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That divorce settlement.
Have you signed it? If it has been signed, the court has already pronounced a judgment, it can't be taken back, it's useless to deal with it, if an agreement is signed, but the court doesn't pronounce a judgment, then you can still get it back.
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See if the divorce agreement is valid. The divorce agreement is formed at the time of signature and takes effect at the time of receipt of the divorce certificate.
If you don't get a divorce certificate, you can regret it at any time (unless you have already given it to the other party).
If the certificate has been obtained, then there is basically no chance to change it, unless the man can prove that the divorce agreement was coerced or materially misunderstood, etc., and can ask the court to revoke the agreement.
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In the divorce, the man gave the house to the woman, and the man later regretted it and wanted to go back and deal with it like this.
I still have to see what the woman thinks, if you want to return it to the man, of course you can, but if the formalities have been written, and the transfer has been completed, if the woman doesn't want to give, the man will have to go back and can only go through the law to carry out some conditions, so if the facts have been formed, generally speaking, he will not go.
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The agreement only has the effect of creditor's rights, as long as the man's name is still on the real estate certificate (the effect of real rights, the general principle of civil law is the right of real rights), the house is still the man's, and the woman only has the right to request the man's assistance in the transfer of ownership according to the divorce agreement, which is called the right of request in civil law.
Therefore, the man repented and repented, just saying that the woman could hold him liable for breach of contract, that is, to lose some money.
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Regarding this situation, if it was voluntarily given by you in the previous divorce agreement, then there is no way for you to go back, because legally the son-in-law will not come back, because you voluntarily gave it to the woman and the distribution of the family property is also based on the law, there is no way to get it back.
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It's decided to give it to the woman.,It's not too authentic to come back.,Give it.,Don't regret it.,No matter what, the woman is also the person she once loved.。
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The divorce agreement states that the house is given to the woman, and it is impossible to go back, unless the house is made into money, and then the money is given to the woman, it is possible to go back.
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Since it is an agreement, it must have been signed, and it is not to come back! And how can a man go back on what he has already decided!
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If the agreement has already been signed.
Then there is legal efficiency.
So it's useless to regret it.
After all, the house is legally the woman's.
It's not yours anymore.
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Even if the divorce agreement is given to the woman, it still does not take effect, and it should be judged in the end before it takes effect.
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Once the agreement is in effect, try to negotiate as much as possible.
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If the agreement is already in place and signed, there is not much that can be done.
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The divorce agreement and the house belong to the woman, and the man can file a lawsuit with the court if he repents.
The provisions on the division of property in the divorce agreement or the agreement on the division of property reached by the parties as a result of the divorce are legally binding on both men and women.
Where parties initiate litigation due to disputes arising from the performance of a property division agreement, the people's court shall accept it.
Where both parties agree not to perform on the property division agreement within one year after the divorce, the people's court shall accept the request to modify or revoke the property division agreement. Where the people's court finds after trial that there was no fraud or coercion in entering into a property division agreement, it shall reject the parties' litigation claims in accordance with law.
According to the relevant provisions, if one of the husband and wife 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 the joint property of the husband and wife is divided in divorce, the other party may receive a small share 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.
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 office. 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.
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The divorce agreement house belongs to the woman and the man's repentance is dealt with as follows:
1. If the divorce has not been registered, the agreement has not taken effect, and the husband can request a division;
2. If the divorce has been registered, the agreement will take effect, but if there is no evidence to prove that it was coerced and fraudulent, it will be rejected.
1. The contents of the divorce agreement include:
1. Clearly state the true intention of the man and woman to divorce voluntarily;
2. Indicate the name and detailed address of the existing real estate and other immovable properties of both parties, who owns the property after the divorce, how to divide the movable property, creditor's rights and debts, etc.;
3. If there are children, the names and ages of the children, as well as the ownership of child custody, should be indicated.
2. The procedures for divorce by mutual agreement are:
1. Application. Where the husband and wife divorce voluntarily, they shall sign a written divorce agreement, jointly submit an application to the marriage registration authority with jurisdiction, and provide relevant documents and supporting materials;
2. Acceptance. The marriage registrar shall conduct a preliminary examination of the materials submitted by the parties in accordance with the relevant provisions of the Marriage Registration Work Specifications, and issue a receipt of acceptance of the divorce registration application after the preliminary examination of the documents and supporting materials submitted by the parties. Where the requirements for applying for divorce registration are not met, it will not be accepted.
Where a party requests the issuance of a written notice of inadmissibility of an application for divorce registration, it shall be issued;
3. Cooling-off period. Within 30 days from the date on which the marriage registration authority receives the application for divorce registration and issues the receipt of acceptance of the application for divorce registration to the parties, if either party is unwilling to divorce, he or she may withdraw the application for divorce registration from the marriage registration authority that accepted the application for divorce registration with his or her valid identity document and the receipt of acceptance of the application for divorce registration, and fill in the application for withdrawal of divorce registration in person. If both parties fail to jointly apply for a divorce certificate to the marriage registration authority within 30 days after the expiration of the divorce cooling-off period, the application for divorce registration shall be deemed to have been withdrawn;
4. Review. Within 30 days after the expiration of the cooling-off period for divorce, both parties shall jointly apply to the marriage registration authority for the issuance of a divorce certificate with the documents and materials specified in the relevant provisions of the Marriage Registration Work Regulations. The marriage registration authorities shall carry out and review in accordance with the procedures and conditions stipulated in the marriage registration work specifications.
Marriage registration authorities will not handle divorce registration if they do not meet the requirements for divorce registration. Where a party requests the issuance of a notice of refusal to handle divorce registration, it shall be issued;
5. Registration. The marriage registration authority shall register and issue a divorce certificate in accordance with the provisions of the marriage registration work regulations.
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.
What if the man gets married again? You can set up your own portal through negotiation, which must be in line with the household registration management policy.
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If the real estate certificate of the house has been transferred, there is basically no way to get it back, but if the agreement is made at the beginning and the other party is needed to provide for the elderly, this is a paid gift, and if the donee does not perform the agreement, the gift can be withdrawn.