A question of division of property in a divorce!

1. Corrected your statement that BB should not be divided, it should be custody attribution. The court will generally judge according to the financial ability of the parties, and if the child has not passed the lactation period, then it will be awarded to the woman! ~

2. The property depends on whether it is in your name, and the purpose of the house purchase is marriage or private use! 3. The "Several Specific Opinions on the Handling of Property Division Issues in the Trial of Divorce Cases by the People's Courts" stipulates that "if it is difficult to determine whether the personal property or the joint property of the husband and wife is difficult to determine, the party claiming the right shall bear the burden of providing evidence.

Where the parties are unable to adduce strong evidence, and the people's courts are unable to verify it, it is to be handled as the joint property of the husband and wife. ”

4. The personal property of the husband and wife refers to the property owned by one of the husband and wife, which is divided into six categories:

1. The pre-marital property of one of the spouses, such as the woman's dowry;

2. Medical expenses, disability living allowances, compensation for mental losses, etc., received by one of the husband and wife due to physical injury;

3. The property that is determined in the will or gift contract to belong to only one of the husband or wife;

4. Special daily necessities for one of the husband and wife;

5. The property owned by one of the spouses as agreed to belong;

6. Other property that shall belong to one of the husband and wife shall be bought out by the laid-off employee.

Where it cannot be determined as personal or joint property, it shall be presumed to be community property.

The house was purchased before marriage, and at the same time, you "funded half of the house by the family, and the remaining half was paid by me personally by mortgaging the property where my father now lives to obtain a housing provident fund loan (the repayment period is 6 years, and it has been repaid for nearly 3 years)", which means that this property is your personal pre-marital property. According to the Marriage Law, personal property before marriage is not divided in the event of divorce.

If the child is a minor, it is generally awarded to the woman for custody, and it is usually necessary to seek the child's opinion if it is possible to seek the child's opinion (the child already understands the human affairs).

The house is your pre-marital personal property and is not part of the marital division in the event of a divorce.

BB should determine who will raise them according to the principle that is conducive to their growth, and generally if you are breastfeeding, you will need to pay child support, etc. It depends on your consultations.

When everyone divorces, they want to divide more of their property and the other party share less or part of their property, but it is fair to divide it according to law. When dividing property, attention should be paid to distinguishing between personal property, joint property of husband and wife, and the part contributed by both parents. Parental contributions are often the most controversial part.

When to get married?

When to buy a house? Who finances? Whose name is settled?

I would like to ask, how to divide property in divorce. (We have contracts and invoices to prove that the house was bought before marriage) QuestionGuangdong lawyer Hu: Supplementary answer: The woman can get back the 200,000 yuan decoration fee, which is equivalent to a loan. Wedding.

1. According to the analysis of the circumstances described, the woman has no right to demand the division of property. Only the joint property of the husband and wife can be divided, the so-called joint property of the husband and wife refers to the new wealth value created by the two parties after marriage, and the situation shows that both of them go to work after marriage, and the usual expenses are the personal property of the man before marriage, even if the household appliances purchased should also belong to the man. However, the interest on the deposit belongs to the joint property of the husband and wife.

However, if you don't do the notarization of prenuptial property, it will be a bit troublesome.

2. The court can accept the case, but may not grant a divorce, the standard of the divorce judgment in China's marriage law is that the relationship has indeed broken down, one of which is that the parties have been separated for more than two years, from the mentioned situation, the woman should not be away for a long time, and the current situation is unknown, so the court should not immediately decide on divorce.

In the event of divorce, the disposition of marital property can be divided into two aspects:

1) Disposal of the property unique to one of the spouses: The property unique to one of the spouses is owned by the individual.

2) Disposal of joint property of husband and wife: The joint property of husband and wife shall be disposed of by agreement between the two parties, and the agreement reached by the parties on the division of property due to divorce shall be legally binding on both men and women. 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.