Does the man not admit that the undecided house can be divided with the real estate?

Does the man not admit that the undecided house can be divided with the real estate? If it is not the common property of husband and wife, but the personal property of the man, and the man voluntarily divides the personal property to the woman, then the woman can divide it into the house.

Ownership is the right of the owner to possess, use, benefit and dispose of his property according to law. Ownership is the most important and complete right in real right, which has three characteristics: absoluteness, exclusiveness and sustainability. The specific content includes four rights: possession, use, income and disposal.

Can insurance be used as a policy for * * * common property? It has a certain cash value, so it is a kind of property. The property acquired during the existence of the relationship between husband and wife is the joint property of husband and wife, and the insurance expenses paid by one of the spouses as the insured should belong to the joint property of husband and wife. After the divorce and dissolution of the relationship between husband and wife, the insured loses the insurance interest to the insured, so he no longer has the qualification of the insured. The applicant has the right to go to the insurance company for surrender procedures, and both husband and wife can divide the value of the returned policy. However, if the insurance period is short, the cash value of the policy returned at this time may be much lower than the premium paid. In this case, due to the joint property of husband and wife, the cash value of the policy will not be worth the loss. Therefore, it is more reasonable to transfer the policy to the insured, and the insured will pay half of the insurance premium to the insured. For insurance money, the rights enjoyed by the beneficiary are expected and uncertain, so they should not be treated as the same property as husband and wife.

Can the property inherited by a will be divided from the property that was * * * at the time of divorce? Zhang Li and Li Feng got married on 1975. After marriage, they have a good relationship and have a son Li Xiaofeng and a daughter Zhang Xiaoxiao. Although she doesn't live with Li Feng's parents, Zhang Li is very filial to Li Feng's parents, which won the love of the old people. 1990, Li Feng's father died, leaving a famous painting in the Qing Dynasty. Li Feng's father is very traditional. He loves his grandson Li Xiaofeng and his son Li Feng very much. He decided to leave half of this famous painting to his wife, Wang, and the other half to his grandson and son. 200 1, Zhang Li filed a divorce with the court because she had a third party in Li Feng, and Li Feng agreed to divorce Zhang Li. Under the mediation of the court, the two also reached an agreement on child support. However, the two sides had a dispute over this famous painting. He thinks that famous paintings are left by his father and should belong to personal property, while Zhang thinks that famous paintings belong to the family and should be divided. The court ruled that this painting belongs to Li Feng's personal property and should not be divided. The lawyer's analysis of this case is still the determination of the joint property of husband and wife. In this case, since Zhang Li and Li Feng's parents don't live together, it can be ruled out that the property belongs to the family. However, does Li Feng's share in famous paintings belong to the joint property of husband and wife? The answer is obviously no, because according to the provisions of Article 18 of the Marriage Law, the property determined to be owned by one of the spouses in the will or gift contract does not belong to the joint property of the husband and wife. Because the father's oral will only stated that the famous paintings were left to Wang, Wang and Wang respectively, it was definitely ruled out, so it should be judged that the share belongs to personal property and not to husband and wife's property. The difference between family * * * and property, husband and wife * * * and property lies in the different scope of * * *. Family * * * joint property means that when the family lives together, all family members or some family members agree that * * * has property relations with all * * *. The same property of husband and wife only happens between husband and wife.

The house was built at her mother's house, and the account has not been paid off. When the two divorced, the man refused to admit the debt he owed. It is also necessary to use real estate as a * * * to share the debt, but it is best to pass the court decision. Otherwise, it will be bad if one party refuses to admit it after divorce.

Can the divided estate be divided as the joint property of husband and wife? Article 17 of the Marriage Law stipulates that the following property acquired by husband and wife during the marriage relationship shall be owned by the husband and wife: (1) wages and bonuses; (2) Income from production and operation; (3) Income from intellectual property rights; (4) Inherited or donated property, except as provided for in Item 3 of Article 18 of this Law; (five) other property that should be owned by * * *. Husband and wife have equal rights to dispose of all property.

Article 18 In any of the following circumstances, it shall be the property of one of the spouses: (1) the pre-marital property of one of the spouses; (2) Medical expenses, living allowance for the disabled, etc. Obtained by one party due to physical injury; (3) Property determined to belong only to the husband or wife in the will or gift contract; (4) Daily necessities used exclusively by one party; (five) other property that should be owned by one party.

According to the above provisions, if there is no will or it is not clearly owned by one party in the will, the inheritance belongs to both husband and wife.

The inheritance was not actually divided at the time of divorce. Can it be divided into * * * with the property? According to Article 17 of the Marriage Law, "the following property acquired by husband and wife during the marriage relationship shall be jointly owned by husband and wife: (4) property acquired by inheritance or gift." In other words, the inheritance inherited by husband and wife during the marriage relationship is the common property of husband and wife, which can be divided when the marriage relationship is dissolved.

