Insights

Whether the tort debt of Ningbo spouse belongs to the joint debt of husband and wife.

Mr. Wang was ordered by the court to compensate the victim for the damage caused by a traffic accident during his marriage. After the judgment came into effect, the victim sued Mr. Wang's wife together, demanding that she bear the responsibility for joint settlement of the compensation. Similar questions arise repeatedly in the context of divorce and debt intersection: the debt owed by one spouse's infringement, the other spouse should pay it back together? Conclusion First, the debt incurred by one spouse as a result of the infringement is, in principle, a personal debt, and the spouses are not jointly liable for liquidation; but if the infringement...

Do you have to bear the debts of your spouse's company when you divorce in Ningbo?

When Ms. Zhao divorced, she found that the company run by her husband owed a large amount of debt, and the creditors claimed that these debts were joint debts of husband and wife and asked Ms. Zhao to repay them together. This is the most worrying question for almost every "business owner's spouse" when divorcing: will the debt owed by the company become my debt? Conclusion First of all: whether the spouse's corporate debt is borne by the other spouse depends on whether the debt is used for the husband and wife to live together, to produce and operate together, or to express their mutual will; if the spouse is not involved in the business, not in the loan...

Can Ningbo request another debt division after divorce?

When Mr. Zhang and Ms. Li divorced, they did not deal with the debts during the marriage. After the divorce, the creditors sued to repay the loan together. Mr. Zhang wants to know: the marriage is divorced, but also can not this debt "re-accounting"? The conclusion is: divorce does not eliminate the joint debt of the husband and wife-divorce is not processed at the time of the joint debt of the husband and wife, after the divorce creditors still have the right to demand mutual repayment; one party to pay more than their share of the external payment, can recover from the other party; divorce...

Is it a joint debt of husband and wife if one party in Ningbo borrows money to repay the loan for his spouse?

Ms. Li's husband bought a house with a pre-marital loan. After marriage, Ms. Li borrowed 300000 yuan from a friend to repay the loan for the house. After the two divorced, the friend asked Ms. Li and his wife to repay the loan together. Directly to the conclusion: if one party borrows to repay the spouse's premarital personal real estate loan, whether the loan is a joint debt of the husband and wife depends on two points-whether the loan is used for the "daily needs of the family", and whether the property is shared by the husband and wife after marriage, jointly repays the loan and received from it...

Is it effective for Ningbo to dodge debt through fake divorce?

In order to avoid debts, a man agreed to divorce with his wife, "divided" all his property to his wife and left all his debts to himself. He turned around and found that the creditors were still chasing for money, and even sued to cancel the property division clause in the divorce agreement. Direct to the conclusion: in order to evade debt and "false divorce" and the transfer of property to the spouse free of charge, the creditor may request the court to revoke the property disposition or confirm its invalidity, "false divorce" is not false in law, but the purpose of debt evasion is bound to fail in law-divorce registration...

Whether the debit note signed by only one party in Ningbo is a joint debt of husband and wife.

During the marriage, Mr. Zhang borrowed 500000 yuan from a friend and issued an iou, but his wife did not sign it. After the loan expired, the friend sued Mr. and Mrs. Zhang together and demanded joint repayment. The wife was aggrieved: she didn't sign it and didn't know it, so why should she pay it back? The answer to this question depends on the actual use of the loan, rather than "whether there is a signature or not". The conclusion is that whether a debit note signed by only one party is a joint debt of the husband and wife depends on whether the loan is used for the husband and wife to live together, to produce and operate together, or...

Ningbo spouse loan for the company's operation which circumstances belong to the common debt.

The operation of a company needs capital turnover. The husband borrows 1 million yuan from others in his own name for the operation of the company. The wife is a shareholder of the company but is not involved in the operation. The creditor sued for joint repayment by both husband and wife, while the wife defended that "the loan was borrowed by the husband personally and did not know about it. This kind of "spouse borrowing into the company's operation" debt, whether the husband and wife joint debt, is Ningbo small and medium-sized private enterprises high controversy scene. The conclusion is given first: one of the spouses borrows money for the operation of the company, if...

