Property Issues After Parental Agreed Divorce 20

That's your dad's, isn't it?

Of course, if you sell it yourself, you will still find the owner of the real estate certificate in the end, and in the end it will be your father, in a word.

See if your dad agrees or not.

If you don't understand, you don't understand, and you are legally illiterate.

However, if the real estate deed is in your father's name, unless your father doesn't want it, give it to you privately, otherwise legally, the money is his.

Is the property still divided before and after marriage? I don't understand this, I think that if the two are married, then all the property should be joint, that is, your husband should also have a share.

I think it's better to be in the name of your father, the money is said to be your father's, and you take care of it, after all, he is your father, and your husband is just a relative who may become a stranger at any time.

Use the proof of agreement to handle the transfer of property rights (as soon as possible). It is best to file with the real estate exchange. It should be pre-marital property, but it's better to do a notarization, agreement or something.

1.Take the previous divorce agreement, you have to have evidence. If it's not in my hands, I have to adjust the gears.

2.Notarization of pre-marital property.

1. The basic content of the agreement on the separation of family and propertySeparation, as the name suggests, separates a family and divides it into several families. An entire family disintegrates, and several new families are formed and born. Separation, mainly the division of property.

Among the property, it is mainly divided into fixed assets and funds, that is, the savings of the parents and the private property of the parents. The basic content of the agreement on the division of family and property shall include the following aspects: (1) the name of the contractor and the title of the person in the family; (2) The reason for the separation, the reason and the purpose; (3) The agreement to divide the common family property and the arrangement for the settlement of the debts of the original family; (4) A breakdown of the divided property and the name of its owner; (5) Names of witnesses; (6) Signatures and seals of the contractors and witnesses; (7) The specific time and date of execution of the contract.

2. Matters to be paid attention to when separating family and property (1) When separating family and property, it is necessary to make a clear distinction between the common property of the family and the personal property of the family members. The division of family property can only be the division of the common property of the family, and the personal property belonging to the members of the family and the court does not belong to the category of division. (2) When dividing the family and property, the common property of the family should be divided in accordance with the principle of fairness and reasonableness.

The division of common family property, especially the division of certain production and labor tools, equipment, and other property, should be as conducive to production as possible and to giving play to the respective specialties of family members. For certain specific properties that are inconvenient to divide, they can also be modified by way of special agreement to give full play to the effectiveness of this item. The division of property is directly related to the future living arrangements of family members.

Therefore, it should be carried out in the form of a separate family and property separation agreement, so that there will be no dispute over the unclear ownership of a certain property after the division of the town.

Hello! According to the divorce agreement you asked, how to divide the property, 1. The property purchased by one of the parties before the marriage of the husband and wife, and all the house payments were paid off and the real estate certificate was obtained, which is the pre-marital property belonging to this party and is not within the scope of the divorce real estate division; 2. After the husband and wife get married, the real estate purchased by one of the parties with their own personal property before marriage is also the personal property of this party, and it is not within the scope of the divorce real estate division; 3. If the husband and wife jointly contribute to the purchase of real estate in full after marriage, and only divorce after obtaining the house ownership certificate, it belongs to the joint property of the husband and wife, and no matter how big the difference in the share of one of the parties is contributed, they participate in the division of the real estate after the divorce.

Interpretation of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family (1).

Article 76.

If the parties cannot reach an agreement on the value and ownership of the house in the joint property of the husband and wife, the people's court shall handle it separately according to the following circumstances:

1) Where both parties claim ownership of the house and agree to bid for it, it shall be permitted;

2) If one party claims the ownership of the house, the appraisal agency shall evaluate the house according to the market, and the party that obtains the ownership of the house shall give the other party corresponding compensation;

3) If neither party claims ownership of the house, the proceeds shall be divided according to the application of the parties for auction and sale of the house.

Legal analysis: The real estate of the parents does not belong to the joint property of the husband and wife or the personal property of one of the husband and wife, so it has nothing to do with the fact that both husband and wife are sedans.

Legal basis: Civil Code of the People's Republic of China Article 1087 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 contracting and management of family land shall be protected in accordance with law.

1.If the parents contributed to the purchase of a house for both parties before the marriage of the son, the contribution shall be considered as a personal gift to the son or daughter and shall not be related to the spouse of the son or daughter after the marriage. 2.

If one of the husband and wife signs a contract for the sale and purchase of real estate before marriage, pays the down payment with personal property and takes out a loan from the bank, and repays the loan with the joint property of the husband and wife after marriage, and the real estate is registered in the name of the party who paid the down payment, the real estate shall be disposed of by agreement between the two parties at the time of divorce. If no agreement can be reached in accordance with the provisions of the preceding paragraph, the people's court may make a judgment that the immovable property belongs to the party registered in the property right, and the loan that has not yet been repaid shall be the personal debt of the party registered in the property right.

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 mutual agreement; 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 husbands or wives in the contracting and management of family land shall be protected in accordance with law. Article 1088 of the Civil Code of the People's Republic of China: 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 for the slag source shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.