Insights
Insights
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...
If one spouse is in debt, should the spouses jointly repay it?
Author | Wang Hongting Lawyer After dealing with many creditor's rights and debt disputes, the author found that for the debtor's non-repayment behavior, the creditor believes that the debtor's spouse should be added to bear the joint repayment responsibility. That is, the debt is one of the husband and wife, but the repayment has to be repaid by the husband and wife together. How does the law stipulate? Whether one of the husband and wife has external debts, the spouse should bear the joint repayment responsibility? The spouse does not need to bear the responsibility. Case introduction: Hong's father and Guo are classmates, and Guo and Chen are husband and wife. Guo borrowed money from Hong on the grounds that his son needed cash turnover for his business. Hong transferred 500,000 yuan to Guo on November 2, 2016. Guo issued an "IOU" to Hong on the same day, stating: "I have borrowed cash from Hong today. RMB capitalization: Wu Shiwan Yuanzheng" 500000 yuan ", this is the evidence". Guo signed at the borrower's office. Guo signed in November 2018
The senior partners of Zhiheng Dongguan Equity visited Zhiheng headquarters for a visit and exchange
On the afternoon of February 29, 2024, Zhao Dan, Director of the Management Committee of Zhiheng (Dongguan) Law Firm (hereinafter referred to as "Zhiheng Dongguan"), Zeng Yuru, Executive Director of Zhiheng Dongguan, Mai Zhuolin, Secretary of the Party Branch of Guangdong Zhiheng (Dongguan) Law Firm, Chen Li Kang, Senior Partner of Zhiheng Dongguan Equity, and his party visited the headquarters of Zhiheng Law Firm for exchange and study. Liu Hong, Deputy Director of Zhiheng Management Committee, Chai Yongxia, Executive Director of Zhiheng Headquarters and Deputy Director of Management Committee, Gu Xiaoqing, Executive Deputy Director of Zhiheng Headquarters and Executive Director of Hong Kong and Qianhai, received them warmly Lan Caiming, senior partner of Hengqianhai Equity, participated in the discussion and exchange meeting. At the beginning of the meeting, Chai Yongxia, executive director of Zhiheng headquarters and deputy director of the management committee, first welcomed Zhiheng's colleagues in Dongguan and said that Zhiheng branch and Zhiheng headquarters are one family. In the future, Zhiheng will gradually build a world-leading country
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...
Ningbo divorce property division party does not appear in court can be sentenced?
After the divorce, one party found that there was still no division of the joint property of the husband and wife, so he sued the court for division. The other party believed that as long as he did not attend the hearing, the court would not decide to divide the property, so he refused to show up and did not submit a reply. This situation is not uncommon in practice, so can the court divide the property in the absence of one party? First give the conclusion: yes. In a divorce property division case, if the defendant refuses to appear in court without justifiable reasons after being legally summoned, the court may hear the case in absentia and make a judgment in accordance with the law...
How to divide the housing accumulation fund in Ningbo divorce
As a kind of long-term housing savings, housing provident fund is often ignored in divorce cases-it is not as conspicuous as real estate and deposits, but it is really lying in the account. First to the conclusion: housing provident fund has the attribute of salary, the part actually obtained or should be obtained during the marriage relationship belongs to the joint property of husband and wife, divorce should be divided according to law, the way is mainly to discount compensation rather than direct transfer. Ignoring this...
Can the property missed by Ningbo divorce be divided again?
The common property of the husband and wife that is omitted at the time of divorce, which is discovered and claimed by one party after the divorce, is legally allowed. According to Article 83 of the (I) on the Interpretation of Marriage and Family, after divorce, one party sued for division on the grounds that the joint property of the husband and wife had not been disposed of. After examination, the property was indeed the joint property of the husband and wife not involved in the divorce, and the people's court shall divide it according to law. The key is not whether it can be divided, but whether it can be proved that it has not been handled. With regard to the statute of limitations, request for division of unprocessed common property after divorce, nature...
When Ningbo divorces, can the other party transfer money to their parents?
1. first judge whether the money was originally common property, we have to answer whether it can be divided when it is transferred to the parents. First, we have to see whether the money itself is common property of husband and wife. If it is saved by the salary and business income after marriage, it belongs to the common property in principle, and one party cannot privately decide to give it all to his parents, even if it is said to be maintenance. If the money is the personal property of one party before marriage, or if it is clearly donated or inherited by one party, then it is not within the scope of division, and naturally it is not an infringement if it is transferred to the parents...
