Is it OK to transfer property to children before divorce

Updated on society 2024-07-19
10 answers
  1. Anonymous users2024-02-13

    According to Article 47 of the Marriage Law of the People's Republic of China, if one party conceals, transfers, sells or destroys the joint property of the husband and wife at the time of divorce, or falsifies debts in an attempt to encroach on the property of the other party, the party who conceals, transfers, sells or destroys the joint property of the husband and wife or forges debts may receive a small or no share when dividing the joint property of the husband and wife. 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.

    Your pre-marital property is your own property. During the existence of the marital relationship, the following property shall be jointly owned as other property as specified:

    1) The income obtained by one party from the investment of personal property;

    2) Housing subsidies and housing provident funds actually obtained or should be obtained by both men and women;

    3) Pension insurance funds and bankruptcy resettlement compensation that both men and women have actually obtained or should have obtained.

    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. If one party is at fault, it may be given no or less points.

  2. Anonymous users2024-02-12

    It is a joint husband and wife, and your disposal alone is invalid without her consent.

    Even if you complete the transfer, she can apply to the court to confirm that the act is invalid.

  3. Anonymous users2024-02-11

    It is not possible for the man to unilaterally transfer the house to his son's name, and the woman's consent is required.

    Although the fault of the woman may be a factor in determining the breakdown of the relationship between the husband and wife, and the innocent party can get a larger share of the property in the divorce under the principle of taking care of the innocent party, if there is no divorce, the property acquired after the marriage is still the joint property of the husband and wife.

  4. Anonymous users2024-02-10

    If the property was acquired by him before marriage, it was okay, otherwise it couldn't

  5. Anonymous users2024-02-09

    The house should also be the joint property of the husband and wife, and the unilateral decision of the man is invalid.

  6. Anonymous users2024-02-08

    The property after marriage, no matter who acquires more of it, is legally the joint property of the husband and wife. Ownership belongs to both husband and wife.

    Pre-marital property, if justly recognized, belongs to a separate individual. If not, it is also jointly owned by the husband and wife.

  7. Anonymous users2024-02-07

    Absolutely, if you can close the title successfully.

  8. Anonymous users2024-02-06

    Legal analysis: No, it is not possible to transfer property to children before divorce, this is a disguised concealment and transfer of joint property of husband and wife, unless it is agreed by both parties and agreed by both husband and wife, otherwise, even if it is transferred to children, it is a violation of the property rights of the parties.

    Legal basis: Civil Code of the People's Republic of China

    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 gambling, drug abuse, or other vices that have been repeatedly taught; (4) They have been 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.

    Article 1089? In the event of divorce, the joint debts of the husband and wife shall be repaid jointly. Where the joint property is insufficient to be paid off or the property is owned by each other, the two parties shall settle it by agreement; If the agreement is not reached, the people's court shall make a judgment.

  9. Anonymous users2024-02-05

    Is it okay to transfer property to children before divorce? Article 1092 of the Civil Code (Effective) [Legal Consequences of One Party Infringing on the Joint Property of the Husband and Wife] Where one of the spouses 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 dividing the joint property of the husband and wife in divorce, the other party may share less 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 parents belong to the husband and wife and have no relationship with others. If the parents divorce, it shall be resolved through negotiation between the parents or through litigation, and the children shall not have the right to participate in the division whether they are adults or not. 1. If the parents are divorced, the property will be divided equally between the two parties after marriage.

    2. Even if the child pays his salary to the family, the child will not receive the property when the parents divorce. 3. If the parents divorce before and after the child's marriage, and the mother uses the household appliances and other items that the family has saved for the child, this is considered a gift from the parents to the child, and the parents will not divide the closed part of the property when they divorce. Legal basis:

    Article 1087 of the Civil Code [Disposal of the Joint Property of the Husband and Wife in the Event of Divorce] In the event of divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party. The rights and interests enjoyed by the husband or wife in the family land contract management shall be protected in accordance with law. Article 1088: [Financial Compensation for Divorce] 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 fails, the people's court shall make a judgment. There is no doubt that the parties are required to pay child support after a divorce, but the issue of paying maintenance should not be confused with the joint property between the spouses. Neither spouse is entitled to transfer part or all of the joint property to the child's name without consultation with the other party, and the child himself has no right to claim the division of the joint property belonging to the parents.

  10. Anonymous users2024-02-04

    No, Article 47 of the Marriage Law provides that in the event of a 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, the party who conceals, transfers, sells, or destroys the joint property of the husband and wife or falsifies the debts may receive a small or no share when dividing the joint property of the husband and wife. After the divorce, if the other party discovers 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 parents belong to the husband and wife and have no relationship with others.

    If the parents divorce, it shall be resolved through negotiation between the parents or through litigation, and the children shall not have the right to participate in the division whether they are of age or not. 1. If the father and mother of the clan are divorced, the property will be divided equally between the two parties after marriage. 2. Even if the child pays his salary to the family, the child will not receive the property when the parents divorce.

    3. If the parents divorce before and after the child's marriage, and the mother uses the household appliances and other items saved by the family to buy the child, this is considered a gift from the parents to the child, and the parents will not divide this part of the property when they divorce. Legal basis: Paragraph 2 of Article 17 has equal rights to dispose of jointly owned property.

    Article 39 In the event of divorce, the husband and wife shall handle the matter by agreement of both 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.

Related questions
5 answers2024-07-19

Legal analysis: The pre-marital property of one party is personal property and cannot be divided in the event of divorce, and the property owned by one of the spouses shall not be converted into the joint property of the husband and wife due to the continuation of the marital relationship. Unless otherwise agreed by the parties. >>>More

7 answers2024-07-19

Legal analysis: The pre-marital property of one party is personal property and cannot be divided in the event of divorce, and the property owned by one of the spouses shall not be converted into the joint property of the husband and wife due to the continuation of the marital relationship. Unless otherwise agreed by the parties. >>>More

9 answers2024-07-19

First of all, the transfer of property in divorce is aimed at the transfer of joint property of the husband and wife. There are different ways to transfer property in divorce depending on the property >>>More

29 answers2024-07-19

Legal analysis: The pre-marital property of one party is personal property and cannot be divided in the event of divorce, and the property owned by one of the spouses shall not be converted into the joint property of the husband and wife due to the continuation of the marital relationship. Unless otherwise agreed by the parties. >>>More

6 answers2024-07-19

Nowadays, there are many reasons for divorce, some people remarry soon after divorce, because the original joint property of the husband and wife has been disposed of at the time of divorce, so how to calculate the joint property of the husband and wife after the remarriage of the original divorce agreement has been disposed of has caused many troubles, so many parties come to consult me about this problem, after years of experience, I personally think that whether it is a divorce by agreement or a divorce by litigation, the joint property of the husband and wife has been disposed of at the time of divorce. The ownership of the joint property of the husband and wife that has been disposed of after the divorce of the parties shall be determined in accordance with the result of the disposition. After remarriage, the property that has been disposed of at the time of the previous divorce shall belong to the pre-marital property of both parties, and whether it is owned by one party or jointly owned by both parties depends on the result of the disposition of the property at the time of the previous divorce. According to the Marriage Act: >>>More