Divorce Property Consultation 5, Divorce Property Consultation

This is good for you.

First of all, the down payment is your parents' card and goes directly to the developer.

This is the proof that you can find out clearly.

In terms of decoration, you said that you are running.

That is, all the jobs you need to find are approached by you.

You are also responsible for the construction money that these people receive.

These are all your witnesses.

This can also be said to be bought by your parents and registered in your name.

The renovation cost should also be considered as a joint payment for the purpose of identification.

As for the loan, you will pay the amount evenly.

So you have to claim the element, the down payment.

Or accept the full property right and return him 50,000 yuan to pay the loan amount.

Seriously, hopefully. I think this is quite unfavorable for you, because you don't have any evidence such as an IOU, and the record of your parents' account being directly transferred to the developer can only prove that your parents contributed at most, but it can't prove the existence of a loan relationship. Take 10,000 steps back and say that even if there is an IOU to prove the loan relationship, it is not okay to let him return alone, because the house bought after marriage is registered in the names of both of your husband and wife, so even if there is evidence, the loan from your parents is also the joint debt of your husband and wife.

The parents' bank transfer records can only prove that it was your parents who contributed the funds. After marriage, even if your parents contribute money, if it is registered in the names of both parties, it is standard marital property. If after the marriage, the parents' contribution is registered in your name, then it is your property.

Your marital loan is also a joint debt.

Because it all happens after marriage, the renovation is the joint property of the husband and wife, the house is the joint property of the husband and wife, and the loan is a joint debt.

It's better not to think about divorce! Cherish the people in front of you.

Summary. Article 1084 of the Civil Code provides that the relationship between parents and children shall not be extinguished by the divorce of parents. After divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or mother.

After divorce, parents still have the right and obligation to raise, educate and protect their children. In the event of a divorce, children under the age of two shall be raised directly by their mothers. For children who have reached the age of two, and the parents fail to reach an agreement on the issue of child support, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child.

Where children have reached the age of 8, their true wishes shall be respected.

Divorce counseling questions.

What questions do you need to ask about divorce?

Hello, I have two small children.

One is 8 years old and the other is 4 years old.

A house bought before marriage, a car bought after marriage.

None of them have my name.

In the divorce of husband and wife, we generally have to consider the distribution of children according to comprehensive conditions. If the child is over two years old but not yet eight years old, it can be distributed according to the economic conditions of both parents and the child's favorable situation.

I want to divorce, how to leave.

Article 1084 of the Civil Code provides that the relationship between parents and children shall not be extinguished by the divorce of parents. After divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or mother. After divorce, parents still have the right and obligation to raise, educate and protect their children.

In the event of a divorce, children under the age of two shall be raised directly by their mothers. For children who have reached the age of two, and the parents fail to reach an agreement on the issue of child support, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child. Where children have reached the age of 8, their true wishes shall be respected.

I brought the big one, and he brought the small one.

Now for the two children, have you negotiated and dealt with the distribution issue?

Now that we have determined custody and other issues, if you are divorced, we also need to take the division of property seriously, and you can also consult me on this issue of vital interests.

If we sue for divorce, we will definitely involve custody, alimony and other issues. Now that you have a general understanding of the division of property, do you know about custody and alimony?

If you don't have another house, it is more likely that the court will decide you to rent part of it, and you can negotiate it, if there is no room to live in, the court will consider the actual situation.

Depending on the situation, it may be leased for a period of time as a transitional period.

If you don't have a home, you can consider using it temporarily.

Hello, if your domicile is in the area where the property belongs, you can ask to rent.

In the event of a dispute over the use or lease of public housing, the parties may negotiate on their own. If the negotiation fails, you are not entitled to rent according to your circumstances. If you don't have enough money, you can ask for temporary accommodation or ask for financial help.

If you have housing hardship and request to continue the tenancy, the court will consider this situation and decide to take into account the short-term tenancy or award housing allowance, which is quite unlikely to be rented by you in your case. It is very difficult and should not be eligible for renting.

If you don't own a house, the court will order you to rent a portion of it.

Hello! It is possible to claim residence!

The key is to look at who the tenant is and the members of your family.

1. First of all, it is necessary to find out whether the house is registered in your parents' name or in your name. If the tomb is in the name of your parents, it is naturally the property right of your parents, and your wife has no right to divide it. If the property is in your name, and the property after marriage is the joint property of the husband and wife, it may be interpreted in accordance with Article 22 of the Marriage Law Article 22 If the parents contributed to the purchase of a house for both parties before marriage, the contribution shall be deemed to be a personal gift to their children, unless the parents expressly express the gift to both parties.

After the parties get married, if the parents contribute to the purchase of a house for both parties, the contribution shall be deemed to be a gift to both husband and wife, unless the parents expressly express that the gift is made to one party.

2. The Marriage Law and relevant judicial interpretations stipulate that unless one party conceals or transfers property, other faults do not cause the party at fault to lose or reduce the share. However, the party at fault may be required to pay compensation for moral damages.

3. Construction and management.

My father bought the house, and there was no gift, we just borrowed it to live in my parents' house! And the receipt for buying a house is in my father's name!

If the purchase contract and title deed are your parents' property, they are your parents' property and you have no right to divide them.

The above is very clear. Transact.

If three generations live together, and your husband and wife are mixed with your parents' family property, you can divide the family property first, and then you and your wife will divorce and divide the property.

If the house is in your parents' name, you have no right to divide it between you and the other party.