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How to distribute the property of couples who have separated for two years after divorce

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How to distribute the property of couples who have separated for two years after divorce


        

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  • 2024-06-26 17:00:47

    First of all, it shall be negotiated by both parties in accordance with the will of both parties and the principle of equality between men and women; The principle of protecting the legitimate rights and interests of women and children; The principle of caring for the innocent party; The principle of respecting the will of the parties; The division is based on the principle of facilitating production and life; If the two parties cannot reach a partition agreement, the court shall make a judgment in accordance with the principle of taking care of the rights and interests of children and women.
    Article 17 of the Marriage Law states that the following property acquired by the husband and wife during their marriage relationship shall be jointly owned by the husband and wife:
    (1) Salary and bonus;
    (2) Income from production and operation;
    (3) Income from intellectual property;
    (4) Property derived from inheritance or donation, except as provided for in Item 3 of Article 18 of this Law;
    (5) Other properties that should be jointly owned.
    Husband and wife have equal rights to dispose of jointly owned property.
    Article 39 of the Marriage Law states that at the time of divorce, the joint property of the husband and wife shall be handled by both parties through agreement; If no agreement is reached, the people's court shall make a judgment on the basis of 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.

    I***

    2024-06-26 17:00:47

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