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How will the divorce property be divided

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How will the divorce property be divided


        

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  • 2024-06-06 03:00:01

    Disputes over the division of property after divorce may be settled through litigation or agreement. After divorce, if both men and women have a dispute over the division of property, they should go to the people's court to file a civil lawsuit and ask the people's court to make a judgment on the dispute over the division of property. If the people's court finds no fraud, coercion or other circumstances in the conclusion of the property division agreement after the trial, it should reject the litigant's claims according to law.

    [Legal Basis]

    Article 76 of the Interpretation of the Supreme People's Court on the Application of the Marriage and Family Code of the Civil Code of the People's Republic of China (I) states that if the two parties cannot reach an agreement on the value and ownership of the house in the joint property of the husband and wife, the people's court shall deal with it according to the following circumstances:

    (1) If both parties claim the ownership of the house and agree to obtain it through competitive bidding, it shall be permitted;

    (2) If one party claims the ownership of the house, the appraisal agency shall evaluate the house at the market price, and the party who obtains the ownership of the house shall give corresponding compensation to the other party;

    (3) If neither party claims the ownership of the house, the proceeds shall be divided according to the application of the party concerned for auction and sale of the house.

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