How to divide the divorce property in pregnant women?What should I do if the divorce property is divided and transferred to the property?

Divorced during the woman’s pregnancy involves the division of common property, and often takes care of the woman properly.At the same time, considering that the women have children in the future, they will take care of their children appropriately when dividing their property.Although in principle, the division of common property is half a person.Considering that the woman is pregnant, there are often more property to the woman.

1. How to divor the divorce property in pregnant women

Divorce is generally aimed at the common property of husband and wife.The calculation of common property is of course calculated from the date of receiving a marriage certificate.During the existence of husband and wife relationship, there is no special agreement as common property.Half a person at the same time, take care of the woman at the same time.

Sometimes it involves the division of Cai Li, and the color gift given by the man generally believes that it is the common property of the husband and wife. Except for individual circumstances, the male is not returned.As for the woman’s dowry, it is generally considered to be the woman’s personal property and does not need to participate in the division.

The woman is pregnant when the divorce, so there are two cases when the property is divided:

1. If the woman wants to have a miscarriage and is a voluntary behavior of the woman. Medical and nutritional costs should be used as common debts, and both sides must bear it.The man can appropriately compensate the woman.However, the specific standards of the law are not stipulated, depending on the discretion of the judge

2. If the abortion is not agreed, the man should pay nutrition costs, production costs, medical expenses, etc. during the production period.The man should pay the support fee, and the man can apply for mandatory execution without paying, forced the implementation of the man’s property, such as allocating his deposit.In the case of men’s economic ability, the man can also require the man to pay for the support for one -time.

2. Can the woman get pregnant?

Article 34 of the Marriage Law stipulates that the man must not propose a divorce during pregnancy, one year after childbirth or within six months after delivery.The woman’s divorce, or the people’s court believes that it is necessary to accept the divorce request of the man, which is not limited.

The people’s court believes that it is necessary to accept the request of the man’s divorce, which mainly includes the following species:

(1) The woman’s pregnancy is caused by adultery with others after marriage;

(2) After the woman is small, physical health has recovered;

(3) The man is abused and unbearable;

(4) One side has a situation that harms life and personal safety.

The Supreme People’s Court pointed out in the "Approval of the Women’s Pregnancy Men’s Pilot to Fure Divorce" pointed out that the woman was pregnant with others after marriage, and the fact was that the woman was not arguing or was investigated. The man’s court should accept it.

There are a lot of couples who divorce during pregnancy, and after the divorce, the woman may have given birth to her children smoothly.At this time, although there is no longer a marriage relationship between men and women, the blood relationship between the man and the children cannot be separated.Based on this, even if the two sides have divorced at this time, the man still needs to fulfill his support for his children.

If you find that the other party can apply for property preservation from the court when you find that the other party has transferred property, then a certain guarantee fee is also required when applying for property preservation. At the same time, the court will conduct a corresponding review after accepting property preservation.The court will also make a decision within 48 hours. If the parties do not sue within 15 days after taking preservation measures, they will also relieve property preservation.

3. What should I do if the divorce property is divided and transferred to the property?

If it has not been prosecuted or has already found that the other party already exists in property transfer, you can apply for property preservation from the court.

(1) The situation is urgent, and the party who does not transfer the property may apply for property preservation to the court before the prosecution. After the court accepts the application for property preparation before the lawsuit, it ruled that the property preservation measures were adopted and immediately implemented.At this time, we must not file a lawsuit within 15 days after taking preservation measures, otherwise the court will lift property preservation.

(2) In addition, if the pre -litigation protection needs to provide guarantee property, and does not provide guarantees, the court will reject the application for property preservation, which will also create opportunities and opportunities for the other party to transfer property.

(3) In addition, there must be evidence to prove that the other party has the transfer of divorce property. Otherwise, if the property preservation of the application is inaccurate, the applicant shall compensate the respondent’s losses due to property preservation.

Regarding the transfer of property transfer before the divorce, the marriage law and its judicial interpretation stipulate: "During the divorce, one party hidden, transfer, sell, damage the common property of the husband and wife, or forged the joint property of the other party’s property., To change, damage the joint property of the husband and wife or forge the debt, can be less or indiscriminate. After the divorce, the other party finds that if there is the above behavior, they can file a lawsuit with the people’s court and request to divide the husband and wife’s common property again. "If the other party has a property transfer and concealed behavior before discovering the other party’s divorce, you can file a lawsuit to the court within two years from the next day.

4. Procedures for applying for property preservation

1. Due to the urgent situation, the interest relationship may apply for property preservation to the court before the prosecution. After receiving the application for property preservation before the lawsuit, the court shall make a ruling within 48 hours.If the parties do not prosecute within 15 days after taking preservation measures, the property preservation is lifted.

2. The party’s application for property preservation can be made. After review, the property preservation is made; if the parties do not apply for the application, they may also be ruled to take property preservation measures if necessary.

3. If the parties propose that the pre -litigation preparation does not provide a guarantee, the application will be rejected.

4. If the parties do not accept property preservation, they can apply for reconsideration once. During the reconsideration period, the implementation of the ruling is not stopped.

5. If there is any error in the application, the applicant shall compensate the respondent’s losses due to property preservation.

In order to better guarantee the legitimate rights and interests of the parties to the lawsuit, the state also stipulates that you can apply for property preservation if the other party is transferred or concealed in the lawsuit before or in the lawsuit.It was later discovered that the other party had previously concealed or transferred the common property of the husband and wife.

Baby Scale-(24inch)


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