If the husband and wife divorce and transfer the property to the name of their parents, can the woma

Usually not, because the property of the parents and children is independent and is no longer the joint property of the husband and wife, but it is possible to sue the husband for the illegal transfer of the joint property of the husband and wife, and apply to the court to rule that the transfer of property is invalid.

1. It is illegal for one party to conceal the temporary transfer of the joint property of the husband and wife from the other party, because the husband and wife have equal rights to dispose of the jointly owned property. The consent of the spouse is required for the disposition of property by one of the spouses during the existence of the spouse.

Husbands and wives have equal rights and duties over joint property and equal ownership of joint property. The joint property of the husband and wife is considered to be jointly owned. Husband and wife enjoy rights and obligations in part of all joint property, and equally enjoy the rights to possess, use, benefit and dispose of.

Among them, the right of disposition is one of the important powers in ownership, which is directly related to the vital property interests of the parties. To this end, article 17 of the Marriage Law clearly stipulates that "husband and wife shall have equal rights to dispose of jointly owned property.

Specific content includes:

Equality of processing rights:

Either party has the right to decide on the disposition of the joint property of the husband and wife for the needs of daily life.

Negotiate on an equal footing and reach a consensus:

Where husband and wife make important decisions on the disposition of joint property other than for the needs of their daily lives, the husband and wife shall negotiate on an equal footing and reach a consensus. Where one spouse makes a major sanction decision without the consent of the other party, the other spouse has the right to deny the legal effect of the sanction. However, if the third party has reason to believe that the disposition is an expression of the common intention of the husband and wife, the other party shall not oppose the bona fide third party on the grounds of disagreement or ignorance.

Assume certain obligations:

The expenses of family life are paid by the joint property or, in the event of a deficiency, by the personal property of one of the spouses or the wife. Debts incurred by the husband and wife for living together or for the purpose of fulfilling the maintenance obligation shall be paid off by the joint property; If it is insufficient, the personal property shall be jointly and severally liable.

If the woman can produce evidence, the man is called an illegal transfer of the joint property of the husband and wife, and the woman can of course share it.

Regarding this issue, when the husband and wife divorce, the man put all the money into the name of his parents, and these are still the joint property of both partiesHowever, it is necessary to establish that the property, which was transferred to the name of his parents, is indeed the joint property of the husband and wife. SoAs the injured party, it is possible to file a lawsuit with the people's court.

First of all, let's determine which ones belong to the joint property of husband and wife, and the legal joint property of husband and wife in our country, including:salaries, bonuses; production, former Pei ZhengOperating incomeProceeds from intellectual propertyProperty acquired by inheritance or giftandOther property that should be jointly owned。Among them, the last item is based on the relevant provisions of the judicial interpretation of the Marriage Law of China, including the income obtained by one party from the investment of personal property; Housing subsidies and housing provident funds actually obtained or should be obtained by both men and women; Pension insurance premiums and bankruptcy resettlement compensation that both men and women actually obtain or should obtain.

Next, in response to the problem of Zhonghao, if the husband and wife transfer the property determined to belong to both husband and wife to the name of his parents when the husband and wife are divorced, then Hui Songmo, as the other party, can file a lawsuit with the people's courtAccording to Article 47 of the Marriage Law of the People's Republic of China, [Concealment or Transfer of Joint Property, etc.] At the time of divorce, if one party conceals, transfers, sells, or destroys the joint property of the husband and wife, or falsifies debts in an attempt to encroach on the property of the other party, when dividing the joint property of the husband and wife, the party who conceals, transfers, sells, or destroys the joint property of the husband and wife or falsifies debts may receive a small share or no share. After the divorce, if the other party discovers that he or she has committed any of the above-mentioned acts, he or she may file a lawsuit with the people's court to request that the joint property of the husband and wife be divided again.

