Eight-month-old baby girls are generally awarded to women; You can negotiate with each other in exchange for the custody of your daughter; If the other party does not cooperate, you should provide evidence to prove that you are superior to the other party in terms of raising, education and life, which is more conducive to the growth of children and can win your judgment;
If the house is bought before marriage, it belongs to your personal property; If it is bought after marriage, the key is to find out the nature of the family's 6.5438+10,000 yuan. If you lend it to you, you must pay it back; If it is a gift, it will be shared equally by both of you; The debt will be deducted from the divisible property;
The lawyer's fee is charged at 5%, which is about 6.5438+0.2 million yuan.
Attached:
The Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (II)
(Adopted by the Judicial Committee of the Supreme People's Court at its1299th meeting on 4 February 2003)
Fa Shi [2003] 19
In order to correctly hear cases of marriage and family disputes, according to the Marriage Law of the People's Republic of China (hereinafter referred to as the Marriage Law), the Civil Procedure Law of People's Republic of China (PRC) and other relevant laws, the relevant issues concerning the application of the Marriage Law by the people's courts are explained as follows:
Article 1 The people's court shall not accept the request of a party to dissolve the cohabitation relationship and bring a lawsuit. However, if the cohabitation relationship requested by the parties belongs to the "cohabitation of a spouse with others" as stipulated in Articles 3, 32 and 46 of the Marriage Law, the people's court shall accept it and dissolve it according to law.
The people's court shall accept a lawsuit brought by a party over a dispute over property division or child support during cohabitation.
Article 2 The people's court shall, after accepting the application for annulment of marriage, make a judgment on annulment of marriage after examination. If the plaintiff applies to withdraw the lawsuit, it shall not be allowed.
Article 3 After accepting a divorce case, the people's court shall, after examination, inform the parties that the marriage is invalid and make a judgment declaring the marriage invalid according to law.
Article 4 When trying invalid marriage cases involving property division and child support, the people's court shall make judgment documents on the determination of the validity of marriage and the handling of other disputes.
Article 5 Within one year after the death of one or both spouses, the people's court shall accept the application of the surviving spouse or interested party to declare the marriage null and void in accordance with the provisions of Article 10 of the Marriage Law.
Article 6 Where a party applies to a people's court for the cancellation of a marriage in accordance with Article 10 of the Marriage Law, the party concerned is the applicant and both parties to the marriage relationship are the respondents.
If one of the spouses dies, the surviving spouse shall be the respondent.
If both husband and wife die, the respondent shall not be listed.
Article 7 If the people's court accepts divorce cases and revokes marriage applications respectively for the same marriage relationship, the trial of divorce cases shall be conducted after the judgment of revoking marriage applications is made.
After the marriage relationship mentioned in the preceding paragraph is declared invalid, if it involves the division of property and the upbringing of children, the trial shall continue.
Article 8 The agreement on the division of property in the divorce agreement or the agreement reached by the parties on the division of property due to divorce is legally binding on both men and women.
The people's court shall accept the lawsuit brought by the parties for disputes arising from the performance of the above-mentioned property division agreement.
Article 9 If both men and women renege on the issue of property division within one year after the divorce by agreement, the people's court shall accept it.
After trial, the people's court found that there was no fraud or coercion in concluding the property division agreement, and rejected the litigant's claim according to law.
Article 10 The people's court shall support the request of a party to return the bride price paid according to the custom if it is found that it belongs to the following circumstances:
(1) Both parties have not gone through the marriage registration formalities;
(2) Both parties have gone through the marriage registration formalities, but they have not lived together;
(3) premarital payment, causing difficulties to the payer.
The application of items (2) and (3) of the preceding paragraph is conditional on the divorce of both parties.
Article 11 During the marriage relationship, the following property belongs to "other property that should be owned by * * * *" as stipulated in Article 17 of the Marriage Law:
(1) Income obtained by one party through personal property investment;
(2) Housing subsidies and housing accumulation funds actually obtained or should be obtained by both men and women;
(three) the old-age insurance and bankruptcy resettlement compensation actually obtained or should be obtained by both men and women.
Article 12 The term "intellectual property income" as stipulated in Item 3 of Article 17 of the Marriage Law refers to the property income actually obtained or clearly obtained during the marriage relationship.
Thirteenth military casualty insurance, disability allowance and medical living allowance belong to personal property.
Article 14 When a people's court tries a divorce case involving one-time expenses such as demobilization fees and self-employment fees paid to soldiers, the duration of the marital relationship between husband and wife shall be multiplied by the annual average, and the amount obtained shall be the joint property of husband and wife.
The annual average mentioned in the preceding paragraph refers to the amount obtained by dividing the above-mentioned total expenses paid to military personnel by the specific number of years. Its specific life span is the difference between the average life span of 70 years and the actual age of soldiers when they join the army.
Article 15 When a husband and wife divide securities such as stocks, bonds, investment fund shares and shares of unlisted joint stock limited companies in the same property, if negotiation fails or it is difficult to distribute them according to the market price, the people's court may distribute them in proportion to the quantity.
