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He is just indifferent to you, he has no extramarital affairs, and he has not abused you, so why should he compensate you?
There has to be a reason for compensation!
The marriage house did not write the woman's name... This situation is too common, because the money is mainly from the man's parents, and generally the smarter parents will not easily write the name of their son and daughter-in-law, just to prevent the daughter-in-law from divorcing and dividing the house.
Since you have married him, it means that you have accepted this condition. If you really cared about the house, you wouldn't have married him in the first place, would you?
Although the deposit is in your name, it should belong to the joint property of the husband and wife, and when the divorce occurs, it should be half of the person.
If you turn away without permission, I am afraid he will not agree.
If the money is your private money, I support you to transfer it away so as not to be divided.
If the money is something you both have in your daily life, you should divide half of it between you.
If the two people fail to divorce by agreement, they can only go to the court to fight a lawsuit and ask the court to adjudicate.
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Although the deposit is controlled by you, your husband should still know the above amount, he can go to the bank to check the deposit and withdrawal records, and he can tell the judge that you have maliciously transferred property in the event of divorce.
Then there is the "compensation" you are talking about, and according to what you said above, there is no compensation prescribed by law.
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If the house is your husband's property, it doesn't matter if your name is written or not, and half of it should be divided among you in the event of a divorce.
The compensation is above board, you are just hiding the property, and if your husband knows that there is money in the passbook, you must not be able to transfer it, check the account details to know, if the other party does not know that you transfer to **, you can also enforce the rest of your property, why bother?
In addition, I can't see that the 2nd floor ** is accusing you, don't scold people at every turn, this can only show that you are despicable.
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If it's his fault in the first place, then you can get more common property.
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Legal Analysis: The statutory conditions for divorce compensation are: (1) bigamy by one party; (2) A person who has a spouse cohabits with another person; (3) Committing domestic violence; (4) Abusing or abandoning family members.
The other party who satisfies the above conditions has the right to claim compensation for losses, and the party at fault will divide the property less according to the degree of fault in the process of property distribution.
Legal basis: Civil Code of the People's Republic of China
Article 1076: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 bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;
4) 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 the people's court has ruled that a divorce is not permitted, the parties have been separated for one year, and one party initiates a divorce lawsuit again, the divorce shall be granted.
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Summary. Kiss <>
We'll be happy to answer for you. The compensation that can be obtained in divorce is as follows: there is generally no compensation for divorce, and only one party is married.
If the wrongdoing in the marriage law leads to divorce, the innocent party has the right to claim damages for divorce at the time of divorce. Matrimonial offences refer to bigamy, cohabitation of a spouse with another person, domestic violence, abuse, and abandonment of family members.
What compensation can be obtained for divorce.
Kiss <>
We'll be happy to answer for you. The compensation that can be obtained from divorce is as follows: Hanga divorce is generally not compensated, and only one party is married.
If the wrongdoing in the marriage law leads to divorce, the innocent party has the right to claim damages for divorce at the time of divorce. Matrimonial offences refer to bigamy, cohabitation of a spouse with another person, domestic violence by a negotiator, abuse or abandonment of a family member.
Basis for the law: Article 1091 of the Civil Code of the People's Republic of China, in any of the following circumstances, which leads to divorce, the innocent party has the right to claim and omission damages: bigamy; cohabitation with another person; Raiding and committing domestic violence; abuse or abandonment of family members; There are other gross faults.
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The compensation in the event of divorce is as follows: The law stipulates that if one of the spouses bears more obligations due to raising children, taking care of the elderly, assisting the other party in work, etc., he or she has the right to request compensation from the other party at the time of divorce, and the other party shall give compensation. The specific measures shall be determined by agreement between the two parties; If the agreement fails, the People's Luli Court shall make a judgment.
If one party is having difficulties at the time of divorce, the other party who can afford it should also provide appropriate assistance. If one party is at fault, the party who is not at fault also has the right to claim damages.
[Legal basis].
Civil Code of the People's Republic of China Article 1088 Where one of the spouses bears more obligations due to raising children, taking care of the elderly, assisting the other party in work, etc., he or she has the right to request compensation from the other party at the time of divorce, and the other party shall give compensation. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.
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The standard of divorce compensation should take into account many factors, such as the amount of the obligation paid by one party, the benefits obtained by the party who paid less, the property status of both parties and their financial capacity. In judicial practice, there is no specific standard, and the only way to request more compensation is to provide as favorable evidence as possible to prove one's contribution to the family.
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1. "Post-divorce compensation":
1) According to the principle of the Marriage Law, marriage is voluntary and divorce is free, so both husband and wife have the right to propose marriage and the freedom to file for divorce.
2) The grounds for compensation that may be claimed in the event of divorce are bigamy, cohabitation with the opposite sex outside of marriage, domestic violence, abuse or abandonment of family members, etc., as stipulated in Article 46 of the Marriage Law.
3) The reason for the division of the joint property of the husband and wife at the time of divorce is that one party is at fault but does not fall under Article 46 of the Marriage Law.
4) But for your case: if you want to ask for "compensation" or "compensation" from the husband at the time of divorce, if it is negotiated with the other party and agreed to by the other party, it is okay; If it is to the court, it will not be supported.
