of the house was your father, and then you said that it was a rented house.

According to what you said, I think this house should be a non-commercial house left over from the era of planned economy, although the property rights do not belong to your father, but the qualification of the tenant of the house should be your father's. So neither of your parents has the right to the house, but your father has the right to use it. Therefore, your mother cannot ask your father to vacate the house because it has nothing to do with your mother.

However, if your mother has difficulty living after the divorce or has no place to live, she can ask your father to meet the post-divorce financial compensation obligations. (Article 27 of the Interpretation of the Marriage Law (1)).

Article 19 of 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 stipulates that a house rented by one party before marriage and purchased with joint property after marriage shall be deemed to be the joint property of the husband and wife if the house ownership certificate is registered in the name of one party.

The house you are talking about belongs to the joint property of your parents, not just your father.

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.

If the house was justified before your parents got married, and it is proved that it belongs to your father, it can only belong to your father, otherwise, it is a joint marriage, and your father can of course claim cash payment if he refuses to give up the house.

Yes, it must be half of a person, no matter what the house is.

Before marriage, that is to say, the down payment and loan repayment before August 6, 09 are your personal property, that is, after the marriage is registered on August 6, all loan repayments are joint property of the husband and wife, regardless of who pays the money, and whether you live together or not. As long as the people who go to the civil ** to register, they are considered legal couples, and they are subject to the restrictions and protection of the Marriage Law.

When you get divorced, you should agree on the ownership of the property and the financial compensation, you can negotiate with the other party, explain that the loan will be repaid by you alone, and you can persuade the other party to ask for less or no compensation, but I think you used the other party's provident fund when you applied for the loan, so it is reasonable to give the other party some compensation, but the property is still yours.

You agree to go to the bank to change the procedures. After the divorce, she can also use the provident fund loan, but since she has a bank loan record, she may not be able to enjoy the discount for buying a house, and the down payment may also reach 50%, so you should also compensate her for this.

According to the provisions of the Marriage Law, if the relationship between the husband and wife has indeed broken down, a divorce may be granted. For the issue of child support, it is necessary to carefully confirm the situation of both parties from the perspective of being conducive to the child's growth, but the child during the breastfeeding period is generally awarded to the woman for support, and if it is not a lactation period, it is necessary to see that party is more suitable for the child's growth and seek the child's own opinion. The joint property and debts of the husband and wife shall be jointly owned and borne by the husband and wife, and shall generally be half of the person.

Since the agreement has been written and has legal effect, it should be enforced in accordance with the agreement, and if one party obstructs the other party from exercising its powers, the other party can file a lawsuit in court.

Advice: Marriage is a big deal, and you must be cautious about getting married!

Yes, if the husband does not agree, he can ask a lawyer to appeal.

The title deed was obtained after your marriage, and the loan was repaid after the marriage, in which case only the man's pre-marital down payment belongs to his personal property, and the rest belongs to your joint property. If you don't have a house to live in after marriage, you can ask the man to give you a one-time financial subsidy.

The legal basis is Article 17 of the Marriage Law, which stipulates that the following property acquired by husband and wife during the existence of their marriage relationship shall be jointly owned by the husband and wife:

1) Wages and bonuses;

2) the income from production and operation;

3) income from intellectual property rights;

4) Property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law;

5) Other property that shall be jointly owned.

Husbands and wives have equal rights to dispose of jointly owned property.

Several Specific Opinions of the Supreme People's Court on the Handling of Property Division Issues in Divorce Cases by People's Courts》 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 upon 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.

1. According to the provisions of the Marriage Law, the property acquired during the marriage is the joint property of the husband and wife; Theoretically, if both parties are not at fault for the divorce, or if the fault is the same, the joint property of the husband and wife is divided into "five or five", but if one party is at fault and the other party is not at fault, or if one party's fault is greater than the other's, it is not "five or five".

2. If your dad is willing to give all the house to your mom, it is completely feasible legally. It's a good idea, though, to ask your dad to write a written document.

OK. The prerequisite is that the house must be purchased.

Hello! 1. If the property is the joint property of the husband and wife, it shall be divided equally in principle in the event of divorce.

2. Legally feasible.