What if I divorced my wife and I only had a car

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.

Therefore, in the event of a divorce, the joint property of the husband and wife is 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.

Hello: After marriage, the husband and wife jointly bought a car, written in the name of a person", then the car generally belongs to the "joint property of the husband and wife", in the divorce first negotiate how to divide, the court generally distributes in half according to the value of the car.

Legal basis: Article 18 of the Marriage Law 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 of the parties;

2) Medical expenses, living allowances for the disabled, and other expenses received by one party as a result of bodily injury;

3) Property that is determined in the will or gift contract to belong to only one of the husband or wife;

4) Daily necessities for the exclusive use of one side;

5) Other property that shall belong to one side.

Therefore, property acquired after marriage is generally considered "community property" (regardless of the person's signature); However, if one party can prove that the purchase was made with his or her "prenuptial deposit", it can be "pre-marital property" and belong to the purchaser at the time of divorce; Of course, if it can be proved that "it is a gift within marriage", it will be handled in accordance with the relevant provisions of the Contract Law.

Hope mine can help you!

The person who wants the car pays the person who doesn't want the car.

Summary. Here it is recommended to figure out that your wife is not really because of property, don't get me wrong. Have a good talk with Mrs., and then decide what to do in the future, and you have to put your mind down and talk to Mrs. seriously to find out the reason.

My wife wants to divorce me over property issues.

Here it is recommended to figure out that your wife is not really because of property, don't get me wrong. Have a good talk with Mrs., and then decide what to do in the future, and you have to put your mind down and talk to Mrs. seriously to find out the reason.

Before my wife and I got married, my mother promised to give us a commercial house to live in, and after a few months of marriage, she was ready to move, and then, for a little thing, my wife quarreled with me, my mother beat ** to him, and he yelled at my mother, my mother was angry and didn't let him live, our commercial house, we have a self-built house, and now we live in it, my wife is angry, she wants to divorce me, and then she beat the child out privately, she told me today that she is going to the court and sue me for divorce, will the court immediately decide?

Then he ran away and hid, and then went to the court to sue me for divorce, how will the court decide? I do love him so much that I don't want a divorce.

How the court decides depends on what your situation will be.

If you love her very much and don't want to leave, you still have to find your wife first.

I just can't find anyone.

This is more troublesome, do you feel that your wife is why she went to court to sue?

She said "Mom, what happened to this matter, you have to figure this out, and to solve one thing, you have to start with the cause."

My wife has already sent me a message and he is going to court to sue me for divorce, saying that I cheated on my marriage.

She must have thought that you said you wanted a house when you got married, but now you don't, and she must be uncomfortable.

The solution is to ask your wife to talk to your mother.

Legal Analysis: Unilateral divorce can of course divide property. Freedom to marry, divorce is also free, whether unilateral or both parties file for divorce, it is possible to divide the joint property after marriage.

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 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.

Summary. Kiss <>

We'll be happy to answer for you. <>

The way to deal with the car in the name of the husband and wife in the divorce is not their own is as follows: the car can be transferred to the name of both spouses or one of the spouses, and then divided. According to the relevant laws and regulations, the matrimonial property system implements a joint ownership system, which, in principle, does not take into account the size of the parties' contribution to the property or the existence and level of income, and generally divides the joint property of the husband and wife equally at the time of divorce.

What should I do if the car in the name of the husband and wife divorced is not their own.

Kiss <>

We'll be happy to answer for you. <>

The way to deal with the car in the name of the husband and wife who divorced is not their own is as follows: you can take the car to the name of both husband and wife or one of the spouses first, and then take it and then divide it slowly. According to the relevant laws and regulations, the matrimonial property system implements a joint ownership system, which, in principle, does not take into account the size of the parties' contribution to the property or the existence and level of income, and generally divides the joint property of the husband and wife equally at the time of divorce.

Legal basis<>

Article 1087 of the Civil Code of the People's Republic of China In the event of divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties; If the agreement fails, the people's court shall make a judgment in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party on the basis of the specific circumstances of the property. The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

Can you describe <> situation?

If you buy the joint property of the husband and wife after marriage, the legal aspect of whose name you are with will not be affected. Article 17 of the Marriage Law stipulates the scope of property acquired by husband and wife during the existence of the marital relationship and which shall be jointly owned by the husband and wife.

Article 7 of the "Provisions on the Registration of Motor Vehicles" applies for registration, the owner of the motor vehicle shall fill in the application form, submit the motor vehicle for inspection, and submit the following certificates and vouchers:

1) Proof of identity of the owner of the motor vehicle.

2) Proof of the origin of the motor vehicle such as the purchase invoice.

3) The factory qualification certificate of the motor vehicle or the import certificate of the imported motor vehicle.

4) Vehicle acquisition tax payment certificate or tax exemption certificate.

5) Compulsory insurance certificate for motor vehicle traffic accident liability.

This is the joint property of the husband and wife and can be settled through negotiation. The owner of the car is her, and she does not need to go through any formalities, and you have to go through the transfer procedures and re-apply for the license plate.

The car bought by the husband and wife during marriage, no matter whose name, as long as it is not notarized as private property, is the joint property of the husband and wife!

Article 1062 of the Civil Code stipulates that the following property acquired by husband and wife during the existence of the marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife: (1) wages, bonuses and remuneration for labor services; (2) Income from production, operation and investment; (3) the proceeds of intellectual property rights; (4) Inherited or donated property, except as provided for in item 3 of Article 163 of this Law; (5) Other property that shall be jointly owned. Husband and wife have equal rights to dispose of joint property.

Therefore, we first need to distinguish between the property being pre-marital property and private post-marital property. If the house and vehicle are the personal property of the husband before the marriage, for example, the property purchased by the husband in full before the marriage, the property that the husband's parents expressly agreed to give only to the husband personally, or the property that the will expressly agreed to belong only to the husband. Even if these properties are sold during the marriage, the money for the sale of the house or the car is also the personal property of the man, and if the man does not agree, the woman cannot ask for a division.

If both the house and the vehicle are purchased after marriage, then they are generally joint property. When the husband is married**, the money for the sale of the house and the car belong to the joint property of the husband and wife, and the woman can claim to divide it in the event of divorce.

However, it should be noted that although the money for the house and vehicle of the husband ** can be divided, it does not mean that the divorce can be divided according to the sales price. For example, if the man sold the house for 2 million ** in 2019, from the time the house was sold to the time when the woman filed for divorce in 2021, the man used 2 million for the family's daily expenses, and now there is only 500,000 left. Then the woman can only get 500,000 yuan, and the claim of 2 million yuan cannot be supported by the court.

In addition, the degree of contribution of the spouses to the house is also an important factor in the court's consideration of the division. If the house is used by one of the parties to the pre-marital property, some courts will divide the pre-marital property before dividing it.

Since the market value of houses and vehicles is greatly affected, it is necessary to collect relevant evidence as a woman who does not own the property. For example, whether the value of the house is reasonable, the final destination of the sale money or the car sale money, the use of the use, and if necessary, you can also seek help from a professional marriage and family lawyer.

Yes, as long as you prove that the property was your pre-marital property, you can ask for half of it even after the divorce.

At this time, you will definitely be able to share the property, because it is the joint property of the two of you, so if he doesn't give it to you, you can go to him.

Of course, you can divide the property, and you should apply for an appeal so that the court will divide half of your husband's money.