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Can I get custody of my husband's multiple suites

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Can I get custody of my husband's multiple suites


        

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  • 2024-06-23 17:00:48

    There is no legal relationship between custody and divorce division.
    According to the provisions of the Marriage Law and the Several Specific Opinions of the Supreme People's Court on the Handling of Property Division Issues in the Trial of Divorce Cases (hereinafter referred to as the Opinions on Property Division), and in combination with judicial practice, the people's court should follow the following principles when trying divorce cases to divide the joint property of husband and wife:
    1、 The principle of equality between men and women. The principle of equality between men and women is not only reflected in the various legal norms of the Marriage Law, but also serves as a guide for people's courts to handle marriage and family cases. This principle is embodied in the division of divorce property, that is, both husband and wife have the right to divide their common property equally and bear the obligation of joint debts equally;
    2、 The principle of caring for children and women's interests. The "care" here can not only give the woman an appropriate share of the property, but also distribute a property that is specially needed in life, such as housing, to the woman in the type of property. After all, from the force of habit, from the obstacles caused by traditional factors, from the perspective of women's housework burden and physiological characteristics, women are generally weaker than men in finding work and earning a living after divorce, and they need more help from society. At the same time, when dividing the joint property of husband and wife, special attention should be paid to protecting the legal property rights and interests of minors. The legal property of minors cannot be divided into the joint property of husband and wife;
    3、 The principle of beneficial life and convenient life. When divorcing and dividing the common property, the utility, performance and economic value of the property shall not be damaged. When dividing the means of production in the common property, it should be distributed to the party who needs the means of production and can better play the role of the means of production; When dividing the means of living in the common property, try to meet the professional or professional needs of individuals, so as to give play to the use value of things. The indivisible property shall be owned by one party according to the actual needs and the principle of beneficial use, and the party who gets it shall compensate the other party according to the actual value at the time of divorce according to the principle of fairness;
    4、 The principle that rights shall not be abused. When dividing the joint property of husband and wife after divorce, the property owned by the state, the collective and others shall not be divided as the joint property of husband and wife, and the legitimate interests of others shall not be damaged in the name of dividing the joint property of husband and wife;
    5、 If the property owned by one spouse is consumed, damaged or lost in the common life, the other spouse shall not make compensation. This is a summary of judicial practice experience, which conforms to the requirements of the essence of husband and wife relationship and marriage life, and is conducive to avoiding unnecessary disputes.

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