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This is the twenty-sixth live Q & a record.

[major] live twenty-sixth: maintenance of marriage and the interests of both sides of the wall ("major" legal aid platform Q & a record (one hundred and seventeen))

Thank you for your trust and consulting! According to the information provided, combined with China's relevant laws and regulations, this paper answer is as follows:

 3757, I want to divorce with husband, I bought the house, the son is me, how do I get I bought the house? Thank you.

Answer: if you really want to divorce your husband, you can consult with how to allocate property, child support etc.. Negotiation fails or refuses to negotiate, can the court to your husband frequently sued for divorce, can you buy a house payment procedure is proposed and the raising of children's evidence to the court, in order to share of real estate. The general situation of house ownership by all of the housing registration name as. (Sun Weijie, Liu Binbin)

 

3758, my wife want to divorce with me, but also the house, and the children, but also compensation. What should I do?

Answer: house ownership according to the general housing all of the registered name shall prevail. Custody of the child can be mutual consultation, consultation fails, the court will according to help children grow into principle to judge. General to the woman under the age of 2, more than two years of age, according to the specific conditions such as economic decision. (Du Hongtao, Sun Weijie)

 

3759, the house is the man parents bought, during transfer to him, now divorce I can divide the house?

Answer: if you have paid off a part of 1629 in the marital relationship continues to exist, may require the segmentation of repayment and value-added part of the housing corresponding requirements. Du Hongtao.

 

3760, I and he is last year brought the marriage certificate, took the same day, we went to do the purchase formalities. Purchase amount is two of us each half, we buy is the forward delivery housing, in October last year has begun owing on the loan, the loan of 150000, housing price is more than 19. Now we want to divorce, ask the divorce agreement on how to write, because we do not agree with the housing property owned by all the other, so we must make a divorce agreement, how to write?

Answer: if you agree on the housing division can not, then the divorce agreement can not be Civil Affairs Bureau approval, thus unable to divorce procedures, so that the divorce agreement can't write, only to court. (Du Hongtao, Luo Zhen)

 

3761, fellow teachers Hello, trouble to look at my case. My sister-in-law is 34 years old this year, because of medical accident, total compensation of 370000 yuan, of which 100000 yuan of funeral expenses. I would like to ask, remove the funeral expenses, her parents (father, 63 year old mother of 59, has not lost the ability to mate), 36 years old, 10 years old daughter from a legal point of view of how to distribute the 270000?

Answer: the average distribution. Sun Weijie.

 

3762, Hello, my eyes abnormal convex in the hospital operation, I found the eye bleeding, after coming home, go back to check, the doctor a is not finished, let I to do, I want to make money, so right?

Answer: if the relevant contract you signed the agreement in the hospital and is the operation treatment, but an operation the hospital did not achieve the effect, should be to provide free medical service for you. (Du Hongtao, Luo Zhen)

 

3763, Hello, have a friend (male) we want to divorce, because there are two shop houses (name is his) a small, a larger and had been hired by their parents, business, in April this year just to buy property, there are half of the debt (because of female as fault square, but no concrete evidence), he would like to ask: how big is not the first segmentation (considered by transfer, but the transfer to each other to sign to complete, second shop reduce distribution, thank you.

Answer: the specific distribution can be negotiated, the woman has the mistake, he may request the compensation, but need to collect the evidence of the existence of fault. The pavement in during the existence of marriage to purchase, so the joint property of husband and wife, the debt will be shared between husband and wife. Can assume the debt to his way, and the negotiation will be big shops property division to the small shop, segmentation to the woman. (Du Hongtao, Liu Binbin)

 

3764, my husband and I have been married for 6 years, after we received his unit of a welfare housing, paid Shoufu is the mortgage, property rights are dealt with, we are now not because of love going to divorce, the house I can share? What is the law?

Answer: the property belonging to the joint property of husband and wife, the general should be the average allocation. But want to housing property rights of a party, need to give the other party a compensation in accordance with the housing market price. Du Hongtao.

 

3765, my husband and I currently live in a 2 house property here, no real evidence, similar staff apartment, not rent or sell but have the right of inheritance, and a 3 room, the rent, if filed divorce proceedings, the court will how?

