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How to divide divorce property

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How to divide divorce property


        

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  • 2024-06-06 00:00:01

    After divorce, the joint property of husband and wife can be divided according to the following principles:

    (1) Both parties negotiate and decide. The division of property between husband and wife at the time of divorce shall be carried out by both parties on the principle of consensus, not by one party.

    (2) Gender equality. Women should not be discriminated against. Women who earn less should be given less. When divorcing and dividing the common property of husband and wife, women's rights should be respected and protected.

    (3) Take care of children and women's rights. If no agreement can be reached through consultation, the people's court shall make a judgment based on the specific conditions of the property and in the principle of taking care of the rights and interests of children and women.

    (4) The principle of compensation. If one party has paid more obligations for raising children, caring for the elderly, assisting the other party in work, etc., it has the right to request compensation from the other party at the time of divorce, and the other party shall make compensation.

    (5) The principle of caring for the innocent party.

    [Legal Basis]

    Article 1087 of the Civil Code states that at the time of divorce, the joint property of the husband and wife shall be handled by both parties through agreement; If the agreement fails, the people's court shall make a judgment according to the specific circumstances of the property and the principle of taking care of the rights and interests of children, women and the innocent party.

    The rights and interests enjoyed by the husband or wife in the household land contractual management shall be protected according to law.

    One***

    2024-06-06 00:00:01

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