Will the property owned by one party be enforced by the court because of the debt of the other party after divorce? If it belongs to both husband and wife, the debt should be borne by both husband and wife and will not change because of the divorce of both parties. According to the Supreme People's Court's "About Application"
Can one party's fund-raising house be owned by the other party after divorce? A fund-raising house with full property rights refers to a fund-raising house with real estate license. When such houses are divided in divorce, they need to be divided according to the name on the real estate license. Here are some examples of how to divide the divorce fund-raising house:
1. If one party buys a house in full before marriage and obtains the real estate license, how can the divorced fund-raising house be divided?
According to the provisions of the Marriage Law and the Property Law, if one party fully invests in buying a house before marriage and obtains a real estate license, the property before marriage undoubtedly belongs to one party, and it is not included in the joint property of the husband and wife when divorcing, and the other party has no right to request the division of property;
2. If one party fully invests in buying a house before marriage and obtains a real estate license after marriage, how can the divorce fund-raising house be divided?
If one party buys a house in full before marriage and obtains a real estate license after marriage, it cannot be simply considered that the property belongs to the husband and wife. In fact, one party has already fulfilled the contractual obligation of buying and selling houses by investment before marriage, and the property right certificate only confirms the property right of the buyer. Therefore, when the divorce property is divided, the property belongs to the premarital party and does not participate in the division of the same property between husband and wife;
3. After marriage, one party contributes personal property, and the property is registered in the name of one party. How to divide the divorce fund-raising house?
After marriage, if one party purchases a house with personal property and obtains a real estate license, it shall belong to the property of the purchaser. When divorcing and dividing property, the other party has no right to request division; What needs to be reminded here is that how to determine that buying a house with personal property requires the support of evidence. If you buy a house with one party's personal property, you need to prove that the purchase price belongs to the husband and wife's personal property. Therefore, it is especially necessary to keep the evidence that the property belongs to personal property in case of emergency;
4. After marriage, one or both parties purchase the house jointly owned by husband and wife and obtain the real estate license. How to divide the divorce fund?
After marriage, one party buys a house with the joint property of husband and wife. No matter which name the real estate license is registered in, the real estate should belong to the joint property of husband and wife. In the division of divorced real estate, the judge will decide which party owns the house according to the actual situation, and the party who obtains the real estate will compensate the other party according to the actual situation.
The above four situations are simple answers to how to divide the fund-raising houses that have obtained full property rights through divorce. For fund-raising houses that have not obtained full property rights, it is more troublesome to divide them through divorce.
Buying a house after marriage, but one party contributes, can the other party get half after divorce? If the property is jointly purchased by both parties after marriage, and there is no written agreement on the ownership of the property, it should be recognized as the same property, and both parties can divide it when they divorce. According to the provisions of Article 17 of the Marriage Law, the following property acquired by husband and wife during the marriage relationship shall be jointly owned by husband and wife: (1) wages and bonuses; (2) Income from production and operation; (3) Income from intellectual property rights; (4) Inherited or donated property, except as provided for in Item 3 of Article 18 of this Law; (five) other property that should be owned by * * *. Husband and wife have equal rights to dispose of all property.
Article 19 stipulates that husband and wife may agree that the property acquired during the marriage relationship and the property before marriage belong to themselves, all or part of them, and part of them. The agreement shall be in writing. Where there is no agreement or the agreement is unclear, the provisions of Articles 17 and 18 of this Law shall apply. The agreement between husband and wife on the property acquired during the marriage relationship and the property before marriage is binding on both parties.
At the same time, according to the provisions of Article 39 of the Marriage Law, at the time of divorce, the joint property of husband and wife shall be handled by mutual agreement; If the agreement fails, 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.
After half a year of marriage, can one party get sick and the other party ask for a divorce? If one party is sick, the other party can ask for a divorce. In the following cases, the court will generally decide on divorce:
If one party suffers from diseases that prohibit marriage, it generally refers to serious infectious diseases and mental diseases such as leprosy, AIDS, syphilis, gonorrhea, leprosy, hepatitis A, open tuberculosis, schizophrenia and manic depression.
