Seek help!!! How to divide the property in case of divorce? 30

Generally, one and a half, depending on the situation.

In the case of pre-marital property, it belongs to the party who purchased it, in the case of post-marital property, it is generally divided equally, and in the case of divorce by mutual agreement, it is determined by the content of the agreement.

Since you have not described the specific situation of the property, you can only provide you with the provisions of the Marriage Law of the People's Republic of China on the joint property of husband and wife.

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:

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.

Article 18: In any of the following circumstances, it is the property of one of the husband and wife:

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 as a result of 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 the exclusive use of one side;

5) Other property that shall belong to one side.

Article 19: Husband and wife may agree that property acquired during the existence of the marital relationship and property before marriage shall be owned separately or jointly, or partly separately or partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is unclear, the provisions of articles 17 and 18 of this Law apply.

The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is binding on both parties.

If the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the third party, the debts shall be paid off with the property owned by the husband or the wife.

There are many situations in which divorce property is distributed, and it is recommended to bring relevant materials to the law firm for face-to-face consultation.

You need to be specific about the nature of the property you are talking about.

If it is jointly owned by the husband and wife and there is no agreement on the proportion of shares, in principle, it will be distributed equally.

If it is personal property, it should not be distributed.

A house purchased jointly after marriage or with the funds of one party is the joint property of the husband and wife. In the event of a divorce, the two people share the burden: one and a half.

The party who gets the house pays the other party the equivalent value of the house. The property of one of the parties before the marriage was personal property and remained in the possession of the individual at the time of the divorce; However, the part of the repayment after the marriage that has not been paid before the marriage belongs to the joint property of the husband and wife, and is divided equally between the divorce. The house unilaterally donated or purchased by one of the parents before or after marriage for their children belongs to the unilateral ownership of the donee and is not the joint property of the husband and wife.

In the event of divorce, it shall be unilaterally owned by the giftee.

One of the situations in which a divorced house is divided is that both parties only have one house, and both parties can claim the ownership of the house and the discount, and if one party takes ownership of the house, then the other party needs to pay the discount.

The house bought after marriage, regardless of whether it is in your name or not, belongs to the property after marriage, and it is divided equally, and the house bought before marriage belongs to the individual according to the current marriage law!

What you asked is too general, before marriage belongs to the individual, and after marriage, the house is common property, which is generally divided equally.

Negotiation between the parties. If the negotiation fails, it will be divided according to the joint property after marriage.

As long as you buy it after marriage, it is either paid by one parent or your joint property, regardless of whether your name is on the real estate deed or not.

If one parent pays the money alone, and the name of one person is written on the real estate deed, then the property is one person.

Hello, pre-marital property is owned by individuals. However, after marriage, due to the joint repayment part, if there is no agreement, it is generally treated as joint property. In other words, the house belongs to you, but you may need to give the other party some compensation.

All other property income of the parties during the marriage shall be included as joint property, half of which shall be made by one person. As for whether it is the party at fault, relevant evidence is required.

Thank you for adding: I don't want to agree to the transfer because the previous divorce agreement said that the property belongs to her, and now.

1. According to the divorce agreement, the court will award the property to the wife and decide to transfer the property within a time limit; 2. Expiration is not due.

The pre-marital property belongs to oneself, but your house involves the issue of repayment after marriage, and generally the part of the repayment after marriage belongs to the joint property of the husband and wife, and the joint property after marriage is divided in the event of divorce. If you do not have a written agreement, even if you realize that you have been married until now, the economy has always been in charge of each other, and it is also to be divided together with the joint property. Unless you can prove that the money is not your joint property.

Of course, these properties should be physically present and not a numerical reflection of the pay slip.

