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How to distribute family property after divorce

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How to distribute family property after divorce


        

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  • 2024-06-05 22:00:55

    In principle, the distribution of property at the time of divorce is half of one person's property after marriage. But there are also special circumstances, as follows:
    1. At the time of divorce, the joint property of the husband and wife shall be disposed of 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.
    2. The husband and wife agree in writing that the property acquired during the duration of the marriage relationship shall belong to each other. If one party has paid more obligations for raising children, caring for the elderly, assisting the other party in work, etc., the other party has the right to request compensation from the other party at the time of divorce, and the other party shall make compensation.
    3. In the event of divorce, if one party has difficulties in life, the other party should give appropriate help from his or her personal property such as housing. The specific measures shall be agreed by both parties. If the agreement fails, the people's court shall make a judgment.
    4. At the time of divorce, if one party conceals, transfers, sells, damages the joint property of the husband and wife, or forges debts in an attempt to occupy the other party's property, when dividing the joint property of the husband and wife, the party concealing, transferring, selling, damages the joint property of the husband and wife or forges debts may be given less or no share. After divorce, the other party discovers the above behavior. A lawsuit may be filed in a people's court to request the redistribution of the husband and wife's common property.

    [Legal Basis]

    Article 1091 of the Civil Code states that the faultless party shall have the right to claim damages if divorce is caused by any of the following circumstances:

    (1) Bigamy;

    (2) Cohabitation with others;

    (3) Domestic violence;

    (4) Abuse or abandon family members;

    (5) There are other major faults.

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