Is it necessary to make a prenuptial property agreement in Ningbo?

Xiao Chen is going to get married. He has a house property and a deposit under his name. He is worried that his property will not be clear after marriage, and he is afraid that the prenuptial agreement will hurt his feelings. This is the common concern of many prospective newcomers. Direct conclusion: the prenuptial property agreement (legally called the marital property agreement) is not a statement of distrust to "prevent the other party", but a financial document that clearly states the property rules; Article 1065 of the Civil Code clarifies that both men and women can agree in writing on the ownership of pre-marital property and post-marital income, and the agreement has laws for both parties...

What can be agreed upon in Ningbo marital property agreement

After marriage, Xiao Wang and his wife want to sign a property agreement to clarify the ownership and management of the property of both parties, but it is not clear what can be agreed and what cannot be agreed. Direct conclusion: the marital property agreement between husband and wife can stipulate the ownership of pre-marital property and post-marital property (owned by each, jointly owned or partially owned by each), the management, use and disposal rules of property, debt commitment, housework compensation and economic assistance, etc. However, it cannot be agreed to restrict personal rights (freedom of divorce, personal...

Points for Attention in Drafting Marital Property Agreement in Ningbo

How to write the marital property agreement to be valid? Conclusion First of all, the Civil Code allows the husband and wife to agree that the marital and pre-marital property shall be owned by each, jointly or partially owned by each and partially jointly owned, and the agreement is legally binding on both parties (Article 1065). However, the agreement has six "red lines" that cannot be touched: no restrictions on the freedom of divorce, no "clean-out" loyalty clause, notarization or transfer of property gifts, debt agreements that cannot be opposed to bona fide creditors, no disposition of other people's property, no...

How to agree on the ownership of the house in Ningbo marital property agreement.

Xiao Wang and his wife bought a house together after marriage. Both parties want to sign a marital property agreement and agree that the house will be owned by one party. How to write the marital property agreement to be effective? Is the house automatically returned to one party after signing? Conclusion First, the marital property agreement stipulates the ownership of the house, which should be in written form, including the house information, property ownership, loan commitment, compensation method and transfer arrangement. The agreement is legally binding between husband and wife when signed by both parties, but it should be effective and effective against bona fide third parties...

How to Prevent Marital Property Agreement from Revocation in Ningbo

Mr. Li and his wife signed a marital property agreement, agreeing that a property purchased after marriage will be owned by Mr. Li personally. A few years later, the wife reneged, claiming that the agreement was unfair and demanding that it be revoked. Mr. Li wants to know: has signed the agreement, but also can not keep? The conclusion is: marital property agreement as long as the content is legal, the meaning is true, the two sides voluntarily, it is protected by law; but to prevent the revocation, must be "fair and reasonable content, voluntary and flawless, procedural norms", and try to handle the change of property rights...

What are the precautions for Ningbo to sign a prenuptial property agreement?

Xiao Zhang and his fiancee are going to sign a prenuptial property agreement, but they don't know what issues should be paid attention to to ensure that the agreement is legal and effective. Prenuptial property agreements are becoming more and more common among young families in Ningbo-if they have their own houses, mortgages and company shares before marriage, signing a written agreement can clearly state the ownership of the property in the future. Conclusion First: Signing a prenuptial property agreement should grasp five things-written form, legal content, voluntary, clear scope of property, clear rights and obligations...

Ningbo divorce agreement undecided who will repay the mortgage and how to deal with it.

When Mr. Zhang and Ms. Li agreed to divorce, they agreed that the house would be owned by Mr. Zhang, but it was not clear who would repay the remaining mortgage. After the divorce, the bank still deducted money from Ms. Li's account, resulting in a dispute between the two parties-"the house belongs to him, but the deduction is deducted from me". such problems often occur in the divorce of mortgage houses. Conclusion First: If the divorce agreement does not specify the subject of mortgage repayment, it shall be determined according to the principle of housing ownership, mutual agreement and fairness...

