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If the man knows that the woman owns the ** at the time of divorce and does not ask for a division, there will be no distribution rights in the south after two years of divorce. If the man has evidence that the woman concealed her ** at the time of the divorce, then he can claim ** from the woman within 2 years from the time when the man knew that ** existed.
Even if the man has the right to divide this **, it is calculated according to the market value 5 years ago, not the current value.
It is suggested that the man should go to the court to sue, and if he presents evidence, you can respond to the lawsuit.
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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.
Non-common 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.
Therefore, it should be divided into 2 aspects The income during the existence of the ** can be distributed according to the joint property, and after the divorce, there is no common property. If there is anything unclear you can add, I will give it to you.
Added: **The flow of funds is available on a date according to that.
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Legal analysis: those who have a will inherit according to their will, and those who have no will inherit according to legal procedures. The estate is inherited in the following order:
1) First order: spouse, children, parents; (2) Second order: siblings, grandparents, maternal grandparents.
After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not inherit; If there is no first-order heir, the second-order heir shall inherit.
Legal basis: Civil Complaint Code of the People's Republic of China
Article 1123: After the commencement of inheritance, it shall be handled in accordance with the statutory succession; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.
Article 1127 Inheritance shall be inherited in the following order: (1) first order: spouses, children, and parents tell friends; (2) Second order:
Siblings, grandparents, maternal grandparents. After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not inherit; If there is no first-order heir to inherit, the second-order heir shall inherit the socks. For the purposes of this Part, the term "children" includes legitimate children, children born out of wedlock, adopted children and dependent stepchildren.
For the purposes of this Part, the term "parents" includes biological parents, adoptive parents and step-parents in a dependent relationship. The term "siblings" as used in this Part includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.
Article 1128:Where the children of the decedent die before the decedent, the blood relatives of the children of the decedent are to inherit by subrogation. If the decedent's siblings die before the decedent, the children of the decedent's siblings shall inherit by subrogation. Subrogated heirs can generally only inherit the share of the estate to which the subrogated heir is entitled.
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Summary. Hello dear, happy to answer your <>
Parents divorced, father died. The child is awarded to the woman. How to distribute the inheritance to relatives After divorce, it means that the property already belongs to the individual, and this property can also be distributed by one's children; There is no will.
Parents divorced, father died. The child is awarded to the woman. How to distribute the inheritance.
Hello dear, happy to answer your <>
Parents divorced, father died. The child is awarded to the female party. How to distribute the inheritance is good for relatives and relatives After divorce, it means that the property already belongs to the individual, and this friend buffer property can also be distributed by his own children; There is no will.
After the father's divorce, the order of inheritance of the deceased property should be as follows: 1. If the father has made a will before his death, the deceased property shall be handled in accordance with the testamentary inheritance, and the heirs on the will shall inherit the property; 2. If the father did not make a will during his lifetime, the property of the deceased shall be handled in accordance with the statutory inheritance and shall be inherited by the father's first heir, and at the same time, the first heir in line includes the spouse, children and parents, then the deceased property shall be jointly inherited by the father's spouse, children and parents.
The fact that the husband's parents are not the bearers of the primary maintenance is unjustified and unreasonable. If there is a surviving parent, maintenance must be borne by the parent. As long as the court makes a judgment, the judgment must be fulfilled, but the man is unable to pay, and it is difficult for the court to enforce it, so there is no choice but to owe or not pay child support. >>>More
The divorce agreement is a written material that must be submitted when both parties agree to divorce, which generally needs to be drafted after consultation between the two parties, and signed and confirmed by the Civil Affairs Bureau in front of the staff. The agreement needs to consist of three parts, the first part is the voluntary divorce of both parties; The second part is who owns the custody of the child, the amount, scope, payment method, method of exercising the right of visitation, time, special agreements for winter and summer vacations, etc.; The third part is the division of property, which is determined according to the type of property, for example, the first item is real estate, followed by the types of property such as cars, deposits, insurance, bonds, creditor's rights and debts, etc. The divorce agreement needs to focus on the parts that are particularly prone to disputes according to the focus of the dispute between the parties, and make an agreement according to the specific circumstances of both parties to avoid future legal risks. >>>More
If one party can prove that the other party used fraud, coercion or other improper means against the other party during the divorce to divide the property, he or she can apply to the court to modify or revoke the property division agreement within one year after the divorce by mutual agreement. >>>More
Divorce by mutual agreement is applicable to couples who have agreed to divorce and have no dispute over divorce matters such as custody of children, division of property, and assumption of debts. >>>More
Married life is not necessarily happy and happy, when the relationship between the two parties is irretrievably broken, divorce has become the last choice, divorce has two ways: divorce by agreement and litigation divorce, so how to mediate divorce by agreement? First of all, we need to know that there is no need for mediation in a divorce by agreement, and this procedure is only available in the case of a litigated divorce. Article 32 of the Marriage Act provides: >>>More