The name of the man's father written on the house should be returned together with the loan. Will the property be divided after divorce?
Legal problem: the name of the man's father is written in the house, and the name of the husband is written in the car. After marriage, the house loan has always been paid back by us and his parents, and we have a child under one year old. Excuse me, in this case, can divorce get real estate? (Lawyer Call Center invites Lawyer Dehong to answer this question for you. Lawyer Qin: You must have your share of the real estate and vehicle for marriage. If you live with your husband's parents after marriage, and there is no separation, income and expenditure are confused, and the house and vehicle belong to the same property of the family. When divorcing, divide the property of husband and wife first, and then divide the same property of husband and wife, so that you can divide a quarter of the total value. If you get married, the car belongs to your husband and wife, so you should share it equally and get half of the property. The house is the property of others. If you invest in a house, you can deal with it according to the creditor's rights and get half of the creditor's rights. Related knowledge-Who should get the bride price for divorce? Some places also use bride price, such as bride price and lottery, which has been a marriage custom in China for thousands of years. Generally speaking, it is a certain amount of money or kind that the man and his family pay to the woman for the purpose of marriage according to local customs. Article 10 of China's Judicial Interpretation of Marriage Law (II) stipulates that if a party requests to return the financial resources paid according to custom, the people's court shall support it if it is found that it belongs to the following circumstances: 1. Neither party has gone through the marriage registration formalities; Two, the two sides have registered for marriage, but not living together; Three, premarital payment and lead to the payer's life difficulties. The provisions in the second and third paragraphs of the preceding paragraph are conditional on the divorce of both parties, that is, if the two parties have entered into a marriage relationship but have not lived together after going through the marriage registration formalities, or if the bride price paid before marriage causes the payer's life to be difficult, if the court decides that the two parties are divorced, the party receiving the bride price will be returned. Of course, when dealing with cases involving the return of bride price, we should comprehensively grasp the specific facts such as the purpose of the paid bride price, whether the necessary consumption has occurred in the lives of both men and women, the length of marriage or cohabitation, etc. In practice, the giver and receiver of the bride price are not limited to both men and women, but may also include parents and relatives of both men and women, so these people can become the parties to the lawsuit of returning the bride price. When both men and women are the original and the defendant's bride price return lawsuit or divorce lawsuit involving bride price return, the defendant puts forward the defense that the plaintiff is not the actual payer or the actual recipient. Because the bride price payment is actually for the benefit of both men and women, the people's court can not accept this defense.