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Immovable property is subject to registration and can be considered as your joint property if it is registered in the names of both of you. In the event of a divorce, a partition can be claimed.
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The property right is mainly based on the real estate certificate. During the marriage, even if the title deed is only one person's name, the spouse has the right to the property. Under the Marriage Law, as long as the marriage lasts for eight years, the spouse of one party enjoys the average property rights regardless of the way in which the property rights are acquired.
If the marriage lasts for less than eight years and more than half a year, a certain proportion of the real estate property rights shall be divided according to the actual number of years.
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No, the house is pre-marital property and not joint property.
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If there is an agreed gift, it is the premise that the husband and wife do not divorce. If you divorce, you don't have this property right, and you can't share it.
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The real estate deed belongs to the two of you, and of course the divorce can be divided. However, as a man, this is the dowry given by the woman's parents, are you embarrassed to share it? Do you have a face?
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It depends on whether there is a premarital property notarization when you get married, and under normal circumstances, as long as you can prove that it was given by the woman's father, it is inseparable.
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As long as the name is on the title deed, it is the joint property of the husband and wife. In the event of a divorce, it is divided as joint property.
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This one is clear and can be divided.
It doesn't matter who gave it now, what matters is that the names of the husband and wife are written on the title deed, which means that it is legally recognized as the joint property of the husband and wife.
If it's just the woman's name and it's given by the woman's father, it definitely can't be divided.
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When your father and stepmother divorce, if your name is written on the property deed, and the property is your property, then the woman will not be able to get the property. Your dad and stepmom can only divide the property that belongs to them and cannot divide the property of others, including their son's.
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The name of the house where your father and your stepmother divorced is yours, but it also depends on whether the house is their joint property after marriage, if it is after marriage, the woman must divide the property, if it is before marriage, then he has no share.
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This is a personal property given to you by your father, and it has nothing to do with your wife. If you divorce, she won't get a share of the property. However, if you are married, she and your children will be able to share your inheritance once you pass away.
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The title deed is in your name, the owner of the house is you, and only you have the right to dispose of the property, and no one else (including your stepmother) can divide the property.
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Whose name is written on the real estate deed is whose property is his, which is protected by law, so the woman will not be able to share the property, if you are willing to give it then is another matter.
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It depends on when the house was bought, if it was bought before marriage, then this belongs to your father's pre-marital property, and your stepmother can't share it. If it is purchased after marriage, no matter whose name is written, it belongs to the joint property of the husband and wife after marriage, and it is still possible to divide it.
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The real estate deed is in your name, which is your personal property, not the joint property of your father and stepmother, who have no right to divide the house that belongs to you after divorce.
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After the father and stepmother divorced, if their names are written on the real estate certificate, then the woman's words will not be able to share the property, after all, it is the child's name.
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According to what you said, then this real estate deed has your name written on it, so they will not be able to share the property if they divorce.
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Your father and your stepmother divorced, and your name is on the real estate certificate, so it has nothing to do with whether your parents are not with your stepmother, and your stepmother can't share your real estate, because the real estate certificate is your name, and it has nothing to do with them.
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Your father and stepmother are divorced, and the property they live in is written in your name, and the woman cannot get your property, because he is not related to you by blood, and the property has your private property, and your stepmother can only divide the joint property between her and your father.
Therefore, the stepmother can't take advantage of the real estate at all.
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My father and stepmother divorced, and the real estate deed was written in my name. Under normal circumstances, the woman will not be able to share the property. If the property is in your name.
The property is yours. If it is the joint property of the father and stepmother after marriage. Then the stepmother may also get a part of the property.
If the dad's pre-marital property. The stepmother can't get the property. Because there is no stepmother's name on the real estate deed.
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No, the title deed is in your name, which means that you have a title to the house and that the house is a gift from your father. According to the relevant provisions of China's Civil Code, the New Marriage Law and the New Inheritance Law, premarital property, inherited property, and gift property are all the private property of the recipient, so the divorce between your father and stepmother is a matter between them, and has no right to your private property, so she has no right to divide your private property.