However, this kind of estate that can actually be divided at the time of divorce can only exist if the inheritance behavior has actually occurred and ended and the estate can actually be divided. Otherwise, if the inheritance has started, but it is not actually completed, then the share of the inherited property or real estate is uncertain, so in this case, one party advocates the division of the same property, and the court does not support it.

That is, Judicial Interpretation III of the Marriage Law stipulates that during the marriage relationship, if the inheritance that one spouse can inherit according to law is not actually divided among the heirs, and the other spouse requests division when suing for divorce, the people's court shall inform the parties to file a separate lawsuit after actually dividing the inheritance among the heirs.

That is to say, in the case that the estate is actually undivided, if one party advocates dividing the undivided estate as * * * with the property, the court will not support it. However, the party requesting the division has not lost the right of appeal in the future, that is to say, after the division of the estate, the other party can still file a lawsuit on the division of the estate jointly owned by one party as the same property.

Can a house bought by two unmarried people be regarded as the same property? If your house is bought directly in full, it has been written on the real estate license, and it still belongs to that person's personal property after marriage. Unless the notarization before marriage proves that the house after marriage belongs to public property, the house legally belongs to the person on the real estate license.

In addition, if it is an installment payment, and the real estate license comes down after you get married, then this house belongs to the public property of both husband and wife.

In short, personal property before marriage still belongs to the individual after marriage, which is stipulated by law, especially in the case of a house. If you want the house to become the joint property of husband and wife, you should either get a marriage certificate before the real estate license comes down, or two people should do notarization at the notary office before marriage, which means that the house will become the joint property of husband and wife after marriage ~ It is best to write down the names of the two people directly, so there is not so much trouble ~

I bought the house in the name of my in-laws, and now I want a divorce. The man denied that it was the same property. If the property is registered in my in-laws' name, you have no right to claim division. If you raise a child, you can ask the man to pay alimony. Please refer to the following

the marriage law of the people's republic of china

Article 36 The relationship between parents and children shall not be eliminated by the divorce of parents. After the divorce, the child is still the child of both parents, whether or not the parents directly raise him.

After divorce, parents still have the right and obligation to raise and educate their children.

After divorce, the nursing children shall be raised by foster mothers. If the two parties fail to reach an agreement because of a dispute over the upbringing of a child after lactation, the people's court shall make a judgment according to the rights and interests of the child and the specific circumstances of both parties.

Article 37 After divorce, for the children raised by one party, the other party shall bear part or all of the necessary living expenses and education expenses, and the amount and duration of the expenses shall be agreed upon by both parties; If the agreement fails, the people's court shall make a judgment.

An agreement or judgment on the child's living expenses and education expenses shall not prevent the child from making a reasonable request to either parent for more than the original amount of the agreement or judgment when necessary.

Article 38 After divorce, the spouse who does not directly raise the children has the right to visit the children, and the other spouse has the obligation to help.

The way and time of exercising the visiting right shall be agreed by the parties; If the agreement fails, the people's court shall make a judgment.

If parents visit their children, which is not conducive to their physical and mental health, the people's court shall suspend the right to visit according to law; After the reasons for suspension disappear, the right to visit should be restored.

Article 39 At the time of divorce, the property of husband and wife shall be handled by mutual agreement; If the agreement fails, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman.

The rights and interests enjoyed by husband and wife in the contracted management of family land are protected according to law.

Article 40 Husband and wife agree in writing that the property acquired during the marriage relationship shall be owned by each other. If one party pays more obligations for raising children, caring for the elderly and assisting the other party in work. , it has the right to demand compensation from the other party at the time of divorce, and the other party shall pay compensation.

Article 41 At the time of divorce, the debts incurred by the husband and wife living together shall be paid jointly. * * * If the same property is not paid off, or the property belongs to each other, it shall be paid off by mutual agreement; If the agreement fails, the people's court shall make a judgment.

Article 42 In the event of divorce, if one party has difficulties in life, the other party shall give appropriate help from his personal property such as his house. Specific measures shall be agreed by both parties; If the agreement fails, the people's court shall make a judgment.

Husband and wife * * * own a car with the same property, but when the court divides the property, the man refuses to admit it, and the court has not awarded you a bank invoice for the car, mainly to collect evidence to prove that the car was purchased together after marriage.

Can an inheritance that has not been divided by an heir be divided into joint property of husband and wife? Interpretation of Marriage Law III Article 15 During the marriage relationship, if the inheritance that one spouse can inherit according to law is not actually divided among the heirs, and the other spouse requests division when suing for divorce, the people's court shall inform the parties to file a separate lawsuit after the inheritance is actually divided among the heirs.