What should I do if I buy a car after the divorce and the other party comes to make trouble

Updated on society 2024-06-18
4 answers
  1. Anonymous users2024-02-12

    See how long have you been divorced? When you get divorced, you have given what you should have given and what you should have promised to give, so you don't have to pay attention to it, you really can't do it, find a police uncle.

  2. Anonymous users2024-02-11

    1. What should I do if the car I bought after marriage is divorced?

    1. If the ownership is not notarized and clarified when buying a car, it belongs to the joint property after marriage, which should be jointly owned by both husband and wife, and divided equally in the event of divorce. In the event of a division of property in a divorce, the motor vehicle may be owned by the user and compensated to the other party at a discounted price. If neither party claims ownership of the vehicle, the two parties may divide the actual ** price of the vehicle in equal amounts.

    2. Legal basis: Article 1087 of the Civil Code of the People's Republic of China.

    In the event of a divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the financial judgment and property, and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.

    The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

    2. What is the process of divorce by agreement?

    1. Application. Both parties must apply in person to the marriage registration authority where one of the parties is registered, and they must not entrust another person**. When applying, each party shall present a certificate of household registration, a certificate of resident status, a letter of introduction issued by the unit, village, or residents' committee, a divorce agreement, a marriage certificate, etc., so that the registration management authority can ascertain the identity of the parties and determine jurisdiction.

    2. Review. After accepting the parties' application for divorce registration, the marriage registration authority shall conduct a review within one month, and in the course of the review, shall have a comprehensive understanding of the content of the agreement, paying particular attention to whether the parties' expression of intent to request divorce is genuine, and whether matters such as child support, assistance to one of the spouses in their daily difficulties, division of property, and debt handling are appropriate.

    3. Dress up and remember. After examination by the marriage registration management authority, those who meet the requirements for divorce shall be registered, issued a divorce certificate, and the marriage certificate shall be cancelled; Where the statutory requirements are not met, the reasons for the refusal to register shall be explained in writing, and the relationship between husband and wife shall be dissolved from the time the parties receive the divorce certificate. If one of the parties to a divorce fails to perform its obligations in accordance with the divorce agreement, the other party may file a civil lawsuit in the people's court.

    4. Revocation. Where a party applying for divorce obtains a divorce registration by deception or fraud, the marriage registration management organ shall revoke the divorce registration, declare the dissolution of the marriage relationship invalid to the divorced party and withdraw the divorce certificate, and if the party believes that it meets the requirements for divorce, it may apply for administrative reconsideration in accordance with the law, and if it is not satisfied with the reconsideration decision, it may file an administrative lawsuit in accordance with the law.

  3. Anonymous users2024-02-10

    1. What should I do if I want to buy a car during the divorce period?

    1. If you want to buy a car during the divorce period, you can buy it with your own property, which is personal property, and the court has no right to require the husband and wife to divide it equally. According to the relevant laws and regulations, if the husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

    2. Legal basis: Article 1079 of the Civil Code of the People's Republic of China.

    Where one of the spouses requests a divorce, the relevant organizations may conduct mediation or directly file a divorce lawsuit with the people's court.

    People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

    In any of the following circumstances, if mediation fails, a divorce shall be granted:

    1) bigamy or cohabitation with another person;

    2) Committing domestic violence or abusing or abandoning family members;

    3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

    4) Separated for two years due to emotional discord;

    5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

    Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

    Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

    2. What materials do you need to buy a car?

    1. If you buy a car in full, you only need to buy the ID card, driver's license, and bank card of the person;

    2. If you are taking out a loan to buy a car, you first need to fill out the car loan application form, generally speaking, the important information in **, such as age, repayment ability, etc., will be an important condition for you to apply for a loan successfully or failing. ID card, driver's license, and bank card are still required materials, and according to the specific file requirements of banks or financial institutions, they may be required to provide proof of income, bank statements, guarantor information, and other materials.

  4. Anonymous users2024-02-09

    Legal analysis: During the prosecution period, if one of the husband and wife wants to buy a car, he can use his own personal property to buy the car, and this part of the court has no right to require the husband and wife to divide it equally.

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

    Article 1062:The following traces of property acquired by husband and wife during the existence of their marital relationship are the joint property of the husband and wife and are jointly owned by the husband and wife

    1) Wages, bonuses, and remuneration for labor services;

    2) the income from production, operation and investment;

    3) income from intellectual property rights;

    4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law;

    5) Other property that shall be jointly owned.

    Husband and wife have equal rights to dispose of joint property.

    Article 1063 The following property shall be the personal property of one of the husband and wife:

    1) the pre-marital property of one of the parties;

    2) Compensation or compensation received by one party for personal injury;

    3. Naiming) property that is determined to belong to only one party in a will or gift contract;

    4) Daily necessities for the exclusive use of one side;

    5) Other property that shall belong to one side.

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