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How to divide divorce property after leaving home

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How to divide divorce property after leaving home


        

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  • 2024-06-21 21:01:42

    According to the provisions of relevant laws in China, the husband and wife need to divide their property only after divorce. If one party runs away from home without divorce, both parties can negotiate the property ownership within marriage.
    Marriage Law of the People's Republic of China
    Article 19 [Agreement on marital property] The husband and wife may agree that the property acquired during the marriage relationship and the premarital property shall belong to their own ownership, joint ownership or part of their own ownership or part of their joint ownership. The agreement shall be in writing. In the absence of an agreement or unclear agreement, the provisions of Articles 17 and 18 of this Law shall apply.
    The agreement between husband and wife on the property acquired during the period of marriage and the property before marriage shall be binding on both parties.
    If the husband and wife agree that the property acquired during the marriage relationship shall belong to each other, and the debts of the husband or wife to the outside world are known to the third party, the property owned by the husband or wife shall be used to pay off.
    Article 39 [Divorce treatment of husband and wife's common property] At the time of divorce, if the two parties fail to reach an agreement on the treatment of the husband and wife's common property, the people's court shall make a judgment based on the specific conditions of the property and the principle of taking care of the rights and interests of children and women.
    The rights and interests enjoyed by the husband or wife in the household land contract management shall be protected according to law.

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    2024-06-21 21:01:42

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