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What is the division of family property and debt burden?
The family currently owns a house located at No. 1-1, Annex 2, No. 38, XX Road, and noodle processing equipment (*** totaling RMB 130,000) owned by the defendant. The defendant compensated the plaintiff 6 50,000 yuan. At the same time, the plaintiff and the defendant were each responsible for RMB 10,050 due to the RMB 21,000 borrowed to purchase the house. In addition, the defendant's parents and family moved to Shandong Province due to the Three Gorges migration. Now the defendant has no relatives in the XX area. The defendant has no house to live in after the divorce. According to "One party who has no place to live after the divorce is in difficulty." and Article 1090 of the Civil Code. Article stipulates that "During divorce, if one party has difficulties in living, the other party shall provide appropriate assistance from his or her housing and other personal property. The specific method shall be agreed upon by both parties; if the agreement fails, the People's Court shall make a judgment." Therefore, in divorce cases, taking care of women, children, Taking care of the innocent party and taking care of the party who has difficulties in life are important principles in dealing with family property. In this case, the defendant, as a woman, has been taking care of the housework at home, caring for her husband and raising children, honoring her parents, and fully supporting the plaintiff in working. During the 17 years of marriage, she has devoted her best youth to the family. Although the defendant firmly disagrees with the divorce, if the court rules for divorce, the following circumstances should be comprehensively considered: because the defendant has no skills, no financial resources, and no housing. After the divorce, they will face tremendous pressure to survive. Moreover, according to today's court investigation, the relationship between the couple was endangered because of the plaintiff's immoral behavior of favoring the new and hating the old, for which the plaintiff bears major fault. When dealing with family property, the court should give the defendant adequate care in accordance with the law. At the same time, the motorcycle purchased by both parties is owned by the plaintiff, and the plaintiff pays half of the price to the defendant. Each person also pays half of the home appliances and daily necessities purchased after the marriage. The defendant's dowry was returned to the defendant before the marriage. To sum up, in order to protect the legitimate rights and interests of women and children, the plaintiff’s claims are dismissed. The above representation opinions are kindly requested to be considered and adopted by the court. Agent of Chongqing Taiyuan Law Firm: xxx Article 1090 of the Civil Code of XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX Provide appropriate help. The specific measures shall be agreed upon by both parties; if agreement fails, the decision shall be made by the People's Court. The above is a collection of agency terms for not agreeing to divorce, for your reference. If one spouse files for divorce, the other spouse may not agree. As for whether the court will rule on divorce, it depends on how the judge determines the facts. If you still don’t understand anything, it is recommended that you call the professional lawyers on the website and they will answer your questions. Article 1062 of the "People's Liberation Army and Civil Code of the People's Republic of China" The following property acquired by a husband and wife during the marriage relationship shall be the joint property of the husband and wife and shall be owned jointly by the husband and wife: (1) Wages , bonuses, labor remuneration; (2) Income from production, operation, and investment; (3) Income from intellectual property rights; (4) Inherited or donated property, except as provided in Paragraph 3 of Article 1063 of this Law Except; (5) Other property that should belong to the contract. Husband and wife have equal rights to handle the same property. Article 1153 of the "People's Republic of China" and the Civil Code of the People's Republic of China: For property owned jointly by the husband and wife, unless otherwise agreed, when dividing the inheritance, one share of the property owned by the husband and wife shall be divided first. Half of the property belongs to the spouse, and the remainder belongs to the decedent’s estate. If the inheritance is among the family's private property, when the inheritance is divided, the property of others should be divided first. Article 1063 of the "People's Republic of China" and the Civil Code stipulate that the following properties are the personal property of one spouse: (1) Pre-marital property of one party; (2) Compensation or compensation received by one party due to personal injury; ( 3) Property that is determined to belong to only one party in the will or gift contract; (4) Daily necessities used exclusively by one party; (5) Other property that should belong to one party.
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