Incompetent and incurable. Such diseases include congenital impotence and acquired impotence. No matter what the reason, as long as it is incurable, unable to complete sexual behavior, and the other party asks for a divorce, it should be considered that the relationship between husband and wife has indeed broken down, which is the basis for the court to decide the divorce.
One party conceals the history of mental illness and cannot be cured after treatment. This situation does not need to be difficult to cure, but it can be cured after treatment, and it can also be used as the basis for the court to decide divorce.
(The above opinions are for reference only. Please consult your local lawyer for details. )
After divorce, if one party dies, can the other party inherit the other party's inheritance? No, divorce means that marriage does not exist, so it cannot be inherited.
Article 10 of the Inheritance Law shall be inherited in the following order:
First order: spouse, children, parents.
The second order: brothers and sisters, grandparents, grandparents.
After the inheritance begins, the successor in the first order inherits, and the successor in the second order does not inherit. If there is no successor in the first order, it is inherited by the successor in the second order.
The term "spouse" as mentioned in this Law refers to the duration of the relationship between husband and wife.
After mediation by the court, both parties may apply to the court for compulsory execution with legally effective documents, and the expenses shall be borne by the person subjected to execution.
Chapter 19 General Provisions of the Civil Procedure Law of People's Republic of China (PRC) (revised 20 12)
Article 224 The property part of a legally effective civil judgment or ruling and a criminal judgment or ruling shall be executed by the people's court of first instance or the people's court of the place where the property is executed at the same level as the people's court of first instance.
Other legal documents stipulated by law to be executed by the people's court shall be executed by the people's court in the place where the person subjected to execution has his domicile or where the property subjected to execution is located.
Article 226 If the people's court fails to execute the application for execution for more than six months from the date of receiving the application for execution, the executor of the application may apply to the people's court at the next higher level for execution. After examination, the people's court at a higher level may order the original people's court to execute it within a certain period of time, or decide to execute it by itself or instruct other people's courts to execute it.
Article 229 Where the person subjected to execution or the property subjected to execution is abroad, it may entrust the local people's court to execute it on its behalf. After receiving the power of attorney, the entrusted people's court must start execution within 15 days and may not refuse. After the execution is completed, the people's court shall be informed of the execution results in writing in a timely manner; If the execution is not completed within 30 days, the entrusted people's court shall also be informed of the execution.
If the entrusted people's court fails to execute it within 15 days from the date of receiving the power of attorney, the entrusted people's court may request the people's court at a higher level of the entrusted people's court to instruct the entrusted people's court to execute it.
What does the court need to do to mediate that the divorce property is awarded to one party and the other party pays? 1) About whether you can get a divorce:
Divorce is a personal right and freedom. If both parties agree to divorce, they can agree to divorce. Both parties can sign a divorce agreement and go through the divorce registration at the civil affairs organ. If one party does not agree to divorce, then the other party can also file a divorce lawsuit. In the case of divorce by litigation, as long as the judge determines that the relationship between husband and wife has indeed broken down and it is not suitable for continuing to live together, it will decide to divorce.
There are many factors that determine the true breakup of a couple's relationship, such as separation for two years, domestic violence, bigamy or repeated bad habits. The relevant legal basis is as follows:
Article 32 of the Marriage Law stipulates that "if a man or a woman requests a divorce, the relevant department may mediate or directly file a divorce lawsuit with the people's court.
When trying divorce cases, the people's court shall conduct mediation; If the relationship has really broken down and mediation fails, divorce shall be granted.
In any of the following circumstances, if mediation fails, divorce shall be granted:
(a) bigamy or a spouse living with others;
(2) committing domestic violence or abusing or abandoning family members;
(three) gambling, drug abuse and other bad habits;
(four) separated for two years due to emotional discord;
(5) Other circumstances that lead to the breakdown of the marriage relationship.
(2) About the division of property:
The property obtained before marriage belongs to the individual, and the property obtained after marriage, if there are no special circumstances, should be regarded as the joint property of husband and wife, and in principle, both parties will share it equally when divorced. If the other party is at fault, the property can be properly divided for compensation. However, there is generally no question of compensation, and the court will not support the compensation for mental damage or youth damage in divorce.
