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Does Fake Divorce Have Legal Effect on Disposing the Common Property of Husband and Wife

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Does Fake Divorce Have Legal Effect on Disposing the Common Property of Husband and Wife


        

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  • 2024-06-23 22:00:48

    According to the civil affairs department, the phenomenon of fake divorce for debt evasion in recent years is no longer an individual phenomenon according to the law. When couples divorce, in principle, their common property during marriage should be divided equally, while some people divorce, leaving all their property to one party. Many of these people use divorce as a means of fake divorce Marriage Law Article 32 stipulates that "the debts originally incurred by the husband and wife in their common life at the time of divorce shall be repaid with the common property", that is, only the remaining property after the debt is paid off at the time of divorce can be divided and disposed of by the marriage parties. Therefore, the disposal of the husband and wife's common property in a fake divorce is invalid, and the common property should still be used to pay off the debts. Whether the divorce IOU is valid according to the law, The creditor's rights and debt relationships between citizens due to civil acts are protected by law. When one party writes an IOU to the other party, it forms a debt relationship with the other party. When the other party cannot fulfill the debt on schedule, the other party can file a lawsuit to the court according to the IOU. However, if the debt is caused by the property division problem caused by the divorce relationship between the two parties and an agreement is reached privately, Then this agreement originates from the marital relationship and is separated from the marital divorce relationship. If it is not stated in the divorce mediation statement, when one party fails to fulfill the payment commitment, the other party will be difficult to realize its rights. In the end, it is possible for both parties to resume the property litigation after divorce. If both parties reach an agreement on the property division, The division of property should be specifically written in the effective divorce legal documents (such as the divorce agreement of the Civil Affairs Bureau and the mediation statement of the court). When one party fails to perform its obligations, the other party can get legal help and support, Finally realize their own divorce property interests. Can they get their property back after a fake divorce? Most of the fake divorce couples divorce in order to split their property or avoid debts, Some fake divorce couples may pretend to be true. The party who gets more property during the fake divorce may not be willing to remarry. At this time, the party who gets less property will certainly be unwilling

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