離婚分產法律問題

呢個係複雜,以實際擁有人作定義,可能連雙方家長都算係,任何一方提出反對,層樓都賣唔到.

咁條數點計呢,似乎你著數d,第一,佢比既係家用,而唔一定係供樓既錢,第二,新屋由你頂左2年,權益都係你大d.

最後如果打官司,你可能得到更少,睇你用咩角度去睇,譬如洗左幾百萬律師費,直頭大家都冇著數啦.

ps:佢唔賣樓,唯有睇下邊個死先,另一人就技術上擁有100%業權,係冇計.

2015-02-06 12:49:13 補充：
我建議係打官司之前,搵一個識計數,而又雙方都信任既人去調解下,可能係親戚朋友掛.
其實最不幸既結局,就係d錢比哂律師.

記住識計數唔係真係要科學化去計,而係藝術性去計出一個令2位都過到既方案.

哈囉 ! 大大

我可以建議你去仁寶當舖哦!!

在中壢往桃園方向中華路二段 YKK對面

我也是去那裡借的 店長很好商量 會給你方便的

保密 利息也很低 !服務態度也很親切

我也是我朋友介紹我去那的

而且她們在網路上的評價也很好哦

你可以去網路上搜尋 仁寶當舖

他們很專業 過件率也很高 評估完你的條件馬上放款

事後你有什麼問題 打過去給他們 他們都會盡量配合你

你可以去了解看看 !祝你好運~~~

這位網友你好

我本身也有遇過這問題

急需用錢 找銀行真的太慢了

我知道 中壢仁寶當舖 有在幫人代辦二胎

估價速度快 放款速度快 息低保密

你可以去詢問看看

我之前有在那裡借過 服務態度好 辦事效率好

真的是短期週轉的好幫手

放心啦!仁寶當舖是政府立案合法當舖

網路上的風評也非常好

在 中壢YKK對面 03-4520077

You are going to lose badly.

Your husband is correct that all money loaned (or gifted) by parents should be excluded, as none of them is considered as martial property. Excluding interests, the husband will get $1.13 million and you will get $230,000 first for the loans.

Your husband is also correct that as his contribution to the family is more than you, he is in fact entitled more than half of the remaining proceed. Based on your information (husband-wife income ratio is 2:1), assuming the current property can be sold at the same price as purchase, he can easily convince the court to award $2.5 million after the loan of $900,000 and you get the rest ($1.3 million).

Your husband's current proposal, using the same assumption, is an offer of $1.9 million including the $230,000 in loan.

In short, your husband is in fact more than generous.

Unfortunately, hiring a lawyer will make it worse by wasting more money and time. In your case, a good lawyer will tell you accept this deal as this is the best ever you can get. You can fight this all the way, but you will never get any sympathy from a court.

(Although you may have some leeway in your situation (like maintenance), based on the offer, it does not sound like your husband is willing to work around.)

Please note - the judge, not the lawyer, determines what you are entitled.

Under Partition Ordinance, either sides can force another side for a court-ordered sale. So it is not a matter of yes or no, but when and how much.

My personal advice to you are:

a. Don't stall this case - a quick resolution is in your better interest.

b. Try to agree on a fixed amount instead of the current offer. There are simply too many variables to affect the payout. Also, see if he can come up with that amount as well.

2015-02-07 13:58:36 補充：
Think about this - what exactly is the difference between your husband's offer and the lawyer's word?

2015-02-07 16:43:06 補充：
Continued at Comment.

2015-02-07 16:43:57 補充：
Additional advice:

c. You are not obligated to trust 1 lawyer or person. You can get multiple consultation and compare what others say.

2015-02-07 16:44:47 補充：
d. Nothing is predictable in the court. Even an experienced lawyer can set back by the judge's decision. This is why settlement is always the best option (to avoid uncertainty).

Even the lawyer says he/she can win 100%, he/she can still lose on technicalities.