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How to distribute divorce property and debts

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How to distribute divorce property and debts


        

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  • 2024-06-21 23:00:57

    The divorce agreement can be reneged within one year after divorce. Article 9 of the Interpretation (II) of the Marriage Law stipulates that if both men and women renege on the issue of property division within one year after divorce by agreement, and request to change or cancel the property division agreement, the people's court shall accept it. However, if it is found after acceptance that there is no fraud or coercion in the conclusion of the property division agreement, the court shall reject the litigants' claims.
    Yang Li: This one is very targeted. In the trial practice, it is often encountered that one party is not clear about the other party's property status or some parties seize the other party's "weakness" and claim for compensation at a high price in divorce. This article aims to protect the legal rights of the parties in view of these situations in real life. However, it should be noted that "Interpretation (II)" stipulates the time for exercising the right of action, that is, within one year after signing the divorce agreement.
    The betrothal gifts should be returned in three cases
    Article 10 of the "Interpretation (II)" stipulates that if a party requests the return of the betrothal gifts paid in accordance with customs, the court should support three situations: the premarital benefits of both parties who have not gone through the marriage registration procedures, but have not yet lived together, which lead to the living difficulties of the payer.
    Yang Li: Bride gifts are a deep-rooted custom. The amount is generally large, especially in rural areas, and there are many conflicts arising from it. This provision helps to resolve disputes in real life and prevent conflicts from intensifying.
    Personal investment income belongs to the joint property of husband and wife
    Article 11 of the "Interpretation (II)" stipulates that during the duration of the marriage relationship, the income from one party's personal property investment, the housing subsidies, housing provident fund, pension insurance, bankruptcy resettlement compensation, etc. actually obtained or should be obtained by both men and women are the common property of the husband and wife.
    Yang Li: With the economic development and social progress of our country, marriage relations are also showing more and more diversified characteristics. As for how to divide the diversified marital property, this hard rule is conducive to the compliance and implementation of both parties to the marriage.
    The law does not protect mistresses and third parties
    Article 1 of the "Interpretation (II)" stipulates that the people's court will not accept a party's request for the dissolution of the cohabitation relationship, and the court shall accept a lawsuit brought by a party due to a dispute over the division of property or the upbringing of children during the cohabitation period.
    Yang Li: Cohabitation is not a marriage relationship and is not protected by law. According to this provision, after a dispute occurs, "mistresses" or "third parties" cannot have the same status in the division of property as the two parties to a divorce. It means that when the two parties divide the property, they can only divide it according to the general property, that is, according to their respective shares in the property.
    The house given by parents is personal property
    Article 22 of the "Interpretation (II)" states that parents purchase a house for the marriage of both parties. Unless explicitly stated, the house shall be deemed as a gift to their children. The house purchased by parents for their children after marriage shall be regarded as a gift to both the husband and wife, unless the parents clearly express that they are donating to one party.
    Yang Li: This one is more innovative in this Interpretation. The issue of parents' contribution to purchase a house for their children has always been a tangled issue between husband and wife in the past, and it is difficult for the court to determine it in the trial, but now it is very clear.
    Everyone borrows money and everyone returns it
    Article 23 of the "Interpretation (II)" stipulates that the court will not support the creditor's claim to his spouse for the personal debt of one party before marriage, unless the creditor can prove that the money was used for the family life after marriage. Article 24 stipulates that the debts borrowed by one party during marriage are joint debts of husband and wife, except that one party can prove that the creditor and debtor agreed to be personal debts.
    Yang Li: It is often the case that one spouse has external debt problems, while the other is sued by creditors to the court. In particular, if one party owes a debt before marriage and then goes missing after marriage, his spouse becomes the defendant for no reason. The provisions of Article 23 clarify the respective obligations of both parties, and also increase the liability of creditors.
    The division of "mom and pop stores" is conducive to operation
    Article 18 of the "Interpretation (II)" stipulates that if a husband and wife invest in the establishment of a sole proprietorship enterprise in the name of one party, the people's court shall divide the joint property of the husband and wife in the sole proprietorship enterprise according to the following circumstances: if one party claims to operate the enterprise, after the evaluation of the enterprise assets, the party that obtained the enterprise shall give the other party corresponding compensation; if both parties claim to operate the enterprise, On the basis of both parties' bidding, the party that obtains the enterprise shall compensate the other party accordingly. If both parties are unwilling to operate the enterprise, it shall be handled in accordance with the Law of the People's Republic of China on Wholly Owned Enterprises and other relevant provisions.
    Yang Li: In many cases, the "mom and pop shop" is funded or invested in the name of one of the spouses, which makes the property relationship between the spouses more complex. If the husband and wife invest in the establishment of a sole proprietorship enterprise in the name of one party with their jointly owned property, the other party shall be compensated accordingly without changing the organizational form of the enterprise. Such principles are conducive to the operation of enterprises.

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