The issue of property and division in divorce cases, how to divide property in divorce cases

Generally speaking, the law stipulates that if the parties are married, the bride price is generally not refunded, but if the quality of life of the husband's family is reduced due to the bride price, the bride price can be returned at the time of divorce. However, in order to protect your interests, it is better for you to hire a good lawyer to fight the lawsuit, so that you can get back what you deserve.

Lawyer You:

Let's take a look at Article 10 of Interpretation II of the Marriage Law.

The bride price 88800, the gold 18400, the meeting gift 28400 can be refunded, and the others cannot be refunded.

It should be noted that if you have received a marriage certificate, the possibility of returning the bride price is even smaller: as long as you have registered your marriage, you should prove that your family "has absolutely difficult life due to the bride price".

Absolute difficulty in legal theory is not the same as relative difficulty. Your best evidence is the evidence of the civil administration's relief to your family, for example, your family is a low-income household or a special poverty household.

The law stipulates that if the parties are married, the bride price is generally not returned, but if the quality of life of the husband's family is reduced due to the dowry, the bride price can be returned at the time of divorce. The law does not provide a legal basis for compensation in the event of divorce. Therefore, you should try to negotiate a good solution.

For more information, please contact us directly.

Beijing Marriage and Family Lawyer.

If you don't get a marriage certificate, the bride price can be refunded, and if you don't return it, it's no different from fraud.

In the case of divorce, the first thing to distinguish is what is the joint property of the husband and wife and what is the personal property.

In the case of personal property, it may not be divided in a divorce case.

In the case of joint property, the husband and wife may negotiate the distribution of the property, which is entirely voluntary, as long as the parties agree on the division of the property.

If there is no consensus, it will be divided according to the law.

In the event of a divorce, the joint property of the husband and wife is generally half of the person.

However, the judge will make a judgment according to your marital situation and property situation, according to the principle of taking care of the woman, taking care of the parent who is raising the children, and taking care of the innocent party.

Legal basis: Article 1076 of the Civil Code: 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.

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 1087 of the Civil Code: In the event of 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 is to make a judgment based on the specific circumstances of the 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 division of property in divorce cases is determined on a case-by-case basis. The law provides that the personal property of one party shall not be converted into the joint property of both parties because of the continuation of the marriage relationship between the parties, unless there is an agreement between the parties; The property acquired by both parties during the existence of the marital relationship is the joint property of both parties, and may be disposed of by agreement between the parties at the time of divorce, and if the agreement fails, the court shall make a judgment. The law stipulates that the personal property of one party includes premarital property, compensation or compensation for personal injury, property determined in a will or gift contract to belong to only one party, special daily necessities, etc.

[Legal basis].Article 1087 of the Civil Code of the People's Republic of China In the event of divorce, the joint property of the husband and wife shall be disposed of by agreement between the parties; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the 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.

Legal Analysis: In the event of a divorce, the method of division of joint property is through negotiation.

In the event of divorce, both men and women have the right to decide on the ownership of the property to the discretion of both parties. The parties may agree that the joint property shall be owned by one of the parties, or that the parties shall divide it according to a certain proportion.

Legal basis: Article 1087 of the Civil Code of the People's Republic of China Article 1087 In the event of 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 is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.

If there is no consultation on the division of property at the time of divorce, a lawsuit for division of property may be filed, and the law will support it.

It doesn't matter who the card is 10,000 yuan, what matters is whether it can be recognized as the joint property of the husband and wife, if it is formed by the salary or other income of both parties after marriage, if there is no special agreement, it should be joint property, and if there is evidence, half of one person.

2. According to the judicial interpretation of the Marriage Law, the car is a gift after marriage, which is your personal property, because it has been registered and transferred, it does not matter whether it is notarized or not, and the woman cannot divide it and subdivide it to you.

Why do you have to come to this point, it's not good for the children, it's better to negotiate about the property, if you decide to divorce, why worry about this property.

1. Regarding the property of 90,000 yuan, if you can prove that the other party's spending of 90,000 yuan in 6 months obviously exceeds her normal expenses, and she has not been able to cite a reasonable use, you should divide this part of the property equally.

2. The unilateral gift agreement, when was it signed, if it was signed after you started the divorce, the effect is limited, if the signing date is when you buy a car, the car will be regarded as your personal property and will not be divided.

Since you are saying that you are currently gifting you personal property, why do you need to lottery appraisal.

1. Such 2 ** cannot be used as evidence (even if it is done, the validity is not high) 2. When the parents divorce, it is the joint property of the parents that is liquidated, and the children have no right to divide the joint property of the parents regardless of whether they are adults or not.

3. The child is an adult, and the parents do not need to pay child support, but the child is studying, and the two parents should jointly bear the tuition and necessary living expenses until graduation; If you are already working, you will not be responsible for any expenses for your child.

4. The party at fault for divorce in litigation refers to the party who is unfaithful to the marriage, not the party who filed the lawsuit 5. All the evidence, without valid evidence, the court will generally sentence the property to be divided equally and live together, and the evidence of opening the house is the best, at least the recent intimate photos of Lei Qingzhong in Xuhong Ezhi Steamed Bun Pei Tanming Chongyi Yonggong Hengyan Xuan.

