Urgent!!! The issue of the division of public property in divorce

What are marital property, personal property and agreed property?

The amended Marriage Law makes specific provisions on the joint property of husband and wife, the property unique to the individual and the property agreed upon:

1. With regard to joint property, it is stipulated that 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) wages and bonuses; (2) Income from production and operation; (3) the income of intellectual property rights; (4) Property obtained by inheritance or gift, except for property determined in the will or gift contract to belong to only one of the husband or wife; (5) Other property that shall be jointly owned.

2. With regard to personal property, it is stipulated that 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 party; (2) Medical expenses, living allowances for the disabled, and other expenses obtained by one party due to physical injury; (3) The property 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.

3. Regarding the agreed property: (1) The husband and wife may agree that the property acquired during the marriage relationship and the property before the marriage shall be jointly owned, separately owned, or partly jointly owned and partly separately owned.

Where there is no agreement or the agreement is not clear, the provisions of the Marriage Law on the joint property system or the individual property system shall apply. (2) The agreement between the husband and wife on the property acquired during the existence of the marital relationship and the property before the marriage shall be binding on both parties. (3) If the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the third party, the debts owed by the husband or wife shall be paid off with the property of the husband or wife.

4) At the time of divorce, the debts originally incurred by the husband and wife 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.

Other property that is generated and purchased during the existence of the husband and wife belongs to the husband and wife in common; Divorced, of course, is half there.

If the money for land acquisition is the man's money before marriage, then the divorced woman will not be able to share it.

Is the name on the title deed your father's? Then if you get divorced, he has to show evidence that this house has his family's money, otherwise this house is your father's!!

I guess you don't get anything, it's definitely the head of the household. Therefore, it is better to negotiate as much as possible, to get together and disperse, if there are no special circumstances, it is best not to divorce, because it is difficult to find a second marriage. Good luck.

The property is personal property before the marriage, and the husband can claim to divide the loan returned after the marriage, and if there is a dispute over the appreciation of the property, the husband can also claim appropriately.

Supplement: 1. If the loan is not repaid with the joint property of the husband and wife after marriage, and the parents' help to repay the loan is a gift, and it should be listed as a gift to your sister, otherwise it is a gift to both husband and wife.

Second, your sister did not have Zheng Souhao's objection to the transfer of the house, the house was originally her personal property before marriage, and the transfer of property can only lead to her passivity.

3. The other party insists on not leaving the leakage base, and can only sue the court for divorce, and the divorce is only a matter of time.

Let's talk about the property certificate!

One is to look at the date certificate is pre-marriage (emphasis).

The second is to look at the name of the year (auxiliary).

In short, the joint property of the marriage should be divided equally, and the above two situations are excluded.

Go to the real estate trading center to check Li Yi's inquiry.

Actually, your concern is mainly if you are worried that the man and his father will forge an agreement after you mention the divorce that the house will only be given to his son, right? In judicial practice, the court will not deny the nature of the property without common property because of the agreement issued unilaterally. Unless the agreement is notarized at the time of registration of the title to the house.

You have been married for a short time, so if the divorce is decided, the man will definitely be the man, but you will be compensated appropriately.

Your situation is not a statutory divorce situation, unless you can prove that your husband has domestic violence against you, the first time you sue for divorce, the court will usually not grant a divorce, and if you sue a second time after six months, the chances of winning will be much greater. Saying this is telling you to be prepared to fight a long battle.

If your sister's real estate is fully aware of the evidence purchased before marriage, and the mortgage repayment funds have sufficient basis to prove that it is your aunt's money, this mixed and matched boy man has no reason to claim the so-called real estate rights, and my sister can not worry, rest assured! The law is about evidence.