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How to divide the net value of divorce real estate

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How to divide the net value of divorce real estate


        

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  • 2024-06-26 22:00:49

    In case of divorce by agreement, the two parties can negotiate on the division of property. The law does not interfere with the agreement between the two parties. In principle, if the divorce is filed by litigation, one half of the joint property will not be divided after marriage, and personal property will not be divided. In principle, the gambling behavior of the other party will not affect the division of property. Article 39 of the Marriage Law: 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. The interpretation of the Supreme People's Court on several issues concerning the application of the Marriage Law should be applied if divorce disputes the division of property in the divorce agreement
    (2) (hereinafter referred to as "Judicial Interpretation II") The provisions of Articles 8 and 9 shall not apply to Article 47 of the Marriage Law and the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China
    (1) (hereinafter referred to as "Judicial Interpretation I"). Article 47 of the Marriage Law stipulates that "during divorce, one party conceals, transfers, sells, damages the joint property of the husband and wife or forges debts in an attempt to occupy the property of the other party". The legislative intent of these provisions is that as far as litigation divorce is concerned, Article 31 of Judicial Interpretation 1 stipulates that "in case of Article 47 of the Marriage Law, the limitation of action is two years". However, if one party conceals, transfers or sells the joint property of the husband and wife during the divorce by agreement, the prescription of "two years" should not be applied, but the provisions of Articles 8 and 9 of Judicial Interpretation II should be applied, "The provisions on property division in the divorce agreement or the agreement on property division reached by the parties due to divorce are legally binding on both men and women." And "if both men and women renege on the issue of property division within one year after divorce by agreement, and request to change or revoke the property division agreement, the people's court shall accept it", that is, the limitation of action is "one year".

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