Article 16 When a people's court tries a divorce case, it involves dividing the amount of contribution made by one spouse to the same property in a limited liability company in the name of one spouse. If the other spouse is not a shareholder of the company, it shall be handled separately according to the following circumstances:
(1) Both husband and wife agree to transfer part or all of their capital contribution to the shareholder's spouse. If more than half of the shareholders agree and other shareholders explicitly give up the preemptive right, the shareholder's spouse can become a shareholder of the company;
(2) After the husband and wife reach an agreement on the transfer share and transfer price of the capital contribution, if more than half of the shareholders do not agree to the transfer, but are willing to buy the capital contribution at the same price, the people's court may divide the property obtained from the transfer of the capital contribution. If more than half of the shareholders do not agree to the transfer and are unwilling to purchase the capital contribution at the same price, it is deemed that they agree to the transfer, and the spouse of the shareholder can become a shareholder of the company.
The evidence mentioned in the preceding paragraph to prove the consent of more than half of the shareholders may be a resolution of the shareholders' meeting or a written statement of the shareholders obtained by the parties through other legal channels.
Article 17 When a people's court tries a divorce case, which involves dividing the same property contribution of a husband and wife in a partnership in the name of one party, and the other party is not a partner of the partnership, if the husband and wife agree to transfer all or part of their property share in the partnership to the other party, it shall be handled according to the following circumstances:
(1) If the other partners agree unanimously, the spouse shall obtain the status of partner according to law;
(2) If the other partners do not agree to the transfer and exercise the priority right of transfer under the same conditions, they may divide the property obtained from the transfer;
(3) If other partners do not agree to transfer or exercise the preemptive right, but agree that the partner withdraws from the partnership or returns part of the property share, they may divide the returned property;
(4) If the other partners neither agree to the transfer, nor exercise the preemptive right, nor agree that the partner withdraws from the partnership or returns part of the property share, it shall be deemed that all partners agree to the transfer, and the spouse has obtained the status of partner according to law.
Article 18 Where a husband and wife invest in the establishment of a sole proprietorship enterprise in the name of one party, the people's court shall deal with the joint property of the husband and wife in the sole proprietorship enterprise according to the following circumstances:
(1) If one party advocates operating an enterprise, the party that has acquired the enterprise shall give the other party corresponding compensation after the assets of the enterprise are appraised;
(2) If both parties advocate operating an enterprise, on the basis of bidding by both parties, the party that obtained the enterprise shall give the other party corresponding compensation;
(3) If both parties are unwilling to operate the enterprise, it shall be handled in accordance with the Law of People's Republic of China (PRC) Municipality on Sole proprietorship enterprises and other relevant regulations.
Nineteenth houses rented by one party before marriage and purchased with the same property after marriage, if the house ownership certificate is registered in the name of one party, it shall be recognized as the joint property of husband and wife.
Twentieth the two sides can not reach an agreement on the value and ownership of the house in the joint property of husband and wife, the people's court shall handle it according to the following circumstances:
(a) the two sides claim the ownership of the house and agree to bid, which should be allowed;
(two) if one party claims the ownership of the house, the evaluation institution shall evaluate the house according to the market price, and the party that obtains the ownership of the house shall give the other party corresponding compensation;
(three) if neither party claims the ownership of the house, the house shall be auctioned according to the application of the parties and the proceeds shall be divided.
Article 21 In case of a dispute between the two parties over a house that has not yet obtained ownership or full ownership at the time of divorce, if negotiation fails, the people's court shall not judge the ownership of the house, but shall judge that it should be used by both parties according to the actual situation.
After the parties have obtained the full ownership of the house specified in the preceding paragraph, if there is any dispute, they may bring a lawsuit to the people's court separately.
Twenty-second before the parties get married, if the parents contribute to the purchase of houses for both parties, the contribution shall be regarded as a personal gift to their children, unless the parents explicitly indicate that it is a gift to both parties.
After the parties get married, if the parents contribute to the purchase of houses for both parties, the contribution shall be considered as a gift to both husband and wife, unless the parents explicitly express that it is a gift to one party.
Article 23 The people's court shall not support the creditor's claim against the debtor's spouse for the personal debt incurred by one party before marriage. But the creditor can prove that the debt is used for married families to live together.
Article 24 Where a creditor claims for the debts incurred by one of the spouses in his own name during the marriage relationship, it shall be regarded as the debts of the spouses. However, unless one of the spouses can prove that the creditor and the debtor clearly agreed to be personal debts, or can prove that it belongs to the circumstances stipulated in the third paragraph of Article 19 of the Marriage Law.
Article 25 If the divorce agreement of the parties or the judgment, ruling or conciliation statement of the people's court has dealt with the division of husband and wife's property, the creditor still has the right to claim rights from both men and women for the same debt of husband and wife.
If one party claims compensation from the other party based on the divorce agreement or legal documents of the people's court after assuming joint and several liabilities for debt repayment, the people's court shall support it.
Article 26 If one of the spouses dies, the surviving spouse shall be jointly and severally liable for the debts incurred during the marriage relationship.
Article 27 If a party requests damages from the people's court on the grounds specified in Article 46 of the Marriage Law after the divorce registration in the marriage registration office, the people's court shall accept it. However, if the parties have explicitly given up the request when they agreed to divorce, or put it forward one year after the divorce registration, it will not be supported.
Article 28 If one of the spouses applies for taking preservation measures for the personal property of the spouse or the joint property of the husband and wife, the people's court may determine a reasonable amount of property security according to the actual situation within the scope of possible losses caused by taking preservation measures.
Twenty-ninth this interpretation shall come into force as of April 6, 2004.
After the implementation of this interpretation, this interpretation shall apply to the newly accepted cases of marriage and family disputes of first instance by the people's courts.
After the implementation of this interpretation, if the relevant judicial interpretations previously made by the Supreme People's Court conflict with this interpretation, this interpretation shall prevail.