My wife filed for divorce, my children and me, what should I do with the property? Ask the prawns fo

Tianjin Lawyer Li (Professional Divorce Lawyer):

It is possible to sue for an equal division of the property and joint debt. 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.

In this kind of lawsuit, it is best to ask a well-known lawyer for consultation, after all, when it comes to the division of your joint property, others are only giving you personal advice. If you want to win a lawsuit, you will definitely have to pay for a lawyer. Only in this way will things not be mistaken.

It's better to find a lawyer and ask about the profession.

Parents contribute to the purchase of a house for their children, and when the children divorce, the property should be treated differently according to different circumstances.

1. Where before a child gets married, if the parents purchase a house for the child or partially contribute to the purchase of a house for the child, the house or capital contribution shall be recognized as a gift from the parents for one of their children, and has nothing to do with the spouse of the child after marriage. In this case, the house or contribution belongs to the pre-marital property of one of the children and is not involved in the division of joint property in the event of divorce. If, however, before the marriage of the child, the parents have made it clear that the house or contribution is for both the child and his or her spouse when the parents purchase or contribute part of the capital to the child, it shall be deemed to be a gift from the parents to the child and his or her spouse, and the house or contribution shall be the joint property of the husband and wife and shall be divided as joint property in the event of divorce.

2. After a child is married, if the parents purchase a house for the child or partially contribute to the purchase of a house for the child, the house or capital contribution shall be deemed to be a gift from the parents to the child and his or her spouse, and shall be divided as the joint property of the husband and wife when the child divorces. However, if after the marriage of the child, the parents clearly indicate that the house or capital contribution is donated to one party when purchasing a house for the child or partially contributing to the purchase of the house for the child, then the house or capital contribution shall be recognized as the property of the donated party and shall not be the joint property of the husband and wife, and shall not be divided as the joint property of the husband and wife in the event of divorce. It should be emphasized that in judicial practice, there is a difficult point that needs to be focused on in the above two types of situations, that is, the issue of the time when the parents "expressly express".

This "clear statement" should preferably be made at the time of purchase or capital contribution, or before the application for the title of the house, and should be supported by appropriate evidence. The most effective form of evidence is to sign a gift contract and notarize it. If the parents do not make a "clear statement" after the house ownership certificate has been processed, or when the children's divorce dispute has already occurred and the divorce is ready to be divorced, this practice actually infringes on the legitimate rights and interests of one of the children's spouses.

Such "express representations" made after the fact or gift contracts concluded after the fact are also likely to be excluded from the courts.

3. Before and after the marriage of the children, the parents shall make a down payment or contribute a part of the capital for the purchase of the house for the children, and the rest shall be paid by themselves or through bank loans after the marriage of the children. In this case, the portion of the parental contribution shall be as described above.

Clause. The first and second cases are handled separately. The portion paid by the children after marriage or through bank loans after marriage shall be handled as agreed upon by both parties, and if there is no agreement, it shall be divided equally according to the joint property of the husband and wife.

The unpaid portion of the bank loan shall be shared jointly according to the joint debts of the husband and wife. The provisions of the Supreme People's Court on how to deal with the divorce of children when parents contribute to the purchase of houses for their children emphasize the wishes of parents, embody the principle of "autonomy of will" of parents, and fully protect the legitimate rights and interests of children's spouses. Therefore, parents must fully understand the relevant laws and regulations when they contribute to the purchase of a house for their children, clearly express their true wishes, and go through the relevant legal procedures in a timely manner.

Only in this way can we take precautions in the event of a divorce dispute between the children and resolve the conflict smoothly.

The name registered on the title deed is that of the child, so in the absence of other evidence to prove the discrepancy between the real ownership and registration status of the house, the owner registered on the title deed is deemed to be the owner of the property and the property should not be the joint property of the husband and wife.

On the one hand, according to the regulations on the management of property rights, only the person who registers with the real estate management department and obtains the certificate of ownership of the house is the owner of the house. For example, Article 59 of the Law on the Administration of Urban Real Estate stipulates that "the State shall implement a system of registration and issuance of certificates for land use rights and house ownership.

Article 5 of the Administrative Measures for the Registration of Urban Housing Ownership stipulates that "the housing ownership certificate is the only legal certificate for the right holder to have the ownership of the house in accordance with the law and to exercise the right to occupy, use, benefit and dispose of the house." Housing rights registered in accordance with the law are protected by national law.

It can be seen from this that if the house is purchased in the name of a minor and the name on the real estate certificate is a minor, the property owner can only be the minor.

On the other hand, if the parents register the purchased house to their minor children free of charge, it is actually a gift of property from the parents to the children, and the property is actually delivered and performed after the registration is completed, and the gift relationship is established.

The establishment of a gift relationship between citizens shall be subject to the delivery of the gift. If the transfer of ownership of the donated house has been completed in accordance with the written gift contract, the gift relationship shall be deemed to be established; Where the transfer formalities have not been completed, but the donor has returned to the donee in accordance with the written gift contract, and the donee has already taken possession of and used the house in accordance with the gift contract, the gift may be deemed valid, but the donor shall be ordered to complete the transfer formalities", "Where the donor clearly indicates that he will donate the gift to the minor, the gift shall be deemed to be the minor's personal property."

Article 357 of the Civil Code? Where buildings, structures and their ancillary facilities are transferred, exchanged, contributed or donated, the right to use the land for construction within the scope occupied by the buildings, structures and their ancillary facilities shall be disposed of together.

Therefore, if the name of the child is written on the title deed of the purchase of a house in the name of the child, the child is the owner of the house, and neither the husband and wife, as parents, have the right to dispose of it.

Generally speaking, in principle, the owner of the property in the name of the child is the child, and neither husband and wife have the right to dispose of it, so they cannot request division. The parent who obtains custody of the child is entitled to live in the house with the child, but the other party cannot ask for partition, let alone refuse to pay child support on the grounds of giving up the title to the house, otherwise he or she can go directly to the court to sue. Therefore, the property in the name of the child is not divided by the husband and wife after the divorce.

If the property is recorded in the name of the child, it belongs to the child's property, and the husband and wife will not divide it after divorce. Because the owner of the property is the children of the parties, not the husband and wife. The husband and wife registered the real estate to the minor children free of charge, and the actual round touched Li Jishang as a gift from the parents to the children, and the real estate was actually delivered after registration, and the gift relationship was established.

Then the property does not belong to either of the couple. If the child is not a minor, his or her property is managed by the guardian on his behalf, so the husband and wife have no right to divide it in divorce.

According to Article 208 of the Civil Code, the establishment, alteration, transfer and extinction of immovable property shall be registered in accordance with the provisions of the law. The creation and transfer of movable property rights shall be paid by law.

When a husband and wife divorce, they can only distribute the joint property of two people, and the property of others cannot be distributed.

If the property is in the name of one child, such property is not joint property and cannot be divided.

Legal analysis: whether the real estate certificate registrant has the name of the child, such as the house is the name of the husband and wife, if there is a name of the child, the house is obtained after marriage, one and a half, the house belongs to the child, the husband and wife are divorced, can not be divided, if it is a child and a husband and wife name in the real estate to collect evidence, the child has half of the property rights.

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

Article 1076:Where both husband and wife divorce voluntarily, the governor 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.

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.

If there is one of the following forms of affection, and 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.

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.