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How to divide the property after divorce

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How to divide the property after divorce


        

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  • 2024-06-01 01:01:39

    At the time of divorce, the joint property of the husband and wife shall be divided first by both parties through consultation. If the consultation fails, they can bring a lawsuit to the court. The court will make a judgment according to the specific situation of the property and the principle of taking care of the rights and interests of the children, the wife and the innocent party.

    In principle, the joint property of husband and wife is divided equally. According to the actual needs of production and life and the source of property, the specific treatment can also be different.

    If the husband and wife agree in writing that the property acquired during the marriage relationship and the pre marital property belong to their own, joint, or part of their own, part of their joint ownership, the divorce shall be handled according to the agreement.

    [Legal Basis]

    Article 1087 of the Civil Code states that at the time of divorce, the joint property of the husband and wife shall be handled by both parties through agreement; If the agreement fails, the people's court shall make a judgment according to the specific circumstances of the property and the principle of taking care of the rights and interests of children, women and the innocent party.

    The rights and interests enjoyed by the husband or wife in the household land contractual management shall be protected according to law.

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