Finally, we can clarify this issue, if it is determined that the husband has transferred the joint property to his parents at the time of divorce, as a wife, he can file a lawsuit with the court to redivide the property. That is to sayWhere one party conceals, transfers, sells, or destroys the joint property of the husband and wife, or falsifies debts in an attempt to encroach on the property of the other party, during or before the divorce proceedings, the right of the husband and wife to dispose of the joint property on an equal footing is infringed, and when the joint property of the husband and wife is divided in divorce, the property shall be divided in accordance with the provisions of Article 47 of the Marriage Law of the People's Republic of China.

That is to say,As long as it is the joint property of the husband and wife, no matter whose name it is transferred to, it is also protected by law. Let us take up the law to defend our legitimate rights and interests, which is the remedy that the law gives to every citizen.

With regard to the transfer of property before divorce, the Marriage Law and its judicial interpretations stipulate: "During the period of divorce, if a party conceals, transfers, sells, or destroys the joint property of the husband and wife, or falsifies debts, in an attempt to embezzle the joint property of the husband and wife, the party who conceals, transfers, sells, or destroys the joint property of the husband and wife or falsifies the debts may receive a small share or no share." After the divorce, if the other party discovers the above-mentioned acts, he may file a lawsuit with the people's court to request a re-division of the joint property of the husband and wife.

That is to say,If it is found that the other party has transferred or concealed the property before the divorce, he can file a filial piety lawsuit with the court within two years from the date of discovery, requesting a re-division of the property.

If the husband and wife divorce and put all the property in the name of his parents, he can file a lawsuit with the court to request a redivision of the property.

At this time, the other party can be sued in court, and the property can be divided through a lawsuit.

If, at the time of the divorce, there is no divorce, and one party puts his or her own money in someone else's name, if this party does not owe money to the other party, then it may be a matter of transferring property. Community property refers to property formed by living together during marriage.

<>According to you, it is possible for the man to transfer the property in order to reduce the joint property of the husband and wife instead of dividing it in the divorce. Divorce division of all property in the name of the parents: If one of the spouses transfers the joint property to his or her parents, it can be considered as a transfer of the joint property.

One party may file a lawsuit in court on this basis and, if the case is true, the property may not be divided among the other party when dividing the joint property of the husband and wife. If one party transfers personal property on its own, the other party generally has no right to interfere. Even if it is deposited in cash into the account of one of the parents, it does not change its nature.

In the event of a divorce, the joint property of the spouses shall be disposed of by mutual agreement.

If the result is true, the husband may receive a smaller share of the property. And, even after a divorce, you can still sue if you find out that the other party has transferred their property during the marriage. If the man wants to give his mother some living expenses or give away some property, it should be okay as long as it does not exceed reasonable expenses.

After marriage, the husband and wife are still obliged to support their parents, but it is a different matter if the husband deliberately transfers the marital property to the mother. If the couple divorces, the wife can demand the restitution of the joint property.

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As long as the divorce formalities have not been completed, the husband and wife are considered to have joint property, and the husband has transferred the property, and the woman can be held accountable. The joint property of the husband and wife cannot be disposed of by a single party.

This is also true, and the husband is still an illegal transfer of property, because the man is not qualified to transfer money unilaterally.

Yes, if the man does not want to give the woman these properties, he needs to issue relevant certificates to prove that the property was earned by himself. Or it has been notarized before the marriage.

As the first heir of his parents, the husband has the right to inherit the inheritance left by his parents, and he has no right to do so. If the husband inherits the parents before the divorce, the husband inherits the parents because the joint income of the husband and wife is used to repay the loan.

If the husband and mother are sole proprietors, normal drive-by visitation rights are required. If the man's parents die after the divorce, it should be noted that the woman has no right to divide and does not participate in the division after the divorce. So it is impossible for the woman to divide.

The auxiliary matters are shown in the figure

Either during the marriage or after the dissolution of the marriage, the woman cannot claim a partition. Generally individual, unless the man's parents expressly state that they will only give their children. Divorce does not participate in the division.

