LY HÔN VÌ CHỒNG NGOẠI TÌNH CÓ ĐƯỢC CHIA TÀI SẢN NHIỀU HƠN?
Hi lawyer, my husband about an affair and living with other people and with other children. We have been separated for two years and two children who live with me. My husband is trying to write a divorce and division of property servitude conditions, the house where his mother was living 3. I do not have a stable job and just go to work outside to raising children, 2 grandchildren are now coming out of school already. I want to ask is whether I get my husband to claim division of property does not? And if I have to share resources get much better? The house that the two people together contribute built.
Regarding your question, I take a position resolved as follows:
The sister of adultery, living with other people and have separate children’s error factor as evidence husband to divorce. The couple have been living apart is also the basis for the Court to settle the divorce. She said her children coming out of school, do not know is that she is in grade it is, how old? Because when the children under age 18 if the divorce would be legally binding on child custody, alimony, if children aged 9 or over must consult him about wanting to be with someone. Children over 18 years old will not pose problems, it was mainly the requests support “until the maturity” to bind more the responsibility until the child self feed themselves.
Turning to the question of her saying she and her husband have been demanding conditions Property division? I’m telling you that is entirely possible for the common property is the house because she and her husband both contribute built. On the issue of property division is the common home which she asked, according to law, the principle is split. However, with reference to her case, she completely Court to consider allocating more.
By the following reason: The law has always preferred women and children as society has acknowledged … On the other hand, she is a person who directly earn money to support two children, two grandchildren are now coming graduation. This is the basis for the Court’s assessment of her capacity to make asset base rata share more toward her. On legal grounds also adjusted
This very specific problem. To compare her case with the provisions of the Law on Marriage and Family in 2014 I launched a legal basis to advise the following:
When the divorce, the division of marital property had to factor “its fault in violating the rights and obligations of spouses” as well as other factors. Specifically, taking into consideration other factors, which by law, the act of adultery is one of the factors to be considered.
In Paragraph 2 Clause 3 Article 59 of the Marriage and Family Law provides:
“2. The common property of the spouses is split but take into account the following factors:
a) The circumstances of the family and the husband and wife;
b) the contribution of the spouses to the creation, maintenance and development of the common property. Labour of spouses in family labor is considered as income;
c) To protect the legitimate interests of each party in the production, sales and employment for the parties to continue the labor conditions to generate income;
d) Error of each party in violating the rights and obligations of spouses. ”
Thus, acts of infidelity, lack of care and education of children and her husband is one of the factors to determine the error in the implementation of the rights and obligations of spouses. Accordingly, the Court may consider as a basis for deciding property that her husband shared her less when sharing common assets of spouses. According to the same case, I often find that the Court divided: 60% or 70% wife asset value.
I consulted more, if she and her husband are aware of legal issues specified above, the two parties reach an agreement on the division of assets would help in court costs as well as the cost of time and money of the State . If the two parties fail to reach agreement on new part by the Court to settle property.
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