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The house belongs to your parents, and divorce does not participate in the division.
Debts are shared by both husband and wife.
If the children belong to you after the divorce, you can ask your wife to share in the child's maintenance and education expenses.
Because your wife gambles, you can give evidence to prove that it was because of her that caused the divorce, and you can ask her to divide the property less or even no to punish her.
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Note that according to the provisions of the Marriage Act, the man may not file for divorce during the woman's pregnancy, within one year after childbirth, or within six months after the termination of pregnancy, unless the court deems it necessary. Your wife gave birth in October last year, at least now you can't file for divorce without a special reason.
In addition, you said that your wife's gambling is not the kind of ordinary mahjong player, right? I'm afraid that doesn't count as a condition for you to ask for more property.
There is no doubt about the problem of the house, it is the property of your parents.
In addition, the Marriage Act stipulates that after divorce, the children who are breastfeeding shall be raised by the nursing mother. Unless you can prove that your child is better off with you for his or her physical and mental health.
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First of all, the question you added:
1. There is a relationship, the house is immovable property, and the immovable property is subject to the principle of registration. Your name written on the title deed is your house.
2. It's not a small amount. I don't know where you are, but it's all pretty much the same. Article 9 of the Shandong Provincial Regulations on the Prohibition of Gambling:
Where any of the following acts are not sufficient for criminal punishment, they are to be detained for up to 15 days in accordance with the provisions of the "Regulations of the People's Republic of China on Public Security Administration Punishments", and may be fined between 200 and 3,000 RMB, either alone or concurrently:
1) Participating in gambling, gambling more than 400 yuan on the spot or more than 100 yuan per capita;
2) Inviting or inducing others to gamble;
3) Setting up a game to defraud money by means of gambling;
4) Providing venues, gambling equipment, gambling funds, accommodation, transportation, and other conditions for gambling activities;
5) Harboring or harboring gambling personnel;
6) Patrolling for gambling activities, where the circumstances are more serious.
The Supreme People's Court and the Supreme People's Procuratorate Interpretation on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Gambling stipulates that:
Article 1: In any of the following circumstances for the purpose of for-profit, it is "gathering crowds to gamble" as provided for in Article 303 of the Criminal Law:
1) Organizing gambling with 3 or more people, and the cumulative amount of profits from the rake reaches 5,000 yuan or more;
2) Organizing 3 or more people to gamble, and the cumulative amount of gambling funds reaches 50,000 yuan or more;
3) Organizing gambling with 3 or more people, and the cumulative number of gambling participants reaches 20 or more;
4) Organizing 10 or more citizens of the People's Republic of China to gamble abroad, and collecting kickbacks or referral fees from them.
Article 2: Establishing gambling on a computer network for the purpose of making profits, or serving as a gambling company and accepting bets, is "opening a casino" as provided for in Article 303 of the Criminal Law.
Article 3: Where citizens of the People's Republic of China gather to gamble or open casinos in surrounding areas outside the territory of our country, with the aim of attracting citizens of the People's Republic of China as the main source of customers, and the crime of gambling is constituted, criminal responsibility may be pursued in accordance with the provisions of the Criminal Law.
As for debt, if you run a company, the income is mainly for the maintenance of the family.
It should be borne jointly, otherwise it is up to you.
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Is it embezzlement now, or is it misappropriation of funds? It's hard to say. If there must be no way to repay the money, it is best to find a good lawyer to arrange your affairs first.
I said that since you are ready to be found guilty, now find a lawyer to help you as soon as possible, think of a way, if you are sued by the company, you can immediately intervene and help you defend your guilt or innocence.
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