Answer: similar staff apartment house does not belong to the joint property of husband and wife or personal property, the court will not the judge of its right to use problem. The 3 bedroom segmentation. "Provisions of the Supreme People's Court on the trial of divorce cases public use, rent some solutions", before the public houses by the side of the lease, the marital relationship continues to exist for more than 5 years after the divorce, both sides can lease.

The judicial interpretation also stipulates that, for both husband and wife are of public housing tenant, processing according to the following principles: (a) for the upbringing of their children; (two) both men and women to take care of the woman in the same conditions,; (three) takes care of the disabled or life difficult for the party; (four) take care of the no fault party. (Du Hongtao, Liu Binbin)

 

3766, if the couple bought the house, the house is the name of the man, into buying the house whose parents out of a sum of money (such as 300000), but the fear of the future spouses divorce, according to the law the property distribution is divided, that the parents had the money but also all is all in whose parents? If the autograph that money's parents out there are man's, but the woman did not sign the certificate, so effective?

Answer: if the man parents designated gift of the man, and there is evidence to prove that the money for all that, the part really belongs to the personal property. Du Hongtao.

 

3767, there is a person in November last year, to borrow one hundred thousand yuan to me, to write IOU, speak last at the end of 12 to pay off, up to now have not yet, now people can not find, phone also shut down. If I am to prosecute him, to what time the prosecution, thank you.

Answer: the limitation period is 2 years, 2 years since the day that agreed repayment. Sun Weijie.

 

3768, I want to ask, University School Change class time, causing the student have a class time than the previous school schoolmate greatly reduced, it is a way to change, because the students' interest is damaged. Thank you very much.

Answer: you can reflect to the relevant departments of education consulting. Sun Weijie.

 

3769, there is no evidence of property rights housing sale contract effective? I bought a garage no property, money has been paid, because no title card, want to return, they do not give back, how should I do?

Answer: according to the information you provide, you on the garage sale contract effective. Immovable property sales contracts, the seller's obligation of delivery to help you complete the registration of property rights as the main content. So, advise you on the grounds of finished each other obligation of delivery, terminate the contract and request the seller to bear the corresponding liability for breach of contract. (Wang Ying, Sun Weijie)

 

3770, Hello, I want to consult with the accident, drivers of motor vehicles and non motor vehicle collisions, non motor vehicle and drunk driving, traffic departments responsibility Division I six he was four, he made a disability identification for grade nine, my car just bought insurance to pay strong, this accident should I pay for it, how a compensation method?

Answer: if the insurance to pay strong enough to bear you shall bear the compensation, so does not require compensation. If the cross strong insurance insufficient compensation part, by your commitment. Sun Weijie.

 

3771, after the divorce, the house should be how to do, what was it? Marriage is jointly funded and bought the house, the man has third person, real estate property how to split?

A: Generally speaking, housing ownership to negotiations between the parties, the negotiation fails, to all of the housing on the registration of the name is, bought together, and the value-added component, you enjoy the corresponding rights of housing ownership. Sun Weijie.

 

3772, female friend wants me to sign a loyalty agreement, if I leave her or else have to compensate her one hundred thousand, the effective?

Answer: the "effect of loyalty agreement" of the controversy. The Shanghai high court in Shanghai court people a court civil law 2004 "ask" pointed out that "loyalty agreement" is invalid; but in the litigation practice in recent years, the court has been relaxed for "identification standards of loyalty agreement" effect, in Shanghai, Beijing, Guangzhou and other places have been court decided in favour of "loyalty Protocol" judgment. At present, the court of loyalty agreement adopted practices are not accepted, according to the "marriage law judicial interpretation: a" third party only bring a lawsuit according to law fourth, the people's court shall not accept the case; has to accept, reject. There are faithful to the agreement on the couple signed, the party in breach of loyalty agreement only on the grounds, prosecution for the other side to the agreement or the payment of liquidated damages and compensation for losses, the people's court shall not accept the. What is between the male and female friend. (Du Hongtao, Li Shufen)

 

3773, children from the custody of the woman, the couple want to put the real estate holdings to children, need to pay taxes?

