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What should be the division principle of the marital property of the elderly remarried

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What should be the division principle of the marital property of the elderly remarried


        

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  • 2024-06-26 09:00:56

    Property division of elderly remarried husband and wife: the husband and wife's personal property need not participate in the division. The personal property of one spouse may be generated according to the agreement. If there is no agreement, the legal provisions shall apply.
    The division principle is:
    1. The principle of caring for the innocent party.
    2. The principle of fairness.
    3. Respect the will of the parties and the principle that the property agreement precedes the law.
    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.

    Has***

    2024-06-26 09:00:56

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