If the husband and wife are sole proprietorships, the woman's parents die during the marriage. If the divorce of the parents is completed, the parents did not give it to both parties before the marriage. From the date of discovery by the parties, what the husband inherits belongs to the individual.

At the time of divorce, the woman does not have the right to divide the property of the man's parents, and the only property that can be divided between the husband and wife in the divorce is the joint property belonging to the husband and wife.

First of all, according to Article 17 of the Marriage Law, the following property acquired by the husband and wife during the existence of the marriage relationship shall be jointly owned by the husband and wife: (1) wages and bonuses; (2) Income from production and operation; (3) the proceeds of 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.

Secondly, if the parties cannot negotiate the division of joint property at the time of divorce, they can take litigation to resolve the issue. According to Article 39 of the Marriage Law, 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 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.

In the event of a divorce, the woman has no right to divide the property of the husband's parents. Because the divorce has been handled, it is no longer legal because the divorce has been handled, and the husband is no longer legal because the divorce has been handled, it is no longer a legal husband and wife.

If the husband obtains an inheritance or property donated by the husband's parents after the divorce, this part of the property does not belong to the joint property of the husband and wife, so he has no right to divide it.

In addition, the property of the husband's parents is not the property of the husband.

Of course, there is no right to this. The property of other people's parents has nothing to do with you, and you can only divide your own property.

Of course you can't, I don't know what you think. Your parents' money has nothing to do with you, and you can't share the amount.

It depends on the time of divorce and the time of inheritance of parents' property, if the divorce comes before and the inheritance comes later, it cannot be divided, but vice versa. If there is no legal reason for inheritance, then the property of the other parent's parents cannot be divided.

Since you are divorced from your husband, why do you still want to divide the property of the man's parents, you are crazy about money, even if you are not divorced, the property of his parents has nothing to do with you, just like the relationship between your parents' property and the man's property without a dime.

Summary. Hello, in this case, if you are a woman, it is okay to transfer the man's property to the man's parents' account after the divorce.

Hello, in this case, if you are a woman, it is okay to transfer the man's property to the man's parents' account after the divorce.

However, when dividing the property of the divorce, it is not possible to transfer the property of both parties to the name of the parents. Because the division of divorce property is also the joint property of the husband and wife, then the disposal of the hail hall and the use of the joint property also need to be decided by the mutual will of both parties, if one party transfers or conceals the joint property at the time of divorce, the other party can also recover the transferred property.

Hello, can you tell us more about the situation?

Only the joint property of the husband and wife can be divided, and the property of the parents has nothing to do with the parties and has no right to divide it. Husband and wife may agree on the ownership of property acquired during marriage and pre-marital property, or whether it shall be jointly owned or separately, or partly jointly or partly separately. If the husband and wife agree to implement a separate property system, the ownership of the property is relatively clear, and the key to a dispute is to present evidence.

When it is difficult to determine whether the property of the individual or the joint property of the husband and wife is determined, the party asserting the right bears the burden of proof; Where the parties are unable to adduce strong evidence and the court is unable to verify it, it is generally to be handled as the joint property of the husband and wife.

If the spouses agree that the property during the marriage and before the marriage is the joint property of the husband and wife, the property that can be divided at the time of divorce includes not only the property acquired after the marriage, but also the personal property of the spouses before the marriage. If the husband and wife agree that the property acquired during the marriage and the property before the marriage shall be partly owned separately and partly jointly owned, when dividing the property in divorce, the scope of individual property and joint property shall first be defined in accordance with the agreement of the husband and wife, and then the joint property shall be divided.

1. What is the scope of joint and personal property of husband and wife?

1. The following property acquired by the husband and wife during the existence of the marital relationship shall be jointly owned by the husband and wife:

1) Salary and bonus;

2) income from production and operation;

3) the income of intellectual property and tourism 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 should be jointly owned.

Husbands and wives have equal rights to dispose of jointly owned property.

2. In any of the following circumstances, it shall be 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 due to 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 one party;

5) Other property that should belong to one party.