Marriage followedInheritance of the lawFor legal inquiries, please click hereClick on the avatar to enter the homepage, private message or fan group communication, please speak directly to the question, no need to ask "are you there?""Hello", we will reply promptlyIn the previous part of the book, we have finished talking about some basic principles of divorce, and in this article, we will talk in detail about the division of property and the maintenance of children.
3. The issue of division of property
1) Personal property does not participate in the division of divorce property.
According to the law, the following property belongs to the property of one of the spouses individually:
1) the pre-marital property of one of the parties;
2) Medical expenses, living allowances for the disabled, and other expenses received by one party due to bodily injury;
3) Property that is determined in the will or gift contract to belong to only one of the husband or wife;
4) Daily necessities for one party;
5) Other property that should belong to one party: ** insurance money, disability allowance, medical living allowance for military personnel; During the existence of the marital relationship, the property obtained by the change of the material form of the personal property of one party shall be personal property unless otherwise agreed by the parties; property before remarriage or remarriage; The house is the pre-marital property of one party with personal property to pay the down payment and the house ownership certificate is registered in the name of one party.
(2) Division of real estate
1) The real estate jointly owned by both parties shall be negotiated by both parties, and if both parties claim the ownership of the house, the ownership of the house can be obtained through bidding, and the higher price will be obtained; If one party claims ownership and the other party does not, the party who obtains the ownership of the house shall give the other party corresponding compensation; If both parties do not claim the ownership of the house, they can sell the house through auction, sale, etc., and the two will divide the sale price.
2) For a co-owned house where the mortgage loan has not been repaid, the court will generally not deal with the ownership of the disputed property, and the husband and wife can decide the ownership of the house on their own and go through the transfer after the loan is repaid.
3) Parents contribute to the purchase of a house for their children, if it is a premarital contribution, it is generally considered to be a gift from the parents to their children, unless the parents expressly indicate that the gift is made to both parties; If it is a capital contribution after marriage, if there is an agreement, it shall be in accordance with the agreement, and if there is no agreement or the agreement is unclear, it is a gift to both parties.
(3) Debt division
According to the current legal provisions, the determination of joint debts of husband and wife needs to be considered from the following three aspects: (1) joint debts are co-signed or recognized after the fact; (2) one party has external debts in his or her own name, but is used for the family's daily living expenses; (3) Although it exceeds the daily needs of the family, the creditor can prove that the debt is used for the daily life of the family.
Therefore, as long as it is proved that the debts incurred by the other party are not related to family life, they can be recognized as personal debts of that party. In practice, the following circumstances can be considered as personal debts:
1) During the period of borrowing, the family did not purchase a large amount of property or had a large amount of expenditure;
2) The debtor's spouse has a stable income and can maintain the normal expenses of the family when the debt is incurred, the husband and wife are in the process of disharmony, separation, divorce by agreement or divorce proceedings;
3) The purpose of the debt refers to the debtor's illegal and criminal activities such as gambling and drug abuse;
4) The purpose of the debt refers to the debtor's unilateral burden of activities unrelated to the common life of the family, joint production and operation, such as free guarantees, etc.;
5) The debtor's spouse is completely unaware of the debtor's investment and operation behavior and has not enjoyed the investment and operation income.
Fourth, child support issues
(1) Ownership of custody
According to the law, children under the age of two years shall be raised by the mother in principle, unless the mother suffers from an infectious disease or other serious illness that cannot be cured for a long time, has the conditions to support but does not fulfill the obligation to support the child, and the father requires the child to live with the child and is not suitable for raising the child for other reasons, the custody may be awarded to the father; For children between the ages of two and eight, priority will be given to the one with better support conditions, and if both parties have similar support conditions and both require to raise children, then the ability of grandparents to support children can also be used as a priority condition for direct child support; Children over the age of 8 should follow their true wishes.
(2) The amount of child support
The specific amount of alimony includes the child's living expenses, education expenses, medical expenses, etc., and the specific amount needs to be determined according to the actual needs of the children, the affordability of both parents and the actual local living standards. Generally speaking, for those who have a fixed income, the maintenance fee shall be paid at the rate of 20%-30% of their monthly income, and if they are responsible for two or more children, it can be appropriately increased, but not more than 50%; If there is no fixed income, the amount of maintenance shall be determined according to the total income of the year or the average income of the same industry, with reference to the above proportions.
(3) Do parents still need to pay child support when their children go to college?
The law stipulates that child support is paid until the age of 18, but in practice, 18-year-old children are still in school, have no financial **, and cannot support their own lives, so in practice, many people agree that child support needs to be paid until the child completes college studies.
Of course, there are many and complex situations in practice, so when facing the problem of divorce, it is recommended to seek professional legal support to ensure that your legitimate rights and interests are not infringed.