Can Ningbo Divorce Agreement Property Regret to Children
The divorce agreement says "the house loan will be owned by the child after it is paid off", which is a common arrangement for many couples to settle disputes over custody and property. But after the divorce, one party went back on his word-"the house has not been transferred, can't the gift be revoked?" This problem repeatedly appears in property disputes after divorce. One sentence conclusion: The clause in the divorce agreement that the husband and wife's common property is given to their children constitutes a holistic agreement with divorce, child support and property debt treatment, and one party cannot unilaterally and arbitrarily revoke it; As long...
How to divide affordable housing in Ningbo divorce
Affordable housing is different from ordinary commercial housing, it has the nature of security, the purchase qualification, property rights form, listing and trading conditions are subject to policy constraints. In the event of divorce, the division of such houses should not only look at capital contribution and registration, but also examine the factors of who is the subject of application, when to apply, when to pay the purchase price, and whether the house has obtained full property rights. The general judgment framework is: during the marriage relationship in the name of husband and wife jointly applied for and jointly funded the purchase of affordable housing, in principle, belongs to the husband and wife together...
The party branch of Guangdong Zhiheng Law Firm held the 2024 party member conference of the branch
On the afternoon of February 28, 2024, the Party Branch of Guangdong Zhiheng Law Firm held the 2024 Party Member Conference in the Zhiheng Conference Room. Liu Hong, Gong Anyi, Liu Yunfa, members of the preparatory group of Zhiheng Party General Branch, etc. attended the meeting. The meeting was chaired by Party Affairs Commissioner Huang Yanjin. The first topic of learning - learning the spirit of "*** *** important instructions for political and legal work" Liu Hong, deputy head of the preparatory group of the Zhiheng Party General Branch and deputy director of the Zhiheng Management Committee At the beginning of the meeting, Comrade Liu Hong, deputy head of the preparatory group of the Zhiheng Party General Branch and deputy director of the Zhiheng Management Committee, learned the first topic - learning the spirit of "*** *** important instructions for political and legal work" through a combination of video and explanation. *************** emphasized that this year is the 75th anniversary of the founding of New China and a key year for achieving the goals and tasks of the "14th Five-Year Plan". The political and legal front must fully implement the spirit of the 20th National Congress of the Communist Party of China and the Second Plenary Session of the 20th Central Committee, and adhere to the party's
The partner promotion ceremony of Zhiheng Law Firm was successfully held
On the afternoon of February 29, 2024, the partner promotion ceremony of Zhiheng Law Firm was successfully held in the Zhiheng Conference Room. Chai Yongxia, Executive Director of Zhiheng Headquarters and Deputy Director of the Management Committee, and newly promoted equity senior partners Zheng Zhuyu, Zheng Boen, Deng Huifen, Wang Qianqian, and partners Bao Yingqi, Liu Yu, Chen Rui, Min Na, and Xu Ming attended the ceremony. Executive Director Speech Zhiheng HeadquartersDirector Chai Yongxia, Deputy Director of the Management Committee, Director Chai Yongxia, took the stage to speak. At the beginning of the new year, Zhiheng specially planned this promotion ceremony, not only to provide you with a platform to get to know each other and have in-depth exchanges, but also to hope that all new partners can use this as a basis to open up new breakthroughs on the road of future practice. Director Chai Yongxia said that Zhiheng is in a stage of rapid development and hopes to work hand in hand with Zhiheng's family to grow together. Sign
The first director team meeting of Zhiheng Marriage, Family Affairs and Wealth Inheritance Legal Affairs Center in 2024 was successfully held