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Father and stepmother divorced, your name is written on the real estate certificate, the woman cannot get the property, and the house does not have the names of your father and stepmother. They can't get a share of the property, and there is a situation where if your father and your stepmother buy a house after they get married, then your stepmother can get the property.
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The father and the stepmother are divorced, and the name of the real estate certificate is the name of the child, in this case, the mother will not be able to share the property, because this property is, the property belongs to the child, if the property is the name of the father, then the stepmother will get a part of the property, therefore, the stepmother will not be able to share the property.
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If your father and ex-wife are your real mother, when you divorce, write your name on the house, or it belongs to premarital property, then this house has nothing to do with your stepmother's divorce.
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In this case, as you said, the house actually has your name written on it, and you are the owner of the house. Situation: The woman will not be able to share the house after the divorce, because the property is already in your name, and it is not in your father's name, and he will not be able to share the house.
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If the father and stepmother divorce, the real estate certificate is not the name of the two people, then the woman will not be able to share any real estate, according to the new marriage law of our country, your stepmother can only take her own property, but not you and your father's real estate.
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Let your father divorce your stepmother, the real estate certificate is now your name, you are lonely and have no right to follow the property Well, the law is based on whose name is on the real estate certificate, the property is who's, he has no right, and there is no reason to get your property.
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If the property is the house that your father and your stepmother bought for you before marriage, and the stepmother did not contribute to buy the house for you, and the real estate certificate is still in your name, the property will not be shared by the stepmother after they divorce, and the house itself has nothing to do with her.
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No matter whose name is written on the real estate certificate, as long as it can be proved that the purchase price is from the person, who has the right to distribute, so if the father and stepmother divorce, as long as it can be proved that the purchase money is from the house or the joint property purchased in the marriage, who can share the property or the woman who jointly contributed can get the property.
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It depends on whether the house is jointly owned by them, whether they bought it together, and if it is someone else's wife, she has the right to divide the property. If it wasn't for the two of them paying for it together and it was your title deed, she wouldn't have the right to divide the property.
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If your property is the joint property of your father and your mother after marriage, your stepmother has the right to divide your property, if the house is the house that your father and your stepmother bought for you before marriage, it has nothing to do with him, the real estate certificate is written in your name, the house is yours, and your stepmother has no right to divide your property
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If your name is written on the title deed, then if your father and your stepmother divorce, the woman will not be able to get any property, after all, it is not their joint property.
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My father and stepmother divorced, my name was written on the real estate certificate, and the woman could get the property, but I felt that the woman couldn't get the permanent property, and she was not eligible to get the property.
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No, whoever writes the name on the real estate deed, the property belongs to whom, and others have no right to divide it, and the property right of the house is your own. Your dad is so smart to put your name on the house.
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Dad and stepmother divorced, your name is written on the real estate certificate, the property belongs to you, they just borrow it, and the woman will not get the property, because they don't have the property, so the woman will not get it.
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Of course, the woman will not be able to share the property, because this is not your parents' house. Because the house title deed is written in your name, it is your own house, it can't fly. Thanks for a good review.
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Legal analysis: In the case of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; 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 property registered in the name of the husband's parents is not part of the joint property of the husband and wife, and the husband and wife have no right to divide it in the event of divorce.
In any of the following circumstances, it is the property of one of the husband and wife: the pre-marital property of one party. Medical expenses and living allowances for the disabled due to bodily injuries received by one party.
Property that is determined in a will or gift contract to belong to only one of the husband or wife. Daily necessities for one party. Other property that should belong to one party.
Legal basis: Article 1062 of the Civil Code of the People's Republic of China The following property acquired by husband and wife during the existence of their marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife: (1) wages, bonuses, and remuneration for labor services;
2) 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 assets are the personal property of one of the husband and wife: (1) the premarital property of one of the spouses;
2) Compensation or compensation received by one party for personal injury;
3) Property that is determined in a will or gift contract to belong to only one party;
4) Daily necessities for the exclusive use of one side;
5) Other property that should belong to one party.
