What should I do if I mediate the disposal of the property of an outsider in a divorce proceeding?

When suing for divorce, the division of property can be handled in a separate case, but it is generally not necessary to handle it in a separate case. When the court decides a divorce, it will ask the parties whether they need to divide the property, and if the parties want to negotiate first, they can refuse to divide the property by the court, and then the parties will negotiate. If the parties cannot reach an agreement, then the court can be asked to divide the joint property directly.

1. Can I ask if the property is not divided?

If the property is not divided, but as long as it can be proved that the relationship between the husband and wife has broken down and the mediation is ineffective, the court can grant divorce. In the event of divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties, and the husband and wife shall have equal rights to dispose of the joint property. Therefore, the parties can also negotiate whether to divide the property, as long as the parties reach an agreement and there is no objection, the husband and wife can also divorce without dividing the property.

2. How to divide the mortgage for a house with a mortgage.

If the house is the joint property of the spouses, then the loan on the house is also a joint debt of the spouses. In the event of a divorce, joint debts need to be repaid jointly. If the joint property is sufficient to pay off the mortgage, the property is paid off first and then divided.

If the joint property is not sufficient, the husband and wife will negotiate to settle the repayment of the house loan. It can be agreed that the house is owned by one person, and that person will continue to repay the mortgage, or the joint property of the husband and wife can be used to pay off the mortgage. If a negotiated solution cannot be reached, the court is asked to make a decision.

3. How to distribute the property for a divorce with a premarital loan?

If the house registration is hidden in the names of both parties, it is the joint property of the husband and wife. If it is only registered in the name of one party, it is the personal property of the registered party, and the house does not need to be divided when the house is divorced, but the part of the joint repayment of the loan after marriage and the appreciation part can be divided by the other party.

Article 1076 of the Civil Code.

Where 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' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

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 party who is not at fault.

The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

1. According to Article 1062 of the Civil Code and Article 1087 of the Civil Code, divorce cases can deal with property division in a separate case, but the court will generally deal with the division of property or child support issues at the same time as deciding on divorce, because divorce cases are very special cases, which are compound lawsuits, that is, one case deals with three issues: divorce, child support and property division. 2. Unless the plaintiff's claim is only for the dissolution of the marriage, after the dissolution of the marriage, a lawsuit for the division of property shall be filed.

Legal basis. Articles 1062 and 1087 of the Civil Code.

Legal Analysis: Property division disputes after divorce can be sued for handling. In general, the parties shall file a civil lawsuit within two years after the divorce by mutual agreement and the fact of the omission of the property is discovered.

If the court handles the matrimonial property system in accordance with the Civil Code, the parties can get a more just and desirable result.

Legal basis: Article 1087 of the 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 the agreement fails, the People's Law Department and the Youth League 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 and wives in the contracting and management of family land shall be protected in accordance with law.