Answer: Grant procedures need notarization procedures, the business tax exemption, but also need to pay a fee and stamp tax certain etc.. Du Hongtao.

 

3774, now I'm not married, my parents bought a house for me, just write my name, if I got married, and his wife not divorce, house, man? Or both?

Answer: if the house is the belongings before marriage, divorce is not as common property division, is still your personal. (Zhu Xingye, Du Hongtao)

 

3775, wife forced divorce, the original house is mine, compulsory divorce to who?

Answer: if the house is the belongings before marriage, divorce is not as common property division, is still your personal. (Du Hongtao, Li Shufen)

 

3776, the home is rural, married two years, children less than one year old, couples with. The house is his, furniture is the woman's dowry, production equipment in the home, also have money, the children who awarded ah, how property division ah?

Answer: breast-feeding children generally awarded to the woman, the joint property of husband and wife property average distribution, proper care of the woman. Du Hongtao.

 

3777, I married four years, husband is having an affair, want a divorce, the house is bought before marriage, to write his name, can I get the value of the house, part?

Answer: if you pay part of the loans, value-added part of the section and the corresponding you have the right to share. Your husband has the mistake, you can request compensation. (Du Hongtao, Zhu Xingye)

 

3778, my house is married to buy, just write the name of her husband, belong to the common property? How to allocate?

Answer: belonging to the joint property of husband and wife, general average distribution. Du Hongtao.

 

3779, the woman's injuries caused by violence, the man may put forward a divorce?

Answer: the requirements of divorce to affection, from the information you provided, it is difficult for the court to dissolve the marriage decision. Both of you can divorce, but divorce, personal advice, careful. Sun Weijie.

 

3780, initially in the Chengdu City when parents buy a house, no work, I'm still a student, so the property permits to write to my parents and my name, I now have the formal work, parents already divorce, the divorce agreement is said to house for my father, now they want to handle the property transfer, the transfer house to my father or I just want to get rid of, my mother's name, do I need to pay off all loans?

Answer: in general, if the loan is not repaid, the transfer can not handle. It is best to consult the local housing authority and the bank. Du Hongtao.

 

3781, grandpa passed away long ago, grandma has four daughters, four daughters to maintenance obligations. But at her 5 years ago had put their name to house the transfer to one of the daughters, the other three daughters do not know. Does such a transfer is effective? Three daughters also should be how to deal with this kind of unfair treatment? If the court, whether the law will help the three daughters?

Answer: first, housing ownership is in your grandmother's name, title to your grandmother all, which have the right of disposition, so your grandmother has the right to dispose of his house. Sun Weijie.

 

3782, the parents are alive, their children have three, if wants to transfer the property to the parents of a child's?

Answer: can, parents have the right of disposal for the property, can grant any one of their children. (Sun Weijie, Du Hongtao)

 

3783, divorce, child by my upbringing, but for some reason can not continue to raise, want to let the child mother, should go what procedures?

Answer: with his ex-wife has custody to negotiate the change, and the signed agreement. Du Hongtao.

 

3784, the new marriage law: who first payment after the divorce of house who so I have a special problem, I and his fiancee to buy a house, I took her home Shoufu, a point not to get, but I the place to buy a house in her city, must use her account, real estate certificate must write her name, so if the divorce, the house belongs to who?

A: Generally speaking, consultation, the consultation fails, the property registration certificate is who has the ownership of the house, but you can ask the other party compensation payment and the corresponding value-added part. If her name, from the property rights belong to the belongings before marriage, after the divorce to her, you only Shoufu and repayment, the value-added component of compensation. Can do a prenuptial agreement and notarization, to protect their own rights and interests. (Du Hongtao, Sun Weijie)

 

3785, the man before marriage to buy housing, I (female) to marry the house does not belong to me? How can we let me also have a house?

Answer: can request to add your name in the property permits. Du Hongtao.

 

3786, if you hear the neighbors always beat his wife, I can give an alarm? I'm afraid the alarm for the wife, husband back playing.

Answer: recommend you alarm, now some domestic social organization, such as the Beijing Fan Bao, provides protection to the battered women. You can help your neighbor to contact them. Wang Ying.