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If the property is registered in the name of the parents, it does not belong to the joint property of the husband and wife, and the parties have no right to divide it in the event of divorce; If it is registered in the name of both spouses or one of the spouses, it is the joint property of the husband and wife, and in the event of divorce, it shall be handled by agreement of both parties; If the agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property, the principle of taking care of the children and the rights and interests of the woman.
Article 1076 of the Civil Code of the People's Republic of China Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority. The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling. Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in 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 gambling, drug abuse, or other vices that have been repeatedly taught; (4) They have been 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. Article 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support.
The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment. The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary. Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If the agreement is not reached, the people's court shall, on the basis of the specific circumstances of the property, make a judgment in accordance with the rights and interests of the children, the woman and the original Wu You, who has no fault with the rights and interests of the 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.
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The title deed is the name of the registered owner, and the property belongs to the owner's property. The divorce of the father and the stepmother will not involve this property, because this property does not belong to the joint property of the father and stepmother, but belongs to the personal property of the subject. Therefore, the father and stepmother do not have the right to divide the subject's house when they get married.
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1. This is the case with regard to real estate in marriage.
What happens to buy a house after getting married:
Regardless of whether the name of the man or the woman is on the title deed, it is of course the joint property of the husband and wife. When a husband and wife divorce, both parties can divide the house equally.
That. 2. Buy a house before marriage and repay the loan together after marriage:
The title deed is generally the name of one party, then the property is owned by the party with the name. In the case of joint repayment of the loan by the other party, 1half of the repayment of the loan on the common property; 2.Half of the appreciation portion of the loan for the common property is repaid.
If the real estate certificate is in the names of both parties, the proportion of co-ownership shall be agreed, and if there is no agreement, it shall be jointly co-owned, and if no other evidence can be adduced, it is generally half of one person.
That. 3. One-time purchase of a house before marriage:
This type of property is a personal pre-marital property. If the house was purchased by you before the marriage, it is your personal property and will no longer be converted into joint property.
2. About child support.
The following aspects should be considered for the issue of child support after divorce:
1 Factors such as the personal qualities of both parents, their sense of responsibility to their children, the family environment, and the relationship between parents and children should be considered.
2 Consideration should be given to the reasonable requirements of the parent who is unable to have children and who has difficulty remarrying.
3.In the case that the various conditions of both parties are basically the same, in principle, the party with the stronger financial ability will be able to raise the child.
Children over the age of the age of discernment, regardless of whether they follow their father or mother, should seek the opinion of the child himself.
How to implement it on the issue of support:
1 Raising a child while breastfeeding. "After divorce, the child who is breastfeeding shall be raised by the nursing mother in principle. "This is because breastfeeding is best for the baby's growth and development.
In the interests of the baby's growth and development, after the divorce of the husband and wife, all children who are breastfeeding should be raised by the nursing mother in accordance with the law.
But in real life, there are also many children who are born without breastfeeding. In such a situation, when the couple divorces, how to determine the custody of the child? The judicial interpretation stipulates:
Children under the age of two generally live with their mothers. However, if the mother has any of the following circumstances, she may also live with the father: first, the mother suffers from an infectious disease or other serious illness that has not been cured for a long time, and the child is not suitable to live with her; Second, the mother has the conditions to support the child and does not fulfill the obligation to support her, and the father requires the child to live with him, and there is no adverse impact on the healthy growth of the child; Third, the child is truly unable to live with the mother due to other reasons, such as the mother's economic ability and living environment are obviously unfavorable to raising the child, or the mother's conduct is not conducive to the child's growth, or the child cannot be raised after being sentenced to a prison sentence for breaking the law or committing a crime, etc.
There are two types of house ownership certificates: 1. If it is a certificate before 2008, the house ownership certificate number is on the first page. 2. If it is a certificate after 2008, the house ownership certificate number is on the second page.
If there is a bride price, there can be a dowry, if there is no dowry, there must be no dowry...
Since it is the woman's name, of course it is also the woman's after the breakup. Look at who bought the property. Whether or not to pay in full, these are all for a reason.
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