1. In terms of deposits, the woman said that the burden of proof should be borne for normal expenses, and if it cannot be proved, the court will deduct half of the remaining person according to the per capita expenditure of the locals.

2. The car should be recognized as personal property. According to Article 18 of the Marriage Law, "under any of the following circumstances, it shall be the property of one of the husband and wife: ......3) Property that is determined in the will or gift contract to belong to only one of the husband or wife; And with reference to Article 7 of the Interpretation (3) of the Marriage Law of the Supreme People's Court, "if the immovable property purchased by one of the parents for the child after marriage is registered in the name of the investor's child, it may be regarded as a gift to only one of the children in accordance with the provisions of Article 18 (3) of the Marriage Law, and the immovable property shall be recognized as the personal property of one of the husband and wife."

shall be recognized as personal property.

3. Whether the court ruled so is uncertain. If they are not satisfied with the judgment, they may appeal or apply for a retrial. Believe that righteousness is at ease in the world.

1. Now this suite is a matrimonial property.

2. You can ask for an equal share with him.

3. In terms of custody, it is necessary to follow the principle that the support of the party is beneficial to the growth of the child. Children under the age of 2 are generally given to their mothers.

The property owner who does not support the child should pay child support, which is generally 20-30% of the income of one party.

Property is generally divided equally, and if one party is at fault, the property can be divided less or nothing.

It can be divided equally if it is considered the joint property of the husband and wife, but the money he bought before marriage should be deducted from the joint property of the husband and wife, and that part is his personal property. Custody depends on whether you are conducive to child support.

Lawyer Ji Lei.

1. Pre-marital property belongs to each of them.

2. The joint property of the husband and wife shall be divided equally according to law, and if the husband and wife have agreed in writing on how to distribute the property obtained during the existence of the marital relationship, it shall be handled according to the agreement.

According to the Marriage Law of the People's Republic of China:

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.

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.

Article 19: Husband and wife may agree that property acquired during the existence of the marital relationship and property before marriage shall be owned separately or jointly, or partly separately or partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is unclear, the provisions of articles 17 and 18 of this Law apply.

The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is binding on both parties.

Article 39: At the time of divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties; 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 rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

Hello, read your question in detail. The most basic point is that you need to make it clear, that is, your parents divorce and divide the property, which involves the two of them, and will not involve you and your brother. And your parents' property is the joint property of the husband and wife, not your father alone to decide which house to give to whom, your mother herself also has rights to the property.

1. You are an adult, and it is not a question of whether you follow your father or your mother.

2. Changes in real estate must be registered with the Real Estate Bureau before they can be counted. If the divorce negotiation states that the small house belongs to you, but it does not appear in your name in the house book, you are not entitled to issue a certificate to give the house to your mother. And the house is the joint property of your parents, whether it is to change the name on the house book or to mortgage the house, both parents need to agree before the procedures can be handled.

3. Your father has to prove that his debt is a joint debt, not a personal debt, and it is up to him to prove it. 2011-10-20

The division of divorce property refers to the division of the joint property of the husband and wife at the time of divorce, which refers to the division of the joint property of the husband and wife into their respective personal property in accordance with the law at the time of divorce. Articles 17 to 19 of the current Marriage Law specify that the joint property of the husband and wife is the property acquired during the existence of the relationship between the husband and wife, and stipulates the content of the joint property of the husband and wife in the form of enumeration and generalization. At the time of divorce, if the parties have an agreement on lawful marital property, the agreement shall be followed.

The property unique to one party shall be owned by the party. The joint property of husband and wife shall generally be divided equally, and may not be equal when necessary, and where there is a dispute, the people's court shall make a judgment in accordance with law.

If you have a question, you can add a q

A new house bought in 10 years is your joint property. As for the issue of custody of your daughter, you are not clear and complete, so it is difficult to say here. If you are on the same level as the man, it is okay.

If there is additional funds to buy a house, it is joint property.

For details, please contact ** or QQ.

Beijing Marriage and Family, lawyer Liu Dalai.

Divorce and division of property are civil cases.

1. [Basic Meaning of Civil Cases].

Civil, simply understood, is the relationship of rights and obligations between citizens or legal persons.

Civil acts refer to acts that occur in the establishment, alteration, or termination of civil rights and obligations of citizens or legal persons.

In a civil case, in order to resolve the contradictions that occur in the civil act, the law is resorted to for a certain civil act, and the civil contradiction (dispute) is resolved by filing a case in accordance with the law, and at this time, the specific thing involved in the civil act becomes a civil case.

2. [The Civil Procedure Law is the channel for the establishment of civil cases].

Article 3 of the Civil Procedure Law stipulates that: The provisions of this Law shall apply to the people's courts accepting civil lawsuits brought by citizens, legal persons, other organizations, and between them on the basis of property and personal relations.

According to the above-mentioned provisions, once a case is filed under the law, it becomes a civil case.

Divorce cases in civil cases.

After the divorce, the property of the husband and wife will be divided equally! If the other party has property before they get married. After the divorce, of course, it is the other party's. If it's joint property, divide it equally!

1. If your name is written on the property certificate, the destruction belongs to the joint property of the husband and wife, and the other party can ask for division, and if the respective proportions are not indicated, they will generally be divided equally.

2. The woman's house is her personal property.

3. The car belongs to your father's property, and you cannot divide it.