Divorce Property Issues! Please talk about the law! 20

She can divide half of the house, but she also has to repay half of the loan.

Unfortunately to tell you, your house does have half of hers.

But your parents' IOU is a marital debt, and she has to pay half of it, but the monthly payment part, if there is no IOU, even if your parents give it to you.

The Supreme People's Court on Application.

Interpretation of Several Issues Concerning the Marriage Law of the People's Republic of China (II).

Article 22: Where before the parties get married, the parents contribute to the purchase of a house by both parties, the contribution shall be found to be a personal gift to their children, except where the parents expressly express that the gift is made to both parties.

After the parties get married, where the parents contribute to the purchase of a house for both parties, the contribution shall be deemed to be a gift to both husband and wife, except where the parents expressly express that the gift is made to one of the parties.

Article 17 of the Marriage Law The following property acquired by husband and wife during the existence of the marital relationship shall be jointly owned by the husband and wife:

1) Wages and bonuses;

2) the income from production and operation;

3) income from 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.

Marriage is not for the sake of procreation, and if the divorce is filed for this ground, then there is no compensation, and moreover, it should not be compensated.

If the house is pre-marital property, and after marriage, the man is not willing to give you half of it, and your sister has no right to divide the house.

Since the car was bought during marriage, it is the joint property of the husband and wife, but the premise is that the money for the car belongs to the husband and wife, not the parents of one of the husband and wife, otherwise it is also a debt relationship.

It is not a problem for the man to conceal the fertility problem, first of all, he has to deliberately say that I can give birth, and it is very accurate to show the proof, so that it can be said that the other party has concealed it. If the other party has not checked before marriage, who will doubt that they can't have children? If you claim that he deliberately concealed it, you will bear the burden of proof.

It's not me pouring cold water on you, may I ask, how much did the woman take out when she got married? How much did the other party give? It can't be said that the woman loses more when she gets married, so she has to compensate.

Moreover, people are not fertility machines, the feelings between husband and wife are the objects of legal protection, if it is for the sake of children, to say something unpleasant, that seems to be a fertility machine, and it is too strict with yourself. What if you can't have children? I have an older sister who has been married for a long time, six years, but she can't have children, and neither of them checks to see if it's the other's fault, they say that they are together because they have to take care of each other, and they are together in order to hold hands and face the future.

It's not a fault that you can't have children, okay? It would be impossible to claim compensation in this way. Moreover, I think if it is the other party's fault, the other party will definitely feel guilty, so it will be better for your sister, so isn't your sister's life better?

Wouldn't it be happier? Isn't what women want is for men to be more considerate, take care of themselves, and make more concessions, and wouldn't it be better if men could take more care of them?

However, this is not a question of right or wrong, the law protects the legitimate interests of citizens, and your sister can ask for a divorce to divide the joint property of the husband and wife, that is, the property they jointly acquired during the marriage, unless the law clearly stipulates that it is owned by an individual, or when someone else gives it to one party, otherwise, it is all joint property, then your sister can ask for division. Therefore, it is not completely out of the house.

Your sister can't get extra compensation.

If you get divorced, you can negotiate it, and you can do whatever you want if both parties agree.

If the divorce is adjudicated, the house belongs to the pre-marital property and belongs to the man, and the car is after the marriage and can be distributed. In addition, your sister can share half of the other income during the marriage.

First of all, you have to understand that marriage is not a contractual relationship, so the fact that the man is hiding the problem of not being able to have children does not constitute fraud, and it does not matter what compensation is.

Secondly, from what you said, the house is a pre-marital property, and your sister can't share it, and the car is a marital property, and half of it is written in one person's name.

1. The house is the man's personal property and cannot be divided.

2. The car is the joint property of the husband and wife and can be divided.

3 Inability to have children is a ground for divorce, but compensation cannot be claimed. Because the grounds for damages for divorce in our country are statutory, there are only four types. Infertility is not included.

You can tell you more about the specific properties.

Definition of bride price: bride price money is the property given by the man to the woman at the time of engagement, which is generally paid before marriage.

Relevant provisions on bride price: For bride price, the current law only stipulates in Article 10 of the Interpretation (II) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China: "Where a party requests the return of a bride price paid in accordance with custom, the people's court shall support it if it is ascertained to fall under the following circumstances:

1) The parties have not gone through the marriage registration formalities; (2) The parties have gone through marriage registration formalities but do not live together; (3) Payments made before marriage and causing hardship to the payor. The application of the provisions of items (2) and (3) of the preceding paragraph shall be conditional on the divorce of both parties. ”

In the absence of the above conditions, the husband is not entitled to the return of the bride price.

