Secondly, the custody of the four children should be considered separately, depending on whether they are adults. If the man gives up custody, he can ask the man to pay alimony.
The latest provisions on the division of divorce property 20 16
First, how to divide the divorced property of husband and wife
(1) The property jointly owned by husband and wife should be shared equally. In other words, the husband and wife share property and share it equally in principle; According to the actual needs of production and life and the source of property, the specific treatment methods can also be different. Articles belonging to individuals are generally owned by individuals.
(2) The * * * property managed and used by husband and wife in two places shall be owned by the manager and the user respectively when divided; For the difference, the party with more property shall compensate the other party with property equivalent to the difference.
(3) If the registered marriage has not yet lived together, and the bride price is paid according to the custom, or if the payment before marriage causes difficulties for the payer, you can request the other party to return the bride price at the time of divorce.
(4) If one party cooperates with others with the common property of husband and wife, the property it occupies can be owned by one party, and the party sharing the property should compensate the other party for half of the value of the property it occupies.
(5) If the breeding industry operated by both husband and wife in that year has no income, it should be reasonably divided or discounted considering that it is conducive to the development of production and operation.
(6) Both parties have repaired, renovated, demolished and built a house owned by one party before marriage, and the property rights have not changed at the time of divorce. The diffused part shall belong to the other party's share, and the owner of the house shall compensate the other party at a discount.
(7) Property acquired through marriage, such as short marriage time, or demanding property during divorce, which causes difficulties for the other party. Can be returned as appropriate. If it is difficult to determine the nature of the acquired property, it can be treated as a gift.
(8) Houses shared by husband and wife that are not suitable for separate use should be allocated to one party according to the housing situation of both parties and the principle of caring for and raising children or the innocent party. The party who gets the house should compensate the other party for half the value of the house. Take care of the woman under the same conditions for both parties.
(9) If one party's intellectual property rights have not obtained economic benefits at the time of divorce, the other party should be properly taken care of according to the specific circumstances when dividing the marital property.
(10) If the personal property before marriage is naturally damaged or lost in the married life, if one party claims compensation with the marital property, it will not be supported.
Two, the latest provisions on the division of divorce property
The Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (III)
Article 4 During the marriage relationship, if one of the spouses requests to divide the same property, the people's court will not support it except for the following major reasons that do not harm the interests of the creditors:
(1) One party conceals, transfers, sells, damages or squanders marital property or forges marital debts, which seriously damages the interests of marital property;
(2) The person with legal obligation to support suffers from serious illness and needs medical treatment, and the other party does not agree to pay the relevant medical expenses.
Article 5 The income from the personal property of one spouse after marriage, except fruits and natural appreciation, shall be recognized as the joint property of husband and wife.
Article 6 Before marriage or during the marriage relationship, if the parties agree to give the property owned by one party to the other party, and the donor cancels the gift before the change registration of the donated property, and the other party requests an order to continue the performance, the people's court may handle it in accordance with the provisions of Article 186 of the Contract Law (the donor may cancel the gift before the transfer of the right to donate the property).
Article 7 If the property right of the house property purchased by one parent for their children after marriage is registered in the name of the investor's children, it can be regarded as a gift to only one of their children according to the provisions of Item (3) of Article 18 of the Marriage Law, and the house property shall be deemed as the personal property of the husband and wife.
If the property right of the house purchased by both parents is registered in the name of a child, the house can be regarded as shared by both parties according to their respective parents' share of capital contribution, unless otherwise agreed by the parties.
Article 10 If a husband and wife sign a real estate sales contract before marriage, pay the down payment with personal property and borrow money from the bank, and repay the loan with the same property after marriage, and the real estate is registered in the name of the down payment payer, the real estate shall be handled by both parties through agreement at the time of divorce.
If no agreement can be reached in accordance with the provisions of the preceding paragraph, the people's court may decide that the real estate belongs to the party with registered property rights, and the unpaid loan is the personal debt of the party with registered property rights. After marriage, the amount paid by both parties to repay the loan and the corresponding value-added part of the real estate shall be compensated to the other party by the party handling the property right registration according to the principle stipulated in the first paragraph of Article 39 of the Marriage Law.
