The first prosecution is often sentenced to it, please ask the lawyer?- Divorce lawyer to answer your questions2021-12-03 12:53:15 61 ℃
Hello to the lawyer, I was married to my husband for 7 years, the child is 6 years old.
The man has a set of pre-marriage premature rooms. In the fourth year of marriage, he sold 1.05 million this room. This room.
At that time, the purchase price of 2.2 million, the renovation and furniture home appliances were given by my mother-in-law, and there was water to check. Then the man also has a lot of time, and the previous period has also accepted my mother-in-law.
This house is now 6 million market value, and there is still 200,000 loans.
Later, men were derailed, how many real estate can be divorced?
As far as I understand, the first prosecution of divorce If the other party disagree, it is generally not judged, then how much does I ask a lawyer?
I. Real estate segmentation does not only see the proportion
In addition to the contribution of the property, the property segmentation also considers the length of the two sides, whether there is a fault, take care of the woman, take care of the child, take care of all specific circumstances such as the wrong party.
These factors are then considering these factors, exercising free discretion, on the basis of the contribution of both parties, appropriate adjustments to the final segmentation ratio.
I am not a judge, I didn't see these details in marriage life, so I can't give you a conclusion like a judgment.
I can only make an estimate according to the capitalization ratio of your parties, but because the power of free discretion is very large, there will definitely float up and down.
The man sold the premium pre-marriage to get 10.5 million, the proportion share of 1050,000 in the new house is his personal property.
You put all the money for the new house. For example, you have 350,000, the man has 105 million, plus the loans you still have a loan, except that you have already reached 600,000 yuan, you are not still still Interest? These are costs for new houses.
The proportion of the resulting proportion is the share of the man in this house with 1050,000.
Other parts, your 350,000 is married, and counted a joint property. The renovation of mother-in-law, furniture appliances, and the preliminary loans will be recognized as a gift to your young two.
Half of the two sides of the husband and wife, so you can calculate it, you and the man are proportional to this house.
The present value of the house is 6 million, minus 200,000 unparalleled loans, and the net value of the house is 5.8 million.
Use this 5.8 million multiplication to calculate the proportions, how much it should be, and one party will give the compensation for the other party.
However, this calculation method is fully referred to the contribution. The judge is certainly not so. He also considers those factors I have previously said, so the amount finally drawn is determined by the judge free discretion.
Second, please a lawyer is necessary
Ask a lawyer not only necessary, but the sooner, the better, it is best to go to the lawyer when you just move the divorce.
Lawyers can give you divorce programs, including the approval plan, whether you must first sign a husband and wife property to keep the property ... These are the role of lawyers.
In addition, the lawyer will help you have a prosecution, even if the first prosecution is not judged, I will include buy one get one free on the delegate agreement.
In other words, including two processes, the first prosecution sentence is not left, and the second time after half a year, it is generally judged, then I will no longer charge.
Moreover, the first prosecution does not matter, but the lawyer can increase the opportunity to negotiate with the other party in court, in case the other person agreed to leave?
At the same time, the role of the lawyer also played, from the first prosecution, I didn't judge the second time between this half year. If the other party is looking for us, if there is a lawyer at this time, I can contact the other party to help the two parties agree to divorce. .
I have 30% to 40% of customers solve the problem at this stage, and I don't need to check the second time in the court.
So important is not the first judge to judge, but whether the lawyer can actively play.
The lawyer helped you plan the negotiating program, which is very promoted to the result of finalizing divorce.
Although it is not necessarily a lawyer to come directly, sometimes the lawyer does not come up, but in the back of the military, teach you some negotiation methods, then you can also reach a reconciliation outside the lawsuit.
1. Divorce real estate division does not consider contributing to contributions, but also comprehensive marriage age is short, there is no child, both parties, and take care of the principles, the judge's free discretion is greater.
2, no matter which way to divorce, the divorce itself is a matter that needs an overall consideration and planning. Please ask the lawyer to prepare, don't hug Buddha foot.
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