What to do with children, houses, and money during the divorce process?

Tianjin Lawyer Li (Professional Divorce Lawyer):

It depends on whether the property is joint property of the husband and wife, and if so, it needs to be divided. For the unknown whereabouts of the deposit, you can ask the woman for explanation. The amount of child support may be determined on the basis of the actual needs of the child, the affordability of both parents and the actual standard of living in the locality.

For those with a regular income, child support payments can generally be paid at the rate of 20 to 30 per cent of their total monthly income. Where two or more children are responsible for raising expenses, the proportion may be appropriately increased, but generally must not exceed 50 percent of the total monthly income. If there is no fixed income, the amount of child support may be determined on the basis of the total income of the year or the average income of the same industry, with reference to the above proportions.

If there are special circumstances, the above proportion may be appropriately increased or decreased. Lawyers should know that what the client needs is not a pile of legal provisions, but a solution to the problem.

Lawyer Li believes that providing free legal advice is a way for lawyers to give back to the society, and lawyers should handle divorce cases with the goal of closing the case and leaving no hidden dangers.

How can this be, if what you say is true, no matter how much it costs, you have to get a divorce.

Unless you know where the money is hidden, there is no way to recover the missing money.

The house is the joint property of the husband and wife, half of each.

Child support will be paid according to the salary ratio, which is about 25%-35%.

If the foundation of the relationship between husband and wife has been completely broken, they may file a lawsuit for divorce with the court. The joint property of the husband and wife is divided equally in the event of a divorce. You can apply to the court to investigate the other party's bank deposits.

Children born to both parties can be raised by one party, and the other party can pay child support, which is 20-30% of the monthly income.

It needs to be negotiated by both parties. According to the provisions of the Civil Code of the People's Republic of China, if the 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 their intention to reach consensus on matters such as child support, property, and debt handling.

In the case of rural divorce property, the division is joint property and is handled 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 child's belonging is:

1. Children under the age of two generally live with their mothers. If the mother has circumstances prescribed by law, she may live with the father;

2. Where both parents agree that a child under the age of two lives with the father and there is no adverse impact on the healthy growth of the child, it may be permitted;

3. For children over the age of two years, both the father and the mother request to live with them, and priority may be given to them in the circumstances prescribed by law;

4. In the event of a dispute between the parents over the age of 10 over that a minor child over the age of 10 lives with the father or mother, the child's opinion shall be taken into account.

Legal basis] According to Article 39 of the Marriage Law, in the event of 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.

Divorced, about the question of the house, if the house was bought in full before the marriage, whose name is written on the real estate certificate, the property right of the house belongs to whom, and it has nothing to do with the other party.

If it is a house bought after marriage, no matter whose name is written on the real estate certificate, it is the joint property of the husband and wife, and if you get divorced, the husband and wife should divide it equally according to the vertical draft of the house.

Regarding the issue of the child, if the child is too young, the court should award the child to the mother, and the mother should be the guardian of the child, and the parent who does not raise the child should receive maintenance expenses for the child.

For older children, the court will find out whether the guardian has the financial ability to raise the child according to the child's wishes, and whether he has the responsibility to let the child grow up healthy and happy.

Thank you for having me, Buddha, October 2, 2021.

If you get divorced, you can quietly start the house and have children. The house and the child, in fact, depends on whether they are capable. If you can provide a good education and care for your children, then take care of your own children, and if the house is a pre-marital property, you can make a style.

If you have a house and children at the time of divorce, you will generally be judged according to the actual conditions of the other party to decide who the children belong to, and whoever has good conditions will generally own the children, and your husband and wife's joint property is an equally distributed cultivation and sales chain. Or maybe it's negotiated by your grandson yourself.

If there is a house and children to deal with, if the general house is bought after the marriage is lost, then both parties have a share, which one of the children depends on which of the two parties has a stable job or voluntarily takes the child Li Ku, and then the other party does not have a child and needs to pay child support regularly.

When divorcing, if there is a house and children, it is recommended that the children and the house be tied together, so that the children are protected.

In the event of a divorce, the house and children are dealt with by mutual agreement; If an agreement is not reached, the people's court shall, on the basis of the specific circumstances of the parties, make a judgment in accordance with the principle of taking care of the rights and interests of the children, the woman, and the party who has no fault. The personal property belonging to one of the husband and wife shall be owned by the individual and shall not participate in the division.

How to deal with the divorce with a house and children is to be coordinated by the husband and wife, and if you can't deal with it, you can only go to the court.