Is the change of children's names agreed in Ningbo divorce agreement valid?

When Ms. Zhang and her husband divorced, they agreed that the child would be raised by Ms. Zhang, and the man agreed that the child would follow Ms. Zhang's surname. But once the divorce certificate was received, the man went back on his word and did not cooperate with the police station to change his name. Does the agreement on the change of surname written in black and white in the divorce agreement count? Conclusion first: the agreement on changing the name of the child in the divorce agreement is binding on both parties; however, the change of the name of the child is a household registration matter, which requires both parents to go to the public security organs together, and if one party does not cooperate, the other party cannot unilaterally...

How to agree on the issue of child support in Ningbo divorce agreement

Xiao Wang and his wife are preparing to divorce by agreement. Both parties need to make clear agreements on who will raise the child, the amount of support, and the arrangement of visitation rights to avoid future disputes. First, give a conclusion: in the divorce agreement, specific and enforceable agreements should be made around five aspects: the ownership of custody, the amount and payment method of custody, the exercise of visitation rights, the decision-making of major matters, and the adjustment mechanism of custody-only writing the thick clause of "the child belongs to me and you pay for it" is tantamount to leaving the dispute to the future. 1. Legal framework…

Can the Ningbo divorce agreement agree to transfer the property to minor children?

When Mr. Zhang and Ms. Li divorced, they agreed to transfer the shared property to the minor children, leaving a guarantee for the children's future. But when the divorce certificate was received, one party went back on its word-did not want to transfer the ownership, and even wanted to return the house and dispose of it himself. Does this agreement count or not? Conclusion First: If the divorce agreement stipulates that the joint property of the husband and wife will be donated to the minor children, the agreement is legally binding on both parties, and if one party repents and fails to perform, the other party or the children may require it to perform; unlike the general gift, the divorce agreement...

Is the divorce agreement signed before Ningbo's divorce and remarriage still valid?

Mr. Zhang and Ms. Li agreed to remarry shortly after the divorce, but after the remarriage, the two sides argued over "who the house and savings were distributed to in the divorce agreement, but it didn't count. Direct conclusion: the divorce agreement has come into effect when the divorce is registered, and the agreement on the division of property will not automatically become invalid due to remarriage. After remarriage, the property allocated to each other according to the original agreement belongs to the personal property of each other before marriage in nature, and will not be changed back to the common property of husband and wife because of re-obtaining the certificate-unless both parties remarry...

If a divorce agreement is signed in Ningbo and the property registration is amended, does that automatically make the property personal property?

Ms. Wang and her husband divorced, with their agreement stipulating that the jointly owned property would be assigned to Ms. Wang, and the transfer of ownership was duly registered. She later wondered whether the house was entirely her personal property. Direct to the conclusion: if the divorce agreement stipulates that the house is owned by one party and has been registered for the change of property rights, the house is determined to be the personal property of that party and can be used against the other party and its creditors...

Can Ningbo Agreement Divorce Regret After Receive Divorce Certificate

After Mr. Zhang and Ms. Li agreed to divorce and received a divorce certificate, Mr. Zhang repented on the content of the property division, believed that the division was unfair, and wanted to know whether the divorce agreement could be revoked. In reality, it is not uncommon to "go back on one's word after receiving the certificate", but it is necessary to distinguish the object of going back on one's word: for the divorce itself, the marriage relationship will be dissolved after receiving the divorce certificate, and one cannot go back on one's word (if one wants to remarry, one must re-register the marriage); The content of property division can be requested to be revoked or changed by the court within the legal time limit, but must be proved that the agreement...

Is there a high probability that Ningbo will sue for fraud and coercion to revoke the divorce agreement?

After agreeing to divorce, Ms. Li found that her ex-husband concealed a number of real estate and deposits. She believed that the divorce agreement was signed under fraud and wanted to sue for cancellation of the property division agreement. In practice, there are not a few such lawsuits of "divorcing and turning over old debts", but the results vary greatly: some are successfully revoked and re-divided, and more are rejected due to insufficient evidence. First to the conclusion: the court will accept the cancellation of the divorce property division agreement on the grounds of fraud and coercion, but the success of the case depends on the adequacy of the evidence-...

