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If there is no impact, it is still the joint property of the husband and wife.
In the event of a 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.
According to the Marriage Law of the People's Republic of China:
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.
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There is no impact, and it is the joint property of the husband and wife.
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Legal analysis: If it is bought after marriage, it should be counted as the joint property of the husband and wife, but if the divorce money is transferred to the name of the parents, it constitutes a situation in which 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, and divides the joint property of the husband and wife in accordance with the relevant provisions when the divorce divides the joint property of the husband and wife.
Legal basis: Article 1092 of the Civil Code of the People's Republic of China: Where one of the husband and wife conceals, transfers, or sells Lao Sen, destroys, or squanders the joint property of the husband and wife, or falsifies the joint debts of the husband and wife in an attempt to encroach on the property of the other party, when dividing the joint property of the husband and wife in divorce, the other party 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.
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Legal Analysis: Suing for the transfer of property before divorce is invalid. The act of transferring property can be recovered if the other party files a lawsuit with the people's court. The act of transferring property is null and void.
1. 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 the debts may receive a small share or no share.
2. After the divorce, if the other party discovers that he or she has committed the above 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.
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 a divorce lawsuit, the divorce shall be granted.
Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.
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If it is bought after marriage, it should be counted as the joint property of the husband and wife, but if the divorce money is transferred to the name of the parents, and the divorce money is transferred to the parents, and the person who is involved in the divorce proceedings 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, the joint property of the husband and wife may be divided in accordance with the relevant provisions when the divorce is divided. Article 1092 of the Civil Code of the People's Republic of China: Where one of the husband and wife conceals, transfers, sells, destroys, or squanders the joint property of the husband and wife, or falsifies the joint debts of the husband and wife in an attempt to encroach on the property of the other party, when the joint property of the husband and wife is divided in divorce, the other party may be divided less or no share. After the divorce, if the other party discovers that he or she has committed the above acts, he or she may file a lawsuit with the Zao Town People's Court, requesting that the joint property of the husband and wife be divided again.
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The information required for the transfer of ownership of the car to the husband after the divorce is as follows:
1. 1 original and 1 copy of the ID card of the original owner (or **person) (if it is a public account, it is the original and copy of the unit organization);
2. 1 original and 1 copy of the registration certificate;
3. One original and one copy of the driving license;
4. 1 original and 1 copy of the original car purchase invoice (or the last transfer invoice);
5. Certificate of purchase tax payment.
Procedures: 1. 1 original ID card of the new owner, 3 copies or one original and one copy of the ID card of the first person (if it is a public household, it is the original and copy of the unit organization);
2. Motor vehicle registration, transfer and cancellation registration form Transfer application form;
3. In the restricted area, it is also necessary to prepare an original and 3 copies of the configuration index of individual passenger cars;
4. If the buyer is a foreign household registration with a local license, a valid residence permit is required.
Legal basis: Article 17 of the Measures for the Administration of Second-hand Car Circulation.
The seller of the second-hand car shall provide the buyer with the real information and information on the use, repair, accident, and inspection of the vehicle, as well as whether the mortgage is registered, the tax is paid, and the scrapping period. If the vehicle purchased by the buyer cannot be transferred and registered due to the seller's concealment and fraud, the seller shall unconditionally accept the return of the vehicle and refund the purchase price and other expenses.
Article 22.
After the completion of the second-hand car transaction, the seller shall deliver the vehicle, license plate and legal certificate and certificate of the vehicle to the buyer in a timely manner. Vehicle statutory certificates and vouchers mainly include: 1. "Motor Vehicle Registration Certificate"; Qing Li Er's "Yu Gao Chi Motor Vehicle Driving License"; 3. Effective motor vehicle safety technical inspection mark; 4. Certificate of tax payment of vehicle acquisition tax; Proof of payment of road tolls in Wuyang; 6. Proof of payment of vehicle and vessel use tax; 7. Vehicle insurance policy.
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If the original owner has signed, it is valid.
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It depends on whose name the car is.
If it is in your name, you can transfer the property, but this is joint property after marriage, and the consent of both husband and wife is required, otherwise it is suspected of transferring marital property.
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Summary. Hello, according to the Chinese marriage law, the joint property of the husband and wife should be divided in the event of divorce. If the car is the woman's personal property before the marriage, then the man has no right to request that it be transferred to his own name.
However, if the car is the joint property of the husband and wife, then in the divorce property division, the parties need to negotiate how to deal with the ownership of the car. During the negotiation process, it is also possible to consider transferring the car to the man's name, but the woman's consent is required. The final decision may need to be achieved through a court decision.
The car was bought for me by the man before marriage, and the information in Che Qingying's Sochang book is mine, and now I am going to divorce Nai Zhenghong I have sued him, and she wants to transfer my car to his name.
Hello, according to the marriage law of the country, the joint property of the husband and wife should be divided in the event of divorce. If the car is the woman's personal property before the marriage, then the male companion has no right to request that it be transferred to his own name. However, if the car is the joint property of the husband and wife, then in the division of property in the divorce, the parties need to negotiate how to deal with the ownership of the car.
During the negotiation process, it is also possible to consider transferring the car to the man's name, but the woman's consent is required. The final decision may need to be achieved through a court decision.
Hello, if the car is your personal property before marriage, then the man has no right to claim that it be transferred to his own name. According to China's marriage law, when a husband and wife divorce, the joint property of the husband and wife should be divided, and the property before the marriage shall belong to each other. Therefore, in the case of divorce and division of property, the car should be considered as your pre-marital property and does not fall under the category of marital property.
In the lawsuit, you can defend your brother by providing evidence to the court to prove that the car is your pre-marital property, and demand that your legal rights and interests be protected and that the ownership of the car should not be transferred to the husband's name. The final verdict may be determined on a case-by-case basis.
I don't agree now, I have a household registration with him.
I'm afraid that he has a copy of my ID card at home, and he can't transfer the ownership.
I'm going to get divorced and drive the car.
Hello, you can rest assured that he can't pass the house. If all the information of the car is registered in your name, then even if he has a copy of your ID card, he cannot transfer the car to his name without your consent. In China, the transfer of ownership of the vehicle needs to provide the owner's ID card and driving license and other relevant information, which must be consistent with the information registered on the vehicle, otherwise the transfer cannot be completed.
Therefore, in the division of property in a divorce, if you do not agree to transfer the car to the other party, then the court will not support the other party's request. Mould stool.
He didn't have my original ID card, only the household registration book, and the vehicle license was in the car, and the car was now at the man's house.
I guess I can't transfer it.
You can rest assured, the transfer will not be possible. If you don't have your ID card in person, you can't transfer it directly.
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