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How to divide domestic violence property

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How to divide domestic violence property


        

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  • 2024-06-22 02:00:49

    [Legal Opinion]
    If domestic violence is the reason for divorce, you can distribute more property as appropriate on the following basis.
    1、 The new marriage law, property appreciation, how to divide divorce property
    Interpretation III of the New Marriage Law
    Article 5 stipulates that the value-added part of the house purchased by one spouse before or after marriage is determined to belong to one spouse's personal property. The value-added part of the house shall not be divided at the time of divorce.
    2、 New Marriage Law, House Donation in Marriage, How to Divide Divorced Property
    Article 6 of the Third Judicial Interpretation of the New Marriage Law stipulates that one party may revoke the donation of property to the other party before marriage or during the duration of marriage. That is to say, the gift that has not been transferred belongs to the gift that has no effect. It is said that the house will be given to you to marry you. There is no transfer of ownership. You can go back whenever you want. Therefore, if someone wants to donate the property, transfer the ownership first.
    3、 In the new marriage law, how to divide the divorce property when one parent buys a house
    Judicial Interpretation III of the New Marriage Law
    Article 7 stipulates that the real estate purchased by one parent for their children after marriage, if the property right is registered in the name of the child of the contributor, shall be regarded as a gift only to the child, and the real estate shall be recognized as the personal property of the husband and wife.
    At this time, even if the house is purchased by parents after marriage, if the property right is registered in the name of the parents and children of the investor, it belongs to one party's personal property at the time of divorce, and will not be divided at the time of divorce.
    4、 In the new marriage law, both parents contribute to buy a house, and how to divide the divorce property
    Article 7 of the Third Judicial Interpretation of the New Marriage Law stipulates that if the property right of a real estate purchased by the parents of both parties is registered in the name of a child of one party, the real estate can be recognized as shared by both parties according to their parents' share of capital contribution, unless otherwise agreed by the parties. That is to say, what parents buy is a gift from parents to their children, and the other party has no right to split.
    5、 In the new marriage law, one party buys a house before marriage and pays off the loan together after marriage. How to divide the divorce property
    Article 10 of the Third Judicial Interpretation of the New Marriage Law stipulates that if one of the husband and wife signs a real estate sales contract before marriage, pays the down payment with personal property and loans from the bank, and repays the loan with the joint property of the husband and wife after marriage, if the real estate is registered in the name of the down payment payer, the real estate shall be handled by both parties through agreement at the time of divorce. If no agreement can be reached in accordance with the provisions of the preceding paragraph, the people's court may decide that the real estate belongs to the property right registration party, and the outstanding loans are personal debts of the property right registration party. The amount paid by both parties after marriage and the corresponding property appreciation shall be compensated by one party of property right registration to the other party according to the principle specified in the first paragraph of Article 39 of the Marriage Law at the time of divorce. At this time, for the house purchased by one of the couples before marriage, even if the couple repay the loan together after marriage, the house belongs to the party who purchased the house when divorce, and the other party can only get some compensation.

    A***

    2024-06-22 02:00:49

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