Ningbo agreement can re-divide property after divorce

When Mr. Zhang agreed to divorce, he agreed that the property would be owned by his ex-wife. After the divorce, he found that his ex-wife had secretly transferred a large deposit before the divorce. Mr. Zhang wants to know whether this part of the property can be re-divided. In practice, it is not uncommon to find that the other party has hidden money after divorce, and the law gives clear relief channels. Conclusion first: after the divorce by agreement, if one party is found to have hidden, transferred, sold or damaged the joint property of the husband and wife during the divorce, he may sue the people's court for another division. The statute of limitations is three years, since the discovery...

Can Ningbo divorce agreement agree that the child will live with the other party after a certain age?

When Mr. Wang and Ms. Li divorced, they agreed that the child would live with the mother until age five, and with the father thereafter. In the past few years, Ms. Li went back on her word, believing that the transition would disrupt the stable growth of her children. Directly to the conclusion: the divorce agreement can stipulate the change clause of the support arrangement such as "the child will live with the other party after a certain age", and the agreement itself is valid; However, this clause is based on the premise that it is conducive to the healthy growth of the child's body and mind. If the situation changes in actual performance, one party may request the court to do so in the best interest of the other party...

Is it still valid for Ningbo to sign a divorce agreement without registering it?

Xiao Zhang and his wife signed a divorce agreement, but for various reasons have not been to the Civil Affairs Bureau for divorce registration. Later, Xiao Zhang went back on his word and did not want to divorce. His wife believed that the divorce agreement had come into effect and must be fulfilled according to the agreement. Conclusion: The divorce agreement is based on the "divorce registration" as the effective condition of the agreement-not for divorce registration, the agreement on the dissolution of marriage and property division of the content does not take effect, the two parties are still husband and wife, either party can go back on their word; But the content of the agreement can reflect the truth of both parties...

What are some common invalid provisions in divorce agreements in Ningbo?

When many couples sign divorce agreements, they will agree on some seemingly reasonable but possibly invalid clauses in order to divorce as soon as possible-"give me the child when remarrying", "never let the other party look after the child", "the child belongs to me, and you don't have to pay any alimony". when writing, they were happy, and only after the divorce did they find that the clauses did not take effect and disputes continued. Conclusion first: the agreement in the divorce agreement to restrict personal rights, deprive visitation rights, exempt from the obligation of support, harm the interests of third parties, and violate the mandatory provisions of the law is invalid...

Ningbo divorce agreement agreed that the other party to repay the loan but did not perform how to do.

When Ms. Zhang divorced, she agreed that the house would be owned by her ex-husband and the remaining mortgage would be repaid by her ex-husband. But the ex-husband did not repay for several months, the bank began to collect from Ms. Zhang, her credit also appeared overdue records. Conclusion: The agreement of "repayment by one party" in the divorce agreement is only valid between the husband and wife, and is not binding on the bank-the bank can still claim repayment to both parties as co-borrowers according to the original loan contract, and the overdue credit is damaged by both parties...

Ningbo divorce agreement agrees that custody belongs to the other party, can it be changed later?

The fact that the divorce agreement stipulates that the children will be raised directly by the other party does not mean that the relationship of support is fixed. As long as the subsequent statutory circumstances arise, the other party may sue the court for a change in the dependency relationship. However, the starting point of the court's review is always whether it is more conducive to the growth of minor children, rather than who is more aggrieved and who wants children more. This means that just because one's conditions have improved, the other party has remarried, or the child has expressed his desire to live with him, it may not be enough to get support...

In a divorce agreement in Ningbo, the property was assigned to me. Can I acquire ownership of the property without completing the transfer of title?