Article 12 During the marriage relationship, if both parties use the joint property of husband and wife to purchase the house to participate in the housing reform in the name of one parent, and the property rights are registered in the name of one parent, and the other party advocates dividing the house according to the joint property of husband and wife at the time of divorce, the people's court will not support it. The capital contribution when buying a house can be treated as creditor's rights.
Article 14 If the divorce agreement reached by the parties is conditional for divorce registration or the divorce agreement of the people's court is invalid, and one party reneges in the divorce proceedings, the people's court shall consider that the property division agreement has not come into effect and divide the husband and wife's property according to the actual situation.
Article 16 Where a husband and wife enter into a loan agreement and lend their common property to one party for personal business activities or other personal affairs, it shall be deemed that both parties agree to dispose of the common property of the husband and wife, and divorce may be handled in accordance with the loan agreement.
The Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (II)
Article 15 When a husband and wife divide securities such as stocks, bonds, investment fund shares and shares of unlisted joint stock limited companies in the same property, if negotiation fails or it is difficult to distribute them according to the market price, the people's court may distribute them in proportion according to the quantity.
Article 16 When a people's court tries a divorce case, it involves dividing the amount of contribution made by one spouse to the same property in a limited liability company in the name of one spouse. If the other spouse is not a shareholder of the company, it shall be handled separately according to the following circumstances:
(1) Both husband and wife agree to transfer part or all of their capital contribution to the spouse of the shareholder. If the other shareholders explicitly waive the preemptive right with the consent of more than half of the shareholders, the spouse of the shareholder may become a shareholder of the company;
(2) After the husband and wife reach an agreement on the transfer share and transfer price of the capital contribution, if more than half of the shareholders do not agree to the transfer, but are willing to buy the capital contribution at the same price, the people's court may divide the property obtained from the transfer of the capital contribution. If more than half of the shareholders do not agree to the transfer and are unwilling to purchase the capital contribution at the same price, it is deemed that they agree to the transfer, and the spouse of the shareholder can become a shareholder of the company.
The evidence mentioned in the preceding paragraph to prove the consent of more than half of the shareholders may be a resolution of the shareholders' meeting or a written statement of the shareholders obtained by the parties through other legal channels.
How to judge the custody of divorced children in divorce cases? According to the provisions of the Marriage Law and judicial interpretation:
Children under two years old usually live with their mothers.
However, if the mother has one of the following circumstances, she can also live with her father: First, the mother suffers from infectious diseases or other serious diseases that cannot be cured for a long time, and her children are not suitable for living with her; Second, the mother has the conditions to support, but the father requires the children to live with him, which has no adverse effect on the healthy growth of the children; Third, children can't live with their mothers for other reasons, such as the mother's economic ability and living environment are obviously not conducive to raising children, or the mother's bad conduct is not conducive to the growth of children, or she can't raise children because of illegal crimes.
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.
After divorce, minor children over two years old should live with their parents, which should be decided by parents' agreement first. Therefore, when there is a dispute between parents about raising minor children, the court should mediate and try to solve it by agreement. On the premise of voluntariness and legality of both parties, it is decided through consultation that minor children will be raised by their biological fathers, or live with their mothers, or be raised by both parents in turn on the premise of protecting their interests. The court may allow the reconciliation of the above-mentioned upbringing methods.
If parents dispute that parents live with their father or mother, parents should consider the opinions of minor children over 0/kloc-0.
The conditions for parents to raise children are basically the same. Both parents require their children to live with their parents. However, if the children have lived alone with their grandparents for many years, and the grandparents require and have the ability to help the children take care of their grandchildren, they can be considered as a priority condition for the children to live with their parents.
On the premise of protecting children's interests, parents should be allowed to take turns to raise their children. Both parents can agree that the child will live with one parent, and the adoptive parents will bear all the care expenses of the child. However, after investigation, it is obvious that the raising ability of the raising party can not guarantee the expenses required by the children, which affects the healthy growth of the children, and the request to bear all the nursing expenses unilaterally is not allowed.