In the event of a divorce, how will the child s property be calculated?

The first house, 430,000 yuan, since the real estate certificate is the daughter's name, the ownership of the house belongs to the daughter, is the daughter's property, and does not belong to the joint property of the husband and wife. The divorce of parents cannot divide the house. As for whether the loan is in the parents or something else, it has nothing to do with the division of the divorced property.

The second house, 350,000 yuan, because the real estate certificate is written in the names of three people, belongs to the parents and daughters jointly owned, and does not belong to the joint property of the husband and wife.

The Marriage Law clarifies that the division of joint property between husband and wife shall be carried out by negotiation.

Maybe in fact, the second set of money is paid by the parents, but the real estate certificate states that the parents and daughter jointly share, which legally affirms the daughter's ownership of the house. Besides, it is jointly owned, not shared, and in legal terms, I think it still does not belong to the joint property of the husband and wife, it is shared by three people.

It's you again, and you haven't left yet.

Three, I'll ask you.

You said there that the two houses are not the property of the husband and wife, is it your not in the name of the daughter, now the parents don't want to give it to him, if the three have the ability, contact the landlord to see if you can according to what you said is your name is your house, it depends on what the father says, don't think too much, divide it, what is the common property, package you to raise and give you a house.

You're a son of a debtor, right,.

The down payment of 210,000 yuan for the first house belongs to the daughter, and the loan of 220,000 yuan is a joint debt of the husband and wife, which should be borne by the husband and wifeSince the title deed is in the daughter's name, the ownership of the house belongs to the daughter, is the daughter's property, and does not belong to the joint property of the husband and wife. The divorce of parents cannot divide the house.

As for whether the loan is in the parents or something else, it has nothing to do with the division of the divorced property.

The second house belongs to the joint property of the husband and wife The division of the property should be decided according to the specific circumstances of the couple! If the names of three people are written on the real estate certificate, they belong to the parents and daughters jointly, and do not belong to the joint property of the husband and wife.

If there is a dispute over custody, the law stipulates that the child under the age of two will generally be awarded to the mother, and the court will decide the ownership of custody according to the principle of benefiting the child's growth from two years old to ten years old; If the child is over 10 years old, the child's personal wishes will generally be respected. Regarding the division of real estate, is the house purchased before or after marriage? The house purchased after marriage belongs to the joint property of the husband and wife, and the situation of buying a joint loan repayment before marriage is too high, and the details can be consulted by phone, I hope it can help you!

Article 1084 of the Civil Code stipulates that the relationship between parents and children shall not be extinguished by the divorce of parents. After divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or mother. After divorce, parents still have the right and obligation to raise, educate and protect their children.

After divorce, children under the age of two years shall be raised directly by their mothers. For children who have reached the age of two, and the parents fail to reach an agreement on the issue of child support, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child. Where children have reached the age of 8, their true wishes shall be respected.

In the event of a divorce between husband and wife, the distribution of property with children is regulated as follows:

1. Consider raising and taking care of the child, and award the house to the party raising the child, which is conducive to the healthy growth of the child;

2. After marriage, one party uses pre-marital property to buy a house, and the house is registered in the name of one party, then it will be treated as personal property. If only the down payment is paid, the house can be awarded to the registered party at the time of divorce, but the loan repaid jointly after the marriage and the corresponding part of the house appreciation belong to the joint property of the husband and wife and are treated as joint ownership;

3. If the house is registered in the name of the minor child, it belongs to the property of the minor child, and can be temporarily managed by the guardian of the child in the event of divorce;

4. If the house is in the name of one of the parents, the capital contribution can be treated as a creditor's right.

The circumstances of the transfer of real estate between husband and wife are:

1) Transfer of real estate during the existence of the marital relationship: During the existence of the marital relationship, whether the husband and wife agree that the real estate owned by the other party before the marriage, or the real estate owned by one party during the marriage, it is a gift of real estate, and the notarial certificate of gift shall be completed before the real estate transfer procedures.

It should be noted that in real life, when applying for registration of real estate acquired during marriage, one of the husband and wife submits an application rather than a joint application for both parties, so for the real estate registered in the name of the husband or wife and it is actually jointly owned by the husband and wife, the husband and wife should jointly apply to the real estate registration authority and submit the valid identity documents and marital relationship certificates of both husband and wife.

2) Transfer of real estate due to the dissolution of marriage: The ways for the dissolution of marriage between husband and wife are: both parties apply to the civil affairs department for divorce procedures, and after reaching an agreement on child support, property division and other issues, they will receive a divorce certificate; If the agreement fails, a request for divorce may be filed with the people's court, and the court will mediate or make a judgment to dissolve the marriage.

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

Article 1,000 Volt 087 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.

Legal analysis: 1. The real estate purchased by one party before marriage belongs to his personal property, and the spouse has no right to request division in the event of divorce; 2. The real estate purchased by one party with personal property after marriage also belongs to one of them.

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' intention 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;

Three return to Jane) have gambling, drug abuse and other vices repeatedly taught;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the couple's feelings.

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.