On the morning of February 29, 2024, Zhiheng Marriage Family and Wealth Inheritance Legal Affairs Center (hereinafter referred to as "Zhiheng Marriage Family and Wealth Inheritance Center") held the first management meeting in 2024 in Zhiheng Conference Room No. 3. Liu Yanhua, Director of Zhiheng Marriage Family and Wealth Inheritance Center, Zeng Suzhen, Deputy Director of the Center and Director of Marriage and Family Affairs Department, Guo Chunyan, Deputy Director of Marriage and Family Affairs Department, Chen Hong, Deputy Director of Wealth Inheritance Department, Bao Yingqi, Deputy Director of Wealth Inheritance Department, Zhuang Aimei, Secretary General of the Center, and Lu Rui, Secretary General of Wealth Inheritance Department, attended. Liu Yanhua, director of Zhiheng Marriage Family and Financial Transmission Center, said that at the beginning of the new year, the center held this management meeting to determine the 2024 work plan, refine the work direction, and discuss various staff distribution arrangements. I hope that all members of the center will uphold the working spirit of "not only being down-to-earth, but also looking up at the starry sky" in the new year, and work hard to set sail and work together to build
Zhiheng has been awarded "exemplary" and "excellent" ratings for multiple cases by LegalOne Merits
Recently, LegalOne, a well-known international commercial transaction and dispute resolution project rating agency, announced the annual "LegalOne Merits" award. Zhiheng Law Firm has won the "exemplary" and "excellent" ratings of LegalOne Merits for several cases. Among them, the Shenzhen Dapeng New District Kwai Chung Office hosted by Zhang Shanhua, director of the Zhiheng Management Committee, implemented rail transit 8The housing expropriation and demolition project in the Xichong depot of the third phase of the No. 3 line was awarded the "Exempical (exemplary) " rating; the contract dispute retrial case of Shandong Weihai Rushan Zhengtai Stone Co., Ltd. v. Rushan Wantong Real Estate Co., Ltd. sponsored by the lawyer team of Zhang Zhenggan, dean of Zhiheng College and deputy director of the management committee, was awarded the "Remarkable (excellent) " rating; Zhiheng Equity Senior Partner, Director of the Marriage and Family Affairs and Wealth Inheritance Legal Affairs Center
Can Ningbo Divorce Ask for Youth Loss Fee
A client in Ningbo asked for "youth loss fee" in the divorce negotiation, on the grounds that "my best years were given to him". Emotionally understandable, legally speaking, this road is not going to work. The conclusion first says: "Youth Loss Fee" is not a legal compensation item, and the court generally does not support it. However, this does not mean that the payment cannot be responded to-the parties can claim three types of legal claims according to the actual situation: divorce damages (the other party has bigamy, cohabitation, domestic violence and other faults), housework economy...
Can Ningbo will dispose of the joint property of husband and wife?
A will can only be divided into the personal property of the testator and cannot dispose of the share belonging to the spouse. The property jointly owned by the husband and wife shall, unless otherwise agreed, be divided into half of the common property for the spouse at the time of the division of the estate, and the rest shall be the estate of the decedent. Therefore, a will designating the whole couple's common house to be inherited by one of the children is invalid in excess of the individual's share, and the rest remains valid. The direct consequence of this rule in practice is that after the will takes effect, inheritance...
Should Ningbo parents pay back their money to buy a house and divorce?
When children buy a house after marriage, their parents contribute, whether the money needs to be repaid in the event of divorce, or whether the gift does not need to be returned, is one of the most common points of contention in family cases. The general principle of judgment is: there is an agreement from the agreement; if there is no agreement or the agreement is unclear, it shall be dealt with in accordance with the principles stipulated in the fourth paragraph of the first paragraph of Article 1062 of the Civil Code, that is, in principle, it shall be recognized as a gift to both husband and wife. But this presumption is not irrebuttable. If parents can provide transfer vouchers, IOUs or other indications of borrowing...
Can Ningbo's parents contribute to buying a house under a name?
Parents paid most of the house price, but the house was registered in the name of their children-can parents claim that this is "buying a house under a borrowed name" and that the house is actually their own? First of all, let's give a conclusion: the determination standard for buying a house under a name is very strict. it is far from enough to rely on "the money I give". the key depends on whether both parties agree on the name and actually control the facts. When there is no evidence of agreement on behalf of the parents, it is usually recognized as a gift to the children (or a loan under specific circumstances), instead of buying a house under a name, and the parents want to "return" return...
Ningbo unmarried woman to buy a house to repay the loan, can add value?