A couple agreed to divorce and agreed that the property purchased after marriage should be owned by the woman, but both parties have not registered for the change of property rights. Later, the man sold the house to an unwitting third person and completed the transfer. The woman sued to confirm that she was the owner of the house, but the result was not optimistic. Disputes of this nature are not uncommon in practice. One sentence conclusion: the divorce agreement stipulates that the real estate belongs to one party, before the real estate registration, the party only enjoys the creditor's rights to request the other party to cooperate with the transfer, can not directly obtain the house...

Can Ningbo still sue for property division after divorce?

Some parties consulted: during the divorce, both parties signed a divorce agreement and registered for divorce in the Civil Affairs Bureau. Later, they found that the other party had hidden a set of real estate and a deposit. She would like to ask, now that the divorce has been agreed, can you sue the court for a new division of property? One sentence conclusion: after an agreed divorce, you can sue for the division of property before you get a divorce certificate; after you get a divorce certificate, if you find that the other party is hiding, transferring property or there is fraud or coercion in the agreement, you can still have it within the statutory time limit...

What should I pay attention to when signing a divorce agreement when my spouse is derailed in Ningbo?

A woman found out that her husband was emotional after cheating. In order to make peace, her husband offered to sign a divorce agreement and give her the house and savings. On the one hand, she wants to close the agreement as soon as possible, on the other hand, she is worried that she will suffer losses in the future if the agreement is not signed well. This situation is very typical in practice. One sentence conclusion: when a spouse is derailed, three points should be paid attention to when signing a divorce agreement-fixing the derailment compensation as a specific amount instead of vague expressions such as "clean body and out of the house...

What should be paid attention to when signing divorce agreement in Ningbo

Divorce agreement is the core document of divorce agreement. Many parties think that the Civil Affairs Bureau has a template and can fill it in casually. As a result, a large number of disputes arise after divorce due to problems such as property transfer, alimony payment and debt bearing. One sentence conclusion: the signing of a divorce agreement should clarify the three core matters of child support, property division and debt handling, and the terms should be as specific as possible (write down the time, amount, account, certificate number), avoid vague expressions and "under their respective names" type of general terms, agreement registration students...

Does Ningbo Need Compensation for Violation of Husband and Wife Loyalty Agreement

Whether one can obtain compensation for breaching a marital fidelity agreement cannot be determined across the board. In practice, there is a more consistent view that restrictions on identity relations and personal freedom, such as leaving the house clean, giving up custody of children, and not filing for divorce, are generally considered invalid. For property compensation agreements that do not violate the mandatory provisions of the law, public order and good customs and clear content, some courts will support them within a reasonable range, but the scale is not uniform, and those with abnormally high amounts will be reduced. A more prudent understanding…

How to write the loyalty agreement between Ningbo husband and wife

1. first understand what the loyalty agreement is about. The loyalty agreement between husband and wife is usually an agreement between the two parties in the marriage to remain faithful to each other. If one party breaches the contract such as derailment, it will bear the consequences of compensation, less property or return to the other party. It is essentially a private agreement between husband and wife on marriage loyalty, not a standard legal document template, there is a lot of room for autonomy in writing. Before writing, you must first think about the purpose: whether you want to add a constraint to the marriage, or leave a basis for the division of property in case of divorce. Different purposes, different writing styles…

Is the loyalty agreement signed by Ningbo husband and wife valid?

The validity of the conjugal loyalty agreement cannot be generalized. Provisions relating to the relationship between personal freedom and identity, such as restrictions on divorce, restrictions on remarriage, waiver of custody or agreement on ways of visiting, are usually invalid because they violate public order and good morals or violate legal rights. In contrast, purely on the ownership of property and reasonable compensation of the agreement, if it does not violate the mandatory provisions of the law, the amount is not too unbalanced, some courts will deal with as a property agreement. To judge whether an agreement can be used, we must first take the terms apart to see...