The relevant legal basis is as follows: Article 17 of the Marriage Law The following property acquired by husband and wife during the marriage relationship shall be owned by both husband and wife:
(1) Wages and bonuses;
(2) Income from production and operation;
(3) Income from intellectual property rights;
(4) Inherited or donated property, except as provided for in Item 3 of Article 18 of this Law;
(five) other property that should be owned by * * *.
Husband and wife have equal rights to dispose of all property.
Eighteenth in any of the following circumstances, it is the property of one of the spouses:
(1) one party's premarital property;
(2) Medical expenses, living allowance for the disabled, etc. Obtained by one party due to physical injury;
(3) Property determined to belong only to the husband or wife in the will or gift contract;
(4) Daily necessities used exclusively by one party;
(five) other property that should be owned by one party.
Article 19 A husband and wife may agree that the property acquired during the marriage relationship and the pre-marital property shall be owned by themselves, in whole or in part or in part. The agreement shall be in writing. Where there is no agreement or the agreement is unclear, the provisions of Articles 17 and 18 of this Law shall apply.
The agreement between husband and wife on the property acquired during the marriage relationship and the property before marriage is binding on both parties.
The husband and wife agreed that the property acquired during the existence of the marriage relationship should be owned by each other. If the third party knows the agreement, it should pay off all the property owned by the husband and wife.
(3) About the debt commitment:
During the marriage relationship, if the debts incurred are used for family life, they are * * * same debts, which shall be borne by both parties * * *; Otherwise, the personal debt belonging to one party shall be borne by the individual.
Relevant laws and regulations are as follows:
Article 32 of the Marriage Law: At the time of divorce, the debts incurred by the husband and wife living together were originally paid off with the same property. If the property is insufficient to pay off, it shall be paid off by both parties through agreement; If the agreement fails, the people's court shall make a judgment. Debts borne by a man or a woman alone shall be repaid by her.
(4) About the custody of children:
The custody of children should be negotiated by both parties, generally in favor of children's growth. If children are younger, they are more likely to follow their mothers. If there are two children, parents usually raise one each. The parent who does not raise the child has the right to visit and needs to pay alimony, which is generally limited to 20%-30% of the actual income. You can ask for a one-time payment. If two children are paid alimony, the proportion may be appropriately increased, but generally it shall not exceed 50% of the monthly income. If there is no fixed income, the amount of maintenance can be determined according to the total income of the year or the average income of the same industry with reference to the above ratio.
The alimony can be changed according to the actual needs of children's life or the actual economic situation of paying alimony, and can be increased or decreased.
You can't deprive the other party of the right to visit on the grounds that you don't want maintenance. This is illegal.
The relevant legal basis is as follows:
"Several Specific Opinions of the People's Court on Handling Child Support in the Trial of Divorce Cases"
Article 1 Children under the age of two generally live with their parents. A mother may also live with her father in any of the following circumstances:
(a) suffering from infectious diseases or other serious diseases that have not been cured for a long time and are not suitable for children to live with;
(b) If the conditions for raising children are not met, parents require their children to live with them;
(c) For other reasons, children really cannot live with their parents.
In addition, if both parents agree that children under two years old will live with their parents, which will have no adverse effects on their healthy growth, it can also be allowed.
(5) Regarding the competent court and required materials:
To sue for divorce, you need to go to the court where the defendant is located, and the court where the defendant has his domicile or habitual residence can do it.
To sue for divorce, you need to prepare a complaint, identity documents of both parties, marriage certificate and proof of property division.
Does it matter if the other party buys a house after divorce? When the other party buys a house after divorce, it depends on whether there is a housing registration of the housing management department under the name of the buyer. Or whether there is any outstanding loan in the name of buying a house.
If there are none, the buyer will buy a house in his own name after the divorce. If there are other houses registered in the housing management department, or if there are loans to buy a house that have not been paid off, and then buy a house as a divorced person, it is recognized as two sets of houses.
After the original divorce agreement between the two parties comes into effect through court mediation, can the other party get a divorce certificate separately? After the divorce is tried by the court, if both parties agree to mediation, a mediation book or judgment shall be issued.
There is no need to apply for a divorce certificate repeatedly if there is a divorce mediation document from the court.