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How to deal with unfair distribution of property after divorce

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How to deal with unfair distribution of property after divorce


        

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  • 2024-06-26 08:00:48

    If the distribution of divorce property is unfair, the unfair divorce agreement may be revoked. Judicial Interpretation of China's Marriage Law
    (2) Article 9 of the "The people's court shall accept the application for changing or canceling the property division agreement if the men and women renege on the property division within one year after the divorce by agreement. After the people's court accepts the application, if no fraud, coercion or other circumstances are found in the conclusion of the property division agreement, the litigant's claim shall be rejected according to law". From the Judicial Interpretation of the Marriage Law
    (2) It can be seen from Article 9 that the following two conditions must be met if the unfair divorce agreement is to be revoked:
    1. One party has fraud and coercion, that is, if one party does not have fraud and coercion when dividing the property, the court cannot revoke the property division agreement concluded by both parties. The so-called coercion refers to the threat of the life of the party concerned or their relatives; The so-called fraud refers to those who hide, transfer, sell or destroy the common property of the husband and wife in the form of fraud or deception, or forge debts in the form of fraud in an attempt to occupy the property of the other party, which shall be punished according to the provisions of the Civil Procedure Law; In principle, the innocent party shall be taken care of when dividing the property.
    2. There are also provisions on time, that is, the court will not accept the divorce agreement if it is more than one year after both men and women sign the divorce agreement. This is because the exclusion period of the revocation right is one year, counting from the date when the revocation right holder knows or should know the cause of revocation. It can be seen that if the parties think that the divorce agreement is unfair, especially when the division of the joint property of the husband and wife is unfair, they can apply to the people's court to revoke the divorce agreement only when the above two conditions are met at the same time.

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    2024-06-26 08:00:48

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