Does the Ningbo Husband and Wife Loyalty Agreement Have Legal Effect

"If one party derails, compensate the other party for 1 million/clean up and leave the house"-the loyalty agreement is full of feelings and calculations. However, in court, such agreements may not be "accepted as they are". First to the conclusion: the validity of the loyalty agreement depends on whether it is written "identity loyalty" or "property arrangement". Pure slogan-style identity loyalty clause belongs to moral advocacy, it is difficult to directly enforce...

Ningbo parents make a down payment before marriage and add names after marriage. How will divorce be divided?

Parents make a down payment before marriage and add a name to the real estate certificate after marriage. How does the house divide when divorcing? This is a high-frequency problem in Ningbo marriage family consultation. The conclusion first says: after the registration of the additional name is completed, the house has usually been converted into the joint property of the husband and wife. when the division is carried out, the pre-marital capital contribution and corresponding value-added shall be stripped off first, and then the share shall be determined in combination with the joint repayment and common living conditions after marriage. If the parents' capital contribution does not indicate the intention of iou and loan, it is generally treated as a gift. If the name addition, the proportion, the most direct registration proportion...

Ningbo only registered one person to buy a house together before marriage, how to divide the divorce

During the period of love or when preparing for marriage, the two parties jointly contributed to buy a house, but only registered in the name of one party due to purchase restrictions, loan qualifications and other reasons. At the time of divorce, the other party claimed that the house was common property, but the registrar said, "This is my personal property before marriage." Such disputes are particularly common in the context of high housing prices in Ningbo. One sentence conclusion: Before marriage, the two parties jointly contributed to the purchase and registration of real estate in the name of one party for the purpose of marriage. If there is sufficient evidence to prove that the joint contribution and the joint purchase are agreed, it is generally recognized as the husband and wife jointly...

Ningbo bought a fund-raising house before marriage and got a certificate after marriage. Can divorce be divided?

The 1. conclusion first said: usually identified as pre-marital personal property before marriage, the man and the unit signed a fund-raising housing agreement and payment, after marriage to obtain the title certificate of the case, in the divorce division is usually identified as pre-marital personal property, the other party generally can not request the division. The core of the judgment is not the date on the title certificate, but whether the purchase agreement is signed and the payment occurs before or after marriage. Similar disputes are very common in housing reform, fund-raising houses and unit group buying houses. The Ningbo District Court is reviewing such cases...

Ningbo woman makes a down payment to register the man's name, how to divide the divorce

Before marriage, the man's house purchase funds are insufficient, the woman's parents in the form of cash to subsidize part of the down payment, the property is registered in the man's name, after marriage, both parties jointly repay the loan. Now that the relationship is broken and ready for divorce, the woman is worried that there is no written evidence for the down payment and the property division will suffer. This type of pre-marital joint contribution, registered in the name of one party, is very common in practice. First to the conclusion: the registration in whose name does not of course decide the ownership-after marriage joint repayment of the loan and the corresponding value-added part belongs to the joint property of the husband and wife, the woman has the right to share...

Ningbo before marriage to buy a house in the name of the woman, divorce how to divide

Before marriage, the man's contribution and the house registration are under the woman's name. The core of this kind of dispute is not who is the registered nominee, but what is the true meaning of both parties at the time of purchase. Is it joint home purchase, a loan, a gift, or nominal ownership? These four classifications correspond to four entirely different outcomes. The name under which something is registered is merely a legal presumption and can be rebutted by contrary evidence. Therefore, the first step in dealing with such cases is not to argue about the legal provisions, but to return to the evidence itself: from whom...

Ningbo gives spouse's parents real estate before marriage, can divorce be returned?

1. conclusion first: after the registration is completed, it is generally not possible to go back to love or before the marriage is established. one party contributes to purchase real estate for the spouse's parents and registers it in the name of the spouse's parents. when divorcing, the investor hopes to recover it, which is usually difficult to support. The real estate gift is marked by registration. After the real estate is registered in the name of the spouse's parents, the gift has been performed and is irrevocable in principle. This type of divorce dispute involving third-party property is more complicated than the division between husband and wife, because the real owner of the property is...

Ningbo prenuptial agreement gift room has not been transferred, can it be revoked?

