1. If it is in the name of the parents, the parents pay the monthly down payment, which is not the joint property of the husband and wife, and the divorce will not divide the property;
2. If it is the name of both husband and wife or one of them, it depends on the time of buying a house, whether it is before marriage or after marriage. If the real estate license is the name of one's own child and the property of one party before marriage, the divorce will not participate in the division.
3. The income of both parties in marriage is the joint property of husband and wife, and the personal loan in marriage belongs to the joint property of husband and wife. Divorce is divided into this part and its appreciation value. As for the repayment of the loan by parents, as long as there is proof of capital contribution, it can be given as a unilateral gift, which belongs to the personal property of husband and wife and will not be divided when divorced. Under normal circumstances, the property is awarded to the investor, and then both husband and wife will compensate the other party with the same property.
4. At the time of divorce, the debts incurred by husband and wife in the same life are legal debts, and both husband and wife should bear the obligation to repay. If the same property is not enough to pay off debts, both parties shall determine it through consultation; if negotiation fails, the court shall determine their respective proportions. However, it should be pointed out that the agreed settlement and judgment commitment here are only binding on both husband and wife, and cannot be against a third person. That is to say, if the debtor sues for repayment obligations, it should still be regarded as the same debt, and the spouse who actually undertakes repayment obligations has the right to ask the other party to share the corresponding share according to the agreement or court judgment.
First, the distribution method of custody of divorced children
1 Children under two years old usually live with their parents. If there are circumstances stipulated by law, the mother can live with her father;
2. If both parents agree that children under two years old will live with their parents, which will not adversely affect their healthy growth, they may be allowed;
3. For minor children over two years old, if both parents want to live with them, priority can be given to the situation stipulated by one party's law;
4. If parents dispute that parents live with their father or mother, parents should consider the opinions of minor children over 0/kloc-0.
Second, how to divide the divorce property
1, the principle of negotiation between the two parties. The division of husband and wife's property at the time of divorce should be carried out under the principle of consensus between the two parties and cannot be decided by one party;
2. The principle of equality between men and women. We should not discriminate against women, nor should we think that if women earn less, they should get less points. Women's rights should be respected and protected in divorce and division of husband and wife's property.
3, take care of the rights and interests of children and women, the principle of no-fault party;
4. The principle of compensation. One party pays more obligations for raising children, caring for the elderly and assisting the other party in their work.
At the time of divorce, they have the right to ask the other party for compensation, and the other party should pay compensation.
Legal basis:
civil law
Article 1062 The following property acquired by husband and wife during the marriage relationship is the property of husband and wife and belongs to husband and wife:
(1) Wages, bonuses and remuneration for labor services;
(2) Income from production, operation and investment;
(3) Income from intellectual property rights;
(4) Inherited or donated property, except as provided for in Item 3 of Article 1063 of this Law;
(five) other property that should be owned by * * *.