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What are the legal consequences of transferring the joint property of husband and wife

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What are the legal consequences of transferring the joint property of husband and wife


        

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  • 2024-05-21 23:01:25

    The consequence of the transfer of the joint property of the husband and wife is that the party who transfers the property at the time of divorce division of the property can be sentenced to a small or partial share of the property. Because the law stipulates that at the time of divorce, one party conceals, transfers, sells or damages the joint property of the husband and wife; They can be given less or no points.

    [Legal Basis]

    According to Article 47 of the Marriage Law, if one party conceals, transfers, sells or damages the joint property of the husband and wife, or forges debts in an attempt to occupy the other party's property at the time of divorce, when dividing the joint property of the husband and wife, the party who conceals, transfers, sells, damages the joint property of the husband and wife or forges debts may be given less or no share. After divorce, if the other party finds that he or she has committed any of the above acts, he or she may file a lawsuit with the people's court to request another division of the husband and wife's common property. The people's court shall, in accordance with the provisions of the Civil Procedure Law, impose sanctions on acts that impede civil proceedings as prescribed in the preceding paragraph. (The Marriage Law will expire on December 31, 2020).

    According to Article 1092 of the Civil Code, if one of the spouses conceals, transfers, sells, destroys or squanders the joint property of the husband and wife, or forges the joint debt of the husband and wife in an attempt to occupy the property of the other party, when the joint property of the husband and wife is divided through divorce, the party may be given less or no share. After divorce, if the other party finds that he or she has committed any of the above acts, he or she may file a lawsuit with the people's court to request another division of the husband and wife's common property. (The Civil Code will enter into force on January 1, 2021).

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