In this case, there is no need to return the bride price. It is clearly stipulated in the law. The two gold do not need to be returned, they are gifts.

Case: After Xiao Li and Xiao Chen got married, Xiao Li's sister went abroad and gave Xiao Li a set of her own private real estate. Later, Xiao Li and Xiao Chen divorced, and Xiao Chen proposed to divide the real estate donated to Xiao Li by Xiao Li's sister, and the court held that according to the provisions of the Marriage Law, the real estate donated by Xiao Li should belong to his personal property and could not be given as the joint property of the husband and wife.

Handling of Acts of One Party Concealing, Transferring, Selling, or Destroying the Joint Property of the Husband and Wife During the Divorce, where one party conceals, transfers, sells, or destroys the property jointly owned by 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 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.

The other party said that it would be best if the money was a bride price, and it would not be refunded according to your situation. (If it's for both of you, according to you, it's going to have to be split in half.) If the other party sues you for a refund, they have to provide evidence.

The other party also secretly moves your married belongings home, which is to transfer your joint property (but you must have evidence to prove that it is your joint property), and you can ask him to divide the property with little or no share.

Since you are not detailed enough and the matter is not simple, it is recommended to be in your place, and it is difficult to give a perfect answer here.

All I have now is a record of their ** calls, text messages from April to July. Nothing else. It is a fact that they themselves admit. But didn't make a recording Thank you

If both parties agree to divorce, if you divorce by mutual agreement, you can divide the property according to your own agreement, as long as both parties wish.

If the parties cannot reach a consensus on the distribution of the property, they can file a lawsuit and the court will make a judgment in accordance with the relevant legal provisions.

1. The issue of house ownership: The house is your personal property.

2. Other joint property: Since the reason for the divorce is that you hit the other party, you are at fault. In the case of litigation, the court will favor the innocent party, that is, you should give the other party an appropriate amount of compensation, and you will share relatively less.

The house, according to the relevant judicial interpretations, should largely be counted as your personal property. As for your other property, if it cannot be proved to be personal property, then it will be divided equally between the two of you. As for the divorce issue, since you both agree to divorce, it shouldn't be a problem.

The handling of the property right certificate has nothing to do with divorce and the like, and can be continued.

The house was purchased during the relationship and is joint property.

If the property division agreement does not write the ownership of the property at the time of divorce, it will only affect the distribution of property, and will not affect the handling of the property right certificate, and the property is not written into the property division agreement, then it will be regarded as a non-agreed property, and the division --- will be determined in accordance with the relevant provisions of the law, that is, the joint property.

When the house was purchased and signed for the record, the woman's name was written, but this is not the key evidence, this is only the record, and the ownership of the house should belong to the person indicated on the property right certificate. If the title deed is not processed, the house belongs to the person who contributed the fund.

So the house legally belongs to your friend, but it's better to have evidence that the money was actually funded by your friend, such as a bank card transfer record, or a cash receipt, etc., which is more convincing. The absence of a partition agreement at the time of divorce will not directly affect the processing of the title deed, unless your friend's ex-wife is deliberately seeking benefits.

If the two parties cannot negotiate well, they can apply to the court to make a supplementary judgment on the division of the divorced property in view of the ownership of the property. If you have the evidence I mentioned, the question of attribution is relatively clear, and it belongs to your friend.

The property right certificate can be handled by signing a written agreement through negotiation between the two parties.

OK. It is the joint property of the husband and wife.

No. Negotiable or litigious.

It can be continued, and the property is joint property (purchased after marriage).

Yes, it depends mainly on the agreement of the parties and the wishes of the parties.

This is joint property, and it costs one and a half.

The house can be applied for a real estate certificate, which belongs to the joint property of the husband and wife, and the property can be divided after the real estate certificate is processed.

1.Applying for a title certificate has nothing to do with marriage. Able to handle as scheduled.

2.If it is bought during the marriage, it should be the joint property of the husband and wife.

3.Same reasons as above. It doesn't affect.

4.(And now that I'm divorced, I'm going to give the house to the man.) At the time of the divorce, the staff of the marriage registry office asked to write a divorce property division agreement, which was not written in it because the house did not have a title deed.

Didn't get it. If the house is for the man as agreed by both parties, it will be given to the man. If not, then it should be split evenly.

Hope it helps.