2. Although they have not really lived together and have not set up a banquet: but they have already received a marriage certificate, that is, a husband and wife recognized by law, there are two ways to dissolve the relationship: one is when both parties can reach an agreement on voluntary divorce, property division, debt sharing, etc., together they can go to the civil affairs bureau where one party's permanent residence is located to obtain a divorce certificate; Second, if the two parties cannot reach an agreement on one of the following matters, they can only sue the court for resolution.
3. The area of the house that the woman got before the marriage:
1) The pre-marital personal property belonging to the woman, if divorced, the man will not be able to share it.
2) However, if the woman and her family agree to the man's request at that time and register the woman's housing area with the man's house, it may become the joint property of the husband and wife, and the woman shall be deemed to have voluntarily donated part of the property rights to the man or the man's family free of charge.
4. "After the woman suffers such a blow, if she goes to court, can she get the corresponding compensation?" ”:
1) If you go to court: The court will not support the woman's request for compensation on the above grounds alone.
2) However, if the woman negotiates with the man and his family according to folk customs: it is possible.
5. "In fact, the woman doesn't care about the amount of compensation, that is, she wants to punish the man's despicable methods, regard marriage as child's play, and let them give the woman an explanation": Then find the man to negotiate, a yellow flower daughter married him plainly, became a divorced woman, and wanted the woman's house before she got married, ask his family and his neighbors, should he give compensation?
6. In addition, I would like to say two words: if you go to the court, it is impossible to ask for compensation, but I want to persuade the woman to leave sooner or later, fortunately you found his ugly face before the banquet, but you missed your reputation for a while, and you will not miss your life. If you don't get compensation, just go to his house to make a fuss, it's better to leave early, and entanglement with such a person is a waste of your youth and life.
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1. Both parties can divorce by agreement or by litigation.
If a man or a woman requests a divorce, the relevant departments may mediate or directly file a divorce lawsuit with 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 should be granted.
In any of the following circumstances, if mediation fails, a divorce shall be granted:
1) Bigamy or cohabitation of a person with a spouse.
2) Committing domestic violence or abusing or abandoning family members.
3) Those who have bad habits such as gambling and drug abuse that they do not change.
4) Separated for two years due to emotional discord.
5) Other circumstances that lead to the breakdown of the relationship between husband and wife. It depends on the situation.
2.After the divorce, the other party shall bear part or all of the necessary living expenses and education expenses for the children raised by one party, and the amount of the expenses 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.
An agreement or judgement concerning the maintenance and education of the child shall not prevent the child from making a reasonable demand to either parent, if necessary, in excess of the amount originally agreed upon in the agreement or judgment.
3.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.
Article 40: Where husband and wife agree in writing that property acquired during the existence of the marital relationship shall belong to each other, and one party has paid more obligations for raising children, taking care of the elderly, assisting the other party in work, etc., they have the right to request compensation from the other party at the time of divorce, and the other party shall make compensation.
Article 41: At the time of divorce, debts originally incurred by the husband and wife while living together shall be repaid jointly. If the joint property is insufficient to be repaid, or the property is owned by each other, it shall be repaid by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment. Article 42 At the time of divorce, if one party is in difficulty, the other party shall give appropriate assistance from his or her housing and other personal property.
The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.
4.In any of the following circumstances, the innocent party has the right to claim damages if the divorce is caused:
a) Bigamy.
(2) A person who has a spouse cohabits with another person;
3) Committing domestic violence.
(4) Abusing or abandoning family members.
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In any of the following circumstances, the innocent party has the right to claim damages if the divorce is caused:
a) Bigamy.
(2) A person who has a spouse cohabits with another person;
3) Committing domestic violence.
(4) Abusing or abandoning family members.
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Shijiazhuang divorce lawyer Liu Jia:
Hello! In the divorce cases we have handled, the problem you have reflected is the reality that divorce of friends in rural areas, especially among young people, is common. Marriage is like an agreement, both parties are consensual, therefore, no matter which party files for divorce, the other party cannot repay the mentality of punishing the other party and demand unnecessary compensation.
In accordance with the provisions of the Marriage Law of the People's Republic of China, (1) bigamy; (2) A person who has a spouse cohabits with another person; 3) Committing domestic violence. (4) Abusing or abandoning family members. Only the above four circumstances can claim divorce compensation, including material compensation and moral compensation, and there must be evidence to prove that one of the above circumstances can be established.
It can be seen that divorce compensation is a very strict term, and one of the parties must be seriously at fault before divorce compensation can be claimed. Therefore, it is not possible to demand compensation from the other party on impulse. However, if the other party files for divorce due to one of the above circumstances, the other party cannot indulge the other party's faulty behavior, and should actively collect evidence and demand compensation from the wrong party.
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It does not constitute a legal fault and does not compensate.
Divide the property only.
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Lou said it clearly. I'll pass by.
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It is possible to agree in writing before marriage that the property of the husband and wife shall be separately owned, and that at the time of divorce, if the woman pays more to the man or the family, the man shall give a certain amount of economic compensation, which can be regarded as a kind of compensation for the woman's labor for the family.
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