Before marriage, an agreement was signed, agreeing that one party would give the house under his name to the other party, but the transfer registration had not been handled. Later, the relationship changed and the donor wanted to go back on his word. The basic conclusion in this case is that the donor can, in principle, revoke the gift until the property is registered, and the other party's request for continued performance and transfer of ownership is usually difficult to obtain support, which is contrary to the intuition of many people. The reason for this conclusion is that the transfer of real estate rights is subject to registration...

Ningbo before marriage to buy a house together to invest more, how to protect rights and interests

The 1. conclusion first said: a large contribution does not necessarily mean that both parties will jointly contribute to the purchase of a house when preparing for marriage. However, due to purchase restrictions, loan qualifications and other reasons, it is only registered in the name of one party. The party who contributes a large amount during divorce often finds that although the court determines that the real estate is common property, the principle of taking care of children and the woman should be considered during division, and the actual share may be lower than the contribution. A large contribution does not automatically equal a proportional increase. From the general practice reflected in Ningbo area, for pre-marital joint contribution, registered in the name of a party...

Ningbo pre-marital rental public housing purchase after marriage, how to divide

The public house rented by one party before marriage is purchased with the joint property of the husband and wife and registered in the name of one party after marriage. How to divide the house in the event of divorce? This is a typical problem with the historical color of housing reform. The conclusion first said: this kind of house generally applies to Article 27 of the Interpretation (I) of the Supreme People's Court on the Application of the Marriage and Family Code of the the People's Republic of China Civil Code as the joint property of husband and wife, the name of registration does not constitute an obstacle, the dispute mainly focuses on the share rather than the nature...

Is the rental income from a premarital property in Ningbo considered joint marital property after marriage?

The house bought by one party in full before marriage has been rented out after marriage, with a monthly rent of several thousand yuan. At the time of divorce, the other party argued that the rent was the income during the marriage and belonged to the joint property of the husband and wife and should be divided, while the owner of the house believed that the house was his premarital property and that "the rent was of course mine". This dispute is not uncommon in Ningbo. Judicial practice has diverged on the ownership of pre-marital real estate rent after marriage, and now the caliber has become clear. The conclusion starts with: the rent generated by the rental of personal property before marriage...

Ningbo pre-marital stock value-added after marriage, divorce to be divided?

There is no dispute that the principal and share of shares in the stock account opened with your savings before marriage are personal property before marriage. What will really disagree is whether the portion of the stock that rose during the period after marriage, as well as the difference in the price earned from buying and selling, should be taken out as a common property division. First of all, the conclusion is clear: to discuss the stock divorce division, the essence is to discuss the "post-marriage value-added and income" division-the stock principal is always the personal property of the shareholders...

After marriage in Ningbo, parents buy a house in full, is it personal property?

After marriage, one parent buys a house for his or her child with the full amount of money, and the property right is registered in the name of his or her child. At the time of divorce, the other party claimed that it was acquired after marriage and should be divided as the joint property of the husband and wife, while the children of the investor believed that the house was a personal gift from their parents and should be owned by the individual. The conclusion is first said (according to the latest standard of the interpretation (II) of marriage and family, which came into effect on February 1, 2025): if parents have a clear agreement on donation when making capital contribution, they shall be handled according to the agreement-if the agreement is only given to one side of their children, it belongs...

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How to guarantee personal property for buying a house with pre-marital loan in Ningbo

One party took out a premarital loan to buy a house and registered it in his own name, and after marriage, he used the joint income of the husband and wife to repay the loan, how to identify the house in the event of divorce? The conclusion starts with: the house itself is generally awarded to the registrant, and the loan that has not yet been returned is its personal debt, but the amount paid for the joint repayment of the loan after marriage and the corresponding value-added portion of the property belongs to the property is the joint property of the property, and the property, and the registrant should be compensated. Therefore, if you want the whole suite, including loan repayment and value-added, to belong to the individual, it is not enough to rely on the name of registration. You need to take the initiative to arrange: use the pre-marital one...

292024-02