If there is a house and children in a divorce, of course, it is necessary to divide the house, and then the two parties will discuss who the children will follow and the issue of child support.

If the house is inseparable, it can be left to the child, and the custody of the child can be given to the capable party to support, and if the two parties are willing to share the model wheel Wang Tong and support the child, there is no problem.

If there are children and a house in the divorce, then this situation needs to be negotiated by both parties, and consensus is sufficient.

Hello friend, how to deal with divorce with a house and children? Under normal circumstances, it is best to communicate with each other, think about each other for each other, and agree to solve this mountain digging problem. Children can follow whoever they like, they are your common children.

If you husband and wife choose to divorce, but Chong Xuan has a house and children, you need to negotiate between the husband and wife, first of all, the joint property, to be jointly divided, the children can be given to the party who has the ability to suspend the maintenance, and then when the property is distributed, the two parties can negotiate, if the negotiation is really not good, you can only go to the court to appeal for a divorce.

As long as both parties agree, the divorce property chain can go to the children. The fact that the parents have purchased the house and registered it with their minor children free of charge is actually a gift of property from the parents to the children, and the movable property that is not extinguished is actually delivered and fulfilled after registration, and the gift relationship is established.

If the house is jointly funded by the two of you, 50% will be accounted for in the divorce. About the custody of the child who is in disarray. The child will return to the mother when he is very young, and when the child is older, he will listen to the child, and whoever he wants to live with, he will follow him.

First of all, if the house is a joint property, it can be distributed proportionately before the year.

The custody of the child can be resolved through negotiation, or it can be disputed for delay.

When a husband and wife divorce, the children can be raised by the other party through negotiation, and the other party pays child support, and if the house is purchased after marriage, it will be divided according to the joint property of the husband and wife.

If you divorce, it belongs to the joint property of the husband and wife, and it should be divided equally, and the same is true for the house, and the child depends on who the child is willing to go with? Both of them have the obligation to raise him.

If you have a house and children after the divorce, you should negotiate with everyone, and if you can't reach an agreement, you can only solve it through legal means.

The property is divided in half, and both children have custody rights, and they must also be supported, and if they can't negotiate, the court will settle it.

After the house is sold, it will be divided according to your contribution ratio or agreement! If you want to have a child, you should ask the other person to pay child support!

Under normal circumstances, the house is left by the man to the children. Whoever has custody of the child will have the house.

If we can discuss it in private, we will discuss what to do together, and if we can't discuss it, we will leave it to the court for a decision.

That has to be dealt with by both parties to sit down and negotiate and deal with it, and that has to be dealt with by both parties to sit down and negotiate and deal with it. The two sides have to sit down and negotiate a deal.

It's good to live in your own house and raise your own children, and my wife can find another one, I think it's good.

It is up to the court to make a decision. You negotiate privately yourself, and it is always bad to negotiate.

First of all, the two parties will negotiate and deal with it, and if the negotiation fails, it will be dealt with through legal channels.

It is necessary to negotiate between the two parties. According to the provisions of the Zhizen School of the Civil Code of the People's Republic of China, if the husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

In the event of a divorce, property is divided in such a way that the property of each party belongs to one party; The joint property is to be divided by agreement between the two parties, and if the agreement is not reached, 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. The distribution of custody of children in the event of divorce is:

those who are under the age of two shall be raised directly by their mothers; Where the second year of age has already been reached, the agreement is not reached, and the people's court is to make a judgment in accordance with the principle of the best interests of the minor child; Where they have reached the age of eight, their true wishes shall be respected.

[Legal basis].Paragraph 3 of Article 1084 of the Old Civil Code.

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

Article 1087.

In the event of a 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.

The divorce of children's property is not divided, and the divorce divides the property belonging to the husband and wife. The law stipulates that the joint property of husband and wife shall first be disposed of by agreement between the two parties, and if the agreement fails, the people's court shall distribute it according to the specific circumstances of the property, and the court will distribute it in accordance with the principle of taking care of the innocent party.

[Legal basis].

Article 240 of the Civil Code provides that the owner shall enjoy the right to possess, use, benefit from and dispose of his immovable or movable property in accordance with law. Article 1087: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:Where one of the spouses bears more obligations due to raising children, taking care of the elderly, assisting the other party in work, or so forth, they have the right to request compensation from the other party when they are preparing for marriage, and the other party who has made a mistake shall give compensation. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.