During the period of love or cohabitation, the man buys the property and registers it in his own name, and the woman helps repay the bank loan. The conclusion first says: there is an essential difference between helping the other party to repay the loan without registering the marriage and jointly repaying the loan after marriage-the woman generally cannot directly divide the value-added of the real estate; The repayment part is usually treated as a loan, gift or conditional gift, and whether it can be returned depends on the agreement of both parties, transfer remarks and evidence determination. Those who have a mutual agreement to purchase the property…
How to divide the divorce of Ningbo stock option income.
Whether and how stock options can be divided depends on whether the rights have been converted into realizable property benefits during the marriage. The part of the acquisition of parallel rights during the existence of the marriage relationship is usually divided as the joint property of the husband and wife, the part that has been acquired and exercised before marriage is generally vested in the individual, and the part granted within the marriage but exercised after divorce is subject to the corresponding relationship between the time interval of grant, maturity and exercise and the duration of the marriage. In particular, options are only expected when they are not exercised...
Ningbo man's parents make a down payment to register the woman's name, how to divide it
If the man's parents make a down payment before marriage and the house is registered in the woman's name, they cannot draw a conclusion only by registration or only by capital contribution. The core lies in finding out the true meaning of the house purchase. If there is evidence that the capital contribution is based on the purpose of the two parties to buy a house together and live together, the house is generally treated as the joint property of the husband and wife, and the division takes into account the contribution of the capital contribution, the length of the marriage and other factors, and is not necessarily divided equally. If the evidence shows that it is only registered in the name of the woman due to the man's credit investigation, loan qualification, etc., and both parties do not...
Ningbo parents contribute to buy a house is a loan or a gift.
Parents pay for their children to buy a house, and the young couple will get divorced in the future. Whether the money is a loan or a gift is often the most controversial part. The conclusion first says: the basic judgment order is "first look at the time of contribution, then look at whether there is a clear agreement, and finally look at the burden of proof"-parents' contribution before marriage is generally recognized as a personal gift to their children; If there is an agreement on capital contribution after marriage, if there is no agreement or the agreement is unknown, the court will fill in the (II) of interpretation of marriage and family to be implemented in 2025...
Ningbo men buy a house before marriage registration women's name how to divide
During the love period, the man paid for the purchase of the house, the house registration in the woman's name, break up or divorce when the ownership of the house disputes, is a high-frequency problem in the family trial. The first step in dealing with such cases is to distinguish whether the parties ultimately register their marriage or not. If there is no marriage in the end, the man to marry for the purpose of buying a house and registered in the woman's name, usually according to the conditional gift processing, the purpose of marriage failed to achieve, the man can claim to cancel the gift, request the return of the house or purchase money...
Ningbo pre-marriage mortgage after marriage notarization total, can be divided into half
The man's pre-marriage loan to buy a house, after marriage, the two parties agreed that the property is jointly owned and notarized. In the event of divorce, will the court support the woman's claim that she should get half of the property? Conclusion First, the notarized agreement on the property of the husband and wife is legally binding, and the property is transformed into the joint property of the husband and wife, and the woman can claim division; but "common ownership" does not mean "one person and one half"-the share is divided according to the agreement, and if there is no agreement on the share, the court will consider the contribution, the contribution, the marriage...
Ningbo premarital real estate plus the woman's name, how to divide the divorce
A man in Ningbo bought a suite before marriage and added her name at the request of the woman after marriage. A few years later, the relationship broke down. The woman claimed that the house was a common property and should be "divided in half", while the man believed that the house was all bought by him before marriage and should not be divided more. The division of real estate after adding names is one of the most frequent real estate problems in Ningbo family consultation. Conclusion first said: pre-marital personal property after marriage plus name, the property is generally from personal property into the joint property of the husband and wife, divorce should be divided...