1. If after you get married, your father transfers the enterprise and real estate to you in your name, and there is no special statement that it is for you personally, it is generally regarded as the joint property of the husband and wife, and after the new judicial interpretation of the Marriage Law is promulgated, it may be beneficial to you and may be regarded as your personal property;

2. During the existence of the marital relationship, if the woman comes to work in the enterprise, if the shareholders of the enterprise are not changed, it will generally not affect your shares in the enterprise, but the income obtained by you from operating the enterprise should be the joint property of the husband and wife, and at the same time, the income of the woman is also the joint property of the husband and wife;

3. You are only a shareholder of the enterprise, the property of the enterprise is independent, and you enjoy the shares of the enterprise, if according to the current regulations, "there is no special statement for you personally", then, half of the shares in your name should also belong to the woman;

4. If one of the husband and wife cohabits with a third party, the divorce can be claimed for compensation without fault, but in fact, it will not affect the division of property too much.

If you still don't understand, you can consult in detail!

If the property of the father and wife is joint property after marriage, if you go to a notary office to notarize it and make a certificate in advance, then if you divorce it, it can be distributed according to the prior agreement. The law is nothing more than human affection!

Hehe, it's very thoughtful, once you get married, all the property is owned by both of you.

However, the problem of the factory depends on who the designated legal representative is. You can find out more about this.

The simplest thing is to convert the above-mentioned property into your personal property before marriage, so that it will become your personal pre-marital property, and even if you divorce, there will be no problem of dividing the joint property of the husband and wife.

The main thing about the house is to transfer the ownership first, and the main thing about the business is to turn the shareholders into you. Of course, it is also possible for your parents to write a will, which clearly states that if they die, all the property will be inherited by you personally, and there is no relationship.

However, given that you are both getting married, it is advisable to respect each other, put feelings first, and don't care too much about property, otherwise, it will not help your relationship much.

It won't affect you. The new marriage law is good for you. In short, you won't suffer, and getting married is considered to be a service.

1. If the license of the hairdresser belongs to both of you, the property can be divided equally. The investment of 500,000 yuan from the woman's mother is treated as a creditor's right, and you and the woman bear half of it.

2. You have evidence to prove (I have a house, my mother-in-law asked me to sell it, and it was 500,000 yuan at that time, which was kept by my mother-in-law), and the house money belongs to your personal property before marriage. Claim restitution.

Legal basis: Marriage Law of the People's Republic of China.

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:

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.

Article 18: In any of the following circumstances, it is the property of one of the husband and wife:

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 as a result of 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 the exclusive use of one side;

5) Other property that shall belong to one side.

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.

If you and your wife (or mother-in-law) have no partnership agreement to open a hairdresser, the hairdresser is the wife's pre-marital property. If there is an agreement between the two parties, the woman contributes the funds and you contribute the technology, it will be regarded as partnership property, which can be divided in the divorce and can continue to operate in the partnership.

Your pre-marital property is your personal property and should be your personal own. However, since the house has been sold and the money is kept by your mother-in-law, it is more difficult to determine the nature of the money, and outsiders (including the judge, of course) may consider it a gift.

The business profit after the marriage is the income of the husband and wife during the marriage, which is the joint property and should be divided in half. The operating profit before the marriage is the income of the owner of the beauty shop and is not the joint property of the husband and wife.

In addition, if the owner of the beauty shop is your wife or your mother-in-law, if it is your mother-in-law, the operating profit of the beauty shop belongs to your mother-in-law.

The above opinions are for reference.

Divorce can only divide the joint property of the husband and wife, not the pre-marital property. The husband buys the house in full before marriage, and when the divorce occurs, the property belongs to the man; The husband takes out a loan to buy a house before marriage, and the part of the joint loan repayment is divided according to the joint property of the husband and wife.

The investment of 500,000 should go to your mother-in-law; But the 500,000 yuan of the house you sold should belong to you; The income from business is jointly owned by both husband and wife, and in principle, 50% is owned by each spouse.

The divorce court's decision is that the two persons divide the joint property equally.

If your parents divorce, only the joint property of your parents will be distributed, and if your name is written on the property, it will be regarded as your personal property and will not be distributed in the divorce. According to Article 20 of the Marriage Law of the Supreme Court, "if the two parties cannot 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 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 allowed; (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.

Dispose. You and your sister are both adults, and the divorce only deals with the maintenance of minors, so it will not involve the maintenance of your children and independent living.