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Many couples will leave good things to their children when they divorce as compensation for their children. I made it clear in the marriage agreement that the property was given to the children, so the man could not sell the house, let alone have the right to sell the house, which was illegal.
1. The child's private property.
Since the divorce agreement clearly stipulates that the property belongs to the child, then this is the private property of the child, and no one can have any idea about this property, not even the man.
2. Parents can't help make decisions.
No matter how old the child is, parents cannot help their children make decisions, and the property that belongs to the child is the child's principle that cannot go against his own. If the property is clearly stated to be a child, then the parents are not allowed to touch the property, no matter what the reason, they must not have any ideas. Until the child reaches adulthood, he can have the right to dispose of the property, and at that time the child can decide on the detention of the property, but as a parent, he has no right to dispose of it.
3. Assume responsibility for children.
When a husband and wife divorce, no matter who the child is awarded to, they should be responsible for the child, and they cannot be irresponsible for the child because of the divorce. The arrival of the child brought joy to the family, but the divorce cannot affect the parents' love for the child, but because the divorce must love their children more, so that they are responsible for themselves.
I believe that no matter what extent, the property of parents and children should be clearly divided to avoid unnecessary fights. As a conscientious parent, you must not take possession of your child's property, so that you are a responsible parent. Children's growth is inextricably linked to their parents' behavior, and if parents guide them well, children's growth will be very successful.
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Of course, there are no rights. You'd better transfer the house directly to the child's name, the child is underage and it doesn't matter, as long as the guardian accompanies you, the transfer can still be handled, so that no one can sell the house before the child is an adult, and he will deal with it himself when the child is an adult.
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The man has no right to sell the house, and the divorce agreement states that the property belongs to the child, so the right to dispose of the house belongs to the child, and the father may break the law by selling the house.
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The man has no right to sell the house, and you have already transferred the house to the children when you divorce, and the property right is no longer in your home, you only have the right to live and use.
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You can sell the house, but you must find another party to negotiate and agree before you can trade, if the other party does not agree, you can't trade.
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There is no right, if the man sells the house, the man can appeal, and the man will be punished accordingly.
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There is no right, because the house is for the child, and the man cannot sell it.
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The divorce agreement stipulates that the house belongs to the man + the child, and the house will be inherited by the child in the future. The divorce agreement stipulates that the joint property belongs to the man + the child, and after the registration of the change of the property, the man and the child are the owners of the house, and the joint relationship is not divided into shares, and the man cannot ** the house alone.
Some people say that the child's guardian is the man, and the man represents the child to ** the house. China's Civil Code stipulates that parents are the guardians of their children, and they may not dispose of their children's property unless it is to protect the interests of their children. That is to say, for the children, to ** house, it needs the consent of the father + mother, and the ** house is indeed considered for the interests of the child.
Civil Code of the People's Republic of China
Article 27: The father and mother are the guardians of the minor sons.
Article 35: Guardians shall perform guardianship duties in accordance with the principle of the best interests of the ward. Guardians must not dispose of the ward's property except for the purpose of protecting the interests of the ward's in the Yu Chun Bureau.
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Hello, it is possible. If the child is still a minor, the man can generally sign a contract with a third party to buy and sell the house as the legal ** person of the child.
It is also important to understand that it is generally not advisable to agree on the distribution of the estate in a divorce agreement, as divorce agreements usually do not have the effect of a will. There are statutory form requirements for a will, such as a self-written will, which needs to be written and signed by the testator, indicating the year, month and day; A will shall be witnessed by two or more witnesses, one of whom shall write on behalf of the testator, the scrivener and other witnesses shall sign it, indicating the year, month, day, etc. However, a divorce agreement usually fails to meet the above formal requirements, so it cannot be recognized as a valid will.
Therefore, it is recommended that you consult a professional lawyer to make a Will to ensure the accuracy and validity of the Will.
I hope my answer is helpful to you.
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If the property has been transferred to the name of the husband and the children in accordance with the divorce agreement, the opening of the house belongs to the husband and the children in common. The man is not allowed to sell the house alone, and the children must agree to sell the house together, and the children are minors, and the guardians of the children, that is, the parents of the children, need to agree to the consent of the children's parents.
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If the property has been transferred to the name of the man's child, the man cannot sell the house. If the property is only in the man's name, the man cannot stop him from selling the house.
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The divorce agreement property belongs to the man and the children, and all the children inherit the man's house and cannot sell the house.
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Legal Analysis: Divorced property can be given to children. The registration of the jointly owned property by the parents to the children is a gift from the parents to the children, and if the children are adults, they can go to the housing registration department to register the transfer.
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 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 fails, 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.
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As the owners of the joint property, the husband and wife are free to dispose of the property in accordance with the law. If both parties agree by agreement, the property can be donated to the minor children free of charge. Gift is a unilateral contract, and the donee generally does not need to pay consideration, and it is a contract for pure benefits.
In other words, when a husband and wife divorce, as long as both parties reach an agreement, they can apply to the real estate registration agency for transfer registration and transfer the real estate to their minor children, which is not prohibited by law.
Article 1087 of the Civil Code stipulates that 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 party who is not at fault. The rights and interests enjoyed by the husband or wife in the family land contract management shall be protected in accordance with law. Sorry no.
You can report to the police and file a lawsuit with the court, and it is okay to apply for enforcement of child custody after divorce, and you can apply to the court for enforcement. Because the judgment, ruling and mediation agreement of the court will have legal effect once they take effect, and they will be mandatory for the parties, and all parties shall perform their respective obligations in accordance with the content of the legal documents. If the parties do not automatically perform the effective judgment documents, the right holder has the right to apply for compulsory enforcement. >>>More
That's your dad's, isn't it?
Of course, if you sell it yourself, you will still find the owner of the real estate certificate in the end, and in the end it will be your father, in a word. >>>More
1. Before marriage, the time of the marriage certificate shall prevail. Divorce is subject to the date of the divorce certificate or the date of the effective divorce decree. >>>More
I suggest you find a lawyer and consult carefully, this is already in the category of legal protection, don't hesitate, I hope you can deal with the problem properly in the end.
Before marriage, one party purchases real estate with personal property and pays the full price of the house, and the original registration in the name of one party is changed to the name of both parties (additional name), it shall be recognized as the joint property of the husband and wife; If both parties jointly contribute to the purchase of the house in full, but the property is only registered in the name of one party, the two parties jointly share the property; Both parties jointly contribute to the purchase of the house in full, and the real estate is registered in the names of both parties, and it is determined that it is co-owned or co-owned according to the registration situation; In this case, according to the proportion of capital contribution, the two parties may agree to share according to the shares, and if there is no agreement and there is no evidence of the proportion of their respective capital contributions, it shall be deemed to be jointly shared; If both parties jointly contribute to the purchase of a mortgage and repay the loan jointly after marriage, and the property is registered in the names of both parties, it shall be recognized as the joint property of the husband and wife. Of course, in practice, the party that has made a larger contribution to the capital contribution can appropriately share more. After marriage, both husband and wife use their joint property to purchase real estate, and the real estate is registered in the name of one or both parties, which belongs to the joint property of the husband and wife; Where one of the spouses purchases a house with full payment of his or her personal premarital property and is registered in his or her own name, if it is not an investment or business act, it is one party's premarital property and shall be deemed to be one party's personal property; Where one of the husband and wife buys a house with the full amount of his or her personal pre-marital property, but it is registered in the names of both parties, it shall be recognized as the joint property of the husband and wife. >>>More