Simply sort out the legal relationship between the parties under the letter of credit
Author | Zhiheng (Jinan) Law Firm, Jing Fengjuan Lawyer Common settlement methods in international trade include telegraphic transfer (T/T), letter of credit (L/C), D/P, D/A, etc. Among them, the letter of credit is a more complex but less risky payment method, which has no reason. As long as the information on the documents submitted by the beneficiary of the letter of credit to the issuing bank is consistent, the terms and requirements on the letter of credit are met andThe relevant applicable provisions of the Uniform Customs and Practice for Documentary Credits (UCP600), that is, if "the documents are consistent and the orders are consistent", then the issuing bank will pay the beneficiary for the goods under the letter of credit. Specifically, the issuing applicant will first apply to the issuing bank to issue a letter of credit based on information such as international trade contracts, and the value, quantity, delivery date, and marks of the goods will be used as the terms of the letter of credit. After approval by the issuing bank, the credit will be
The first director team meeting of Zhiheng Criminal Center in 2024 was successfully held
On the morning of February 28, 2024, Zhiheng Criminal Center held the first director team meeting in 2024 in Zhiheng Conference Room No. 3. The meeting was convened and chaired by Zhang Nannan, Director of the Criminal Center. Liu Yunfa, Director of the Commercial Crime Defense Department, Gan Dingzhong, Director of the Center's Financial Crime Defense Department, Zhang Xiulan, Director of the Criminal Procedure Legal Affairs Department, Guo Liang, Director of the Cyber Crime Defense Department, and Zhuang Aimei, Secretary General of the Center, attended the meeting. Zhang Nannan, director of Zhiheng Criminal Center, said that in the past 2023, the criminal center has organized and carried out more than 30 professional research, visits and exchange activities all over the country, and the center branding and professional improvement work has been carried out in an orderly manner, and it has been a fruitful year. New Year's journey, this meeting aims to discuss the future direction of work. The criminal center will also hold monthly director team meetings to regularly summarize work and promote the center and center members
Ningbo pre-marriage down payment after marriage joint repayment, how to divide
One party pays the down payment and handles the bank loan before marriage, the real estate is registered in his own name, and the loan is repaid with the joint property of the husband and wife after marriage-how to divide the real estate in the event of divorce? This is one of the most common problems in marriage and family cases. Conclusion first: in this case, the property is generally owned by the down payment party, and the loan that has not yet been repaid is its personal debt...
Ningbo borrow money to buy a house before marriage to pay off debts after marriage, is it common property?
One party borrows the full amount to buy the property before marriage and registers it in his own name, and after marriage, he repays the premarital loan with the joint property of the husband and wife. At the time of divorce, the other party claimed that since the debt was paid jointly after marriage, the house should be the joint property of the husband and wife. Can this claim be valid? Conclusion first: housing and debt repayment are two different legal issues-if the spouse borrows money to buy a house and is registered in his personal name, the house belongs to his personal property before marriage; if he uses the joint property of the husband and wife to repay the pre-marital loan after marriage, the other party can...
Ningbo pre-marriage full room plus name, divorce can be divided into half
If you buy a house with full money before marriage and add the name of your spouse to the house property certificate after marriage, can the other party split half of the house when you divorce? Conclusion First of all, adding the name makes the house property change from personal property to joint property of husband and wife, but "common" does not mean "half and half". If the registration is shared by share and the proportion is clear, in principle, it shall be divided proportionally; if the registration is common, the court shall decide the proportion in the light of the source of capital contribution, the duration of the marriage, the situation of the children, fault and other factors. Interpretation of Marriage and Family to be implemented on February 1, 2025 (II...
Ningbo spouse bought a house before marriage, let the other party package decoration how to do
A woman in Ningbo asked: her fiance bought a house before marriage and asked her to pay for the decoration, saying, "the house will be our home in the future". She worries: once divorced, can you get the money back for the renovation? The conclusion starts with: the renovation money belongs to the investment in the premarital property, the property rights of the property still belong to the owner, and the party that invests in the divorce usually can only claim compensation according to the residual value of the renovation-while the renovation is rapidly depreciating, and after a few years there may be little residual value left, but the property is increasing in value, and the investment is easy to suffer. The primary methods of investment in protection…
Ningbo rural homestead self-built house divorce how to divide
A woman who has been married to the countryside for more than ten years has consulted: the homestead is applied in the name of the man's family, but her name is also on the application for building a house. During the divorce, the man said, "the homestead belongs to my family, and you can't get a penny." -- This kind of dispute is very common in rural divorce. The conclusion starts with the following: the ownership of the homestead belongs to the collective of farmers, and the divorce of husband and wife cannot divide the "land" as private property; However, if the right to use the homestead and the above-ground house are jointly funded by the husband and wife, or if both husband and wife are approved to build the house, the divorce can...
