Hechi Lawyer

If an individual buys a house with full payment before marriage, the house belongs to the individual; Those who buy a house together before marriage, and those who buy a house together after marriage, regardless of whose name is written on the property certificate, are the joint property of the husband and wife; For pre marital mortgage and post marital loan, the pre marital down payment is personal property, and the post marital loan is common property; The common property is divided equally.

Article 1065 of the Civil Code

Both men and women may agree that the property acquired during the marriage relationship and the premarital property shall belong to their own ownership, joint ownership or part of their own ownership or part of their joint ownership. The agreement shall be in writing. In the absence of an agreement or unclear agreement, the provisions of Articles 1062 and 1063 of this Law shall apply.

The agreement made by the husband and wife on the property acquired during the marriage relationship and the pre marital property shall be legally binding on both parties.

The husband and wife agree that the property acquired during the marriage relationship shall belong to each other. If the other party is aware of the agreement, the personal property of the husband or wife shall be used to pay off the debts.

Houses that have not obtained full ownership at the time of divorce can be divided into two situations:

1. If one party pays the down payment with his personal property before marriage and makes a loan in the bank, and after marriage, he or she uses the joint property of the husband and wife to repay the loan. If the real estate is registered in the name of the party paying the down payment, it shall be handled by both parties through agreement at the time of divorce. If the agreement fails, the people's court may decide that the real estate belongs to the party registering the property right, and the outstanding loan is the personal debt of the party registering the property right. 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 at the time of divorce.

2. The house property purchased by the two parties with joint loans after marriage belongs to the joint property of the husband and wife, which shall be handled by both parties through agreement at the time of divorce. If the agreement fails, the people's court should not judge the ownership of the house, but should make a judgment according to the actual situation that the house should be used by the parties.

Article 1087 of the Civil Code

At the time of divorce, the joint property of the husband and wife shall be disposed of by both parties through agreement; If the agreement fails, the people's court shall make a judgment according to the specific circumstances of the property and the principle of taking care of the rights and interests of children, women and the innocent party.

The rights and interests enjoyed by the husband or wife in the household land contractual management shall be protected according to law.

The model of individual debit note from the company is basically the same as the general model of debit note.

Debit note

The principal and interest of RMB __ borrowed from company __ today, in words (annual interest __%), shall be paid off before MM/DD/YY, totaling RMB __.

This is hereby to certify.

Borrower: (signature)

ID card No.

specific date

Article 118 of the Civil Code, a civil subject shall enjoy creditor's rights according to law.

Creditor's right refers to the right of obligee to request a specific obligor for or not for a certain act due to contract, tort, management without cause, unjust enrichment and other provisions of the law.

Domestic violence refers to acts that occur between family members and harm or destroy family members physically, mentally and sexually by beating, binding, confinement, maiming or other means. Domestic violence directly affects the body of the victim, making the victim feel pain physically or mentally, and damaging their physical health and human dignity.

Domestic violence occurs among family members who live together by blood, marriage, and adoption, such as husband to wife, parents to children, and adult children to parents. However, women are most commonly victims of husband's violence, and they also suffer the most physical and mental damage. Domestic violence especially refers to husband to wife violence. Domestic violence can cause death, serious injury, minor injury, physical pain or mental pain.

Article 1042 of the Civil Code

Arranging marriages, buying and selling marriages and other acts that interfere with the freedom of marriage are prohibited. It is forbidden to ask for property through marriage.

Bigamy is prohibited. Persons with spouses are prohibited from cohabiting with others.

Domestic violence is prohibited. Abuse and abandonment among family members are prohibited.