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This score is whether you are divorced by agreement or sued for divorce.
If it is a divorce by agreement, then you will each discuss it, and it will be fine.
If you sue for divorce...
House: Is there a woman's name on the title deed? If you don't have it, it's yours.
Deposit: It belongs to the joint property, half of one person. The wedding expenses will be divided into your joint property after you get married, unless you can prove that these expenses are the money that the woman owes you before the marriage, then you can recover it!
In addition, if the woman is out of labour, the man is also required to support the woman. (This is generally the case when the man mentions the divorce first).
Editor's note: I hope to find a professional lawyer in the local area to analyze your situation in order to get the best protection of interests!
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1. The division of divorced property will not make any difference depending on who files for divorce.
2. The woman has no right to claim the division of the house jointly owned by the husband and his parents, but if the money repaid by the husband is joint property, the woman shall be properly compensated.
3. Wedding expenses cannot be recovered, and the existing deposits (even in the woman's name), jewelry, etc., unless otherwise agreed, are joint property and are divided equally in principle.
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Either party files for divorce, and if there are no other special circumstances, then the difference will not be too big.
In terms of property division, the house is owned by the husband, the husband continues to repay the loan, and the deposit shall be divided in half according to the joint property.
The bride price shall be refunded.
If the child is younger, if the award is given to the woman, the man should bear part of the maintenance.
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Legal analysis: When dividing property in divorce, it is necessary to distinguish whether it is personal property or joint property of the husband and wife. Personal property includes personal property before marriage and property agreed to belong to the individual after marriage, and the other party has no right to claim division unless otherwise agreed upon at the time of divorce.
For the division of the joint property of the husband and wife, the principle of equal division is to be adopted, and the specific method of division may be determined by the parties through consultation. If no consensus is reached, the people's court may, on the basis of the actual situation, adopt methods such as division in kind, division by valuation, and compensation for valuation, so as to achieve the purpose of dividing the property of the divorce.
Legal basis: The 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' expression of intent 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 is ineffective, 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 bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;
4) 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.
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.
Article 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.
The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.
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 shall 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.
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It is not legal, but you can file a lawsuit with the court, and then apply to the court to enforce it after obtaining a judgment in favor.
The court will auction and sell these properties.
Of course, you can also apply for property preservation before and during the litigation to seize the property and prevent it from being transferred.
Going by yourself may constitute theft or robbery, but the general public security does not care.
After the shareholder contributes capital, he loses ownership of the company's property and you are not allowed to dispose of it.
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Illegal.
First, the so-called property of her company, the owner is the company, not herself, and the arbitrary disposal of the company's property is obviously illegal, and may even constitute a crime, and the risk is relatively large.
The second is that even if it is her property, since you have divorced and reached an agreement on the division of property, she has already issued an IOU from you, and her property is hers, and you have no right to dispose of it at will.
In fact, in this state, you are in a creditor-debtor relationship, if he does not give you money when due, you can sue and apply for property preservation, so that the court can seize her property, which is a legal means.
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It is an agreed divorce, that is, your ex-wife gives you an IOU with your consent, the company belongs to her is also your own volition, your marriage agreement is valid, and it is also the true intention of both parties, which is protected by law, and you now want to sell your ex-wife's property and get the part of the property that belongs to you, if your ex-wife does not agree with you to do this, it is illegal for you to do this, she can call the police or sue you in court.
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Hello! Such a practice is not legal. The correct thing to do is if the deadline for the IOU you gave you in the early stage has expired, and she has not paid you the amount you owe!
You should go to court and ask the court to compel you to pay off the debt. If you go and sell your ex-wife's company's belongings without permission, you are breaking the law. You should take legal steps to protect your rights and interests!
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Illegal. The divorce agreement has come into effect, and the company is already your previous one, but you can go to court to sue on the grounds of obvious unfairness.
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Illegal. If you owe money, you can entrust a lawyer to sue in time, welcome to consult in person!
Lawyer Huang Mouqing.
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If you are divorced, it means that you have agreed to the content of the divorce agreement, that is, your contract has come into effect.
Now that the company is owned by her, things naturally belong to her.
It's definitely not legal for you to pull it and sell it.
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When the husband and wife divorce, under normal circumstances, the personal property before the marriage shall be owned by each other, and the joint property shall be divided according to law after the marriage.
Article 46 of the Marriage Law stipulates that if a divorce is caused by any of the following circumstances, the innocent party has the right to claim damages:
1) bigamy;
2) A person who has a spouse cohabits with another person;
3) Committing domestic violence;
4) Abuse or abandonment of family members.
According to the provisions of the law, the court may only support the claim for compensation filed by the non-at-fault party if the party at fault has the above-mentioned statutory circumstances.
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If it is not lawful, you should file a lawsuit and ask the court to enforce it.
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Whether you have shares or not is not legal. If he pursues you, it's a criminal case.
According to your statement, as well as the title deed and the relevant contract for the sale and purchase of the house, it can be proved that the house is indeed your personal pre-marital property. In the event of a divorce, you should not divide your personal property before the marriage, but you will own it personally. The new Marriage Law provides: >>>More
In principle, after divorce, the joint property of the husband and wife shall be divided equally between the two parties, and the property of the husband and wife before marriage shall be owned by each other. If there is an agreement between the two parties on the division of property, the property shall be divided in accordance with the agreement between the two parties. Article 19 of the Marriage Law provides: >>>More
You are in a cohabitation relationship, and if you have children, you can sue to dissolve the cohabitation relationship and deal with the ownership of child custody, and if the property is not in the name of the two of you, then it cannot be divided. If you do not have a place to live after the union is dissolved, you can ask the husband to pay a lump sum financial help.
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
Although they have not remarried, your sister and your "brother-in-law" have indeed constituted a de facto marriage, so the income from their labor during this period should also be regarded as joint property. So, even if you don't reissue the marriage certificate, the house is half of your sister's. >>>More