Ningbo after marriage to buy a house registration under the name of the divorce how to divide
The house purchased after marriage and registered in the name of both husband and wife belongs to the common property of husband and wife in principle, and shall be included in the common property and divided together in the event of divorce. The fact that it is registered in the names of both parties has a strong publicity effect in law, and it is usually directly presumed that both parties have a common interest in the house, without the need for the claiming party to prove the joint contribution separately. However, registration is not the only determining factor, and the court will still review the source of funds in the split ratio. Specific to the division ratio, after marriage jointly funded the purchase of a house...
Ningbo divorce agreement did not become a divorce can be used as a court basis
The two sides have negotiated the conditions and signed the divorce agreement. When they go to the marriage registration office to go through the formalities, one party goes back on his word, and the other party takes the agreement to sue for divorce and asks the court to divide the property according to the agreement-this is a very common situation in practice. The conclusion is that the provisions on the division of property in the divorce agreement belong to the agreement on the effective conditions of divorce by agreement or mediation of divorce in the people's court. If the divorce registration is not completed in the end, and one party clearly indicates that it does not recognize the agreement in the divorce proceedings, the court shall determine that...
How to check the other party's property after Ningbo sues for divorce
In divorce cases, the division of property is often the focus of controversy. Many people want to find out the family background of the other party before deciding how to leave, but individuals have no right to investigate other people's property at will-to check the bank flow, install the location, find a "private detective", which may be infringement, and the evidence obtained may not be adopted. One sentence conclusion: after the divorce, the parties can apply to the court for investigation and evidence collection, by the holder in accordance with the investigation order to inquire about the other party's name of real estate, bank deposits, WeChat Alipay water, stock securities, public reserves...
Can Ningbo dispose of property casually after suing for divorce?
A party asked: Has filed a lawsuit for divorce in the court, the case has not yet been decided, but the other party has begun to transfer large deposits and sell the house at a low price. Does the lawsuit have the effect of "freezing" the property? Direct to the conclusion: the prosecution of divorce itself does not freeze property, the common property in marriage is still in a state of flow before the judgment comes into effect...
Can full-time mothers in Ningbo divide their property when they divorce?
According to Article 1062 of the Civil Code, the 1. law stipulates that the income after marriage shall generally be jointly owned by the husband and wife, and shall be divided equally upon divorce. Article 1088 also stipulates that if one party bears more obligations due to raising children, caring for the elderly and assisting the other party in his work, he has the right to request compensation upon divorce. Stay-at-home mothers also enjoy these rights. The two rules are superimposed: the former guarantees "equal division of common property", while the latter recognizes that "housework has a consideration", which together constitute a double protection for the full-time party...
The management meeting of Zhiheng Company's Legal Affairs Center was successfully held in February 2024
On the afternoon of February 27, 2024, the legal affairs center of Zhiheng Company held the management meeting of February 2024 in the conference room of Zhiheng No. 3. Liu Hong, director of the legal affairs center of Zhiheng Company, Zhou Hua and Wang Zhenghua, business consultants of the center, Zhou Yanjun, secretary general of the center, and Zhang Xiulan, Minna, Liu Shuang, Chen Rui, Liu Zhanlei, Deng Huifen, etc. attended. Liu Hong, director of the legal affairs center of Zhiheng Company, said that since the establishment of the company's legal affairs center, the work of the center and various affairs departments has been carried out in an orderly manner and has been fruitful. The center will hold monthly management meetings to regularly summarize the progress of the work, plan the direction of work, and promote the healthy and efficient development of the company's legal affairs center and center members. The business consultants of the participating members' centers and the heads of various affairs departments spoke in turn, reporting the work in February and formulating the work plan and goals for March. Subsequently, at the head of Director Liu Hong
Ningbo pre-marital property after marriage to buy a house registered under the name of the other party who is counted
This is a common scene in remarried families: one party sells the property before marriage and buys a new house after marriage with the money from the sale, which is registered in the name of one spouse. Who does the house belong to when divorce? Conclusion First, even if the house is registered in the name of the other party after marriage, it is not of course equal to giving the other party to the individual; the house is usually still recognized as the joint property of the husband and wife, but when the division should be "pre-marital property contribution part and its corresponding value-added" to the investor, the remaining part by the two parties according to the rules of common property division. Can the source of funds be explained...