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How to divide the divorce property after cheating?

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How to divide the divorce property after cheating?


        

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  • 2024-06-15 22:00:02

    The divorce property of both parties involved in infidelity is generally divided by the husband and wife through a written agreement. If the agreement fails, the personal property will not be divided; The joint property may be brought to the court, which shall make a judgment according to the specific conditions of the property and the principle of taking care of the rights and interests of children, women and the innocent party.

    Legal basis

    Article 1065 of the Civil Code of the People's Republic of China [Agreed property system between husband and wife] Both men and women may agree that the property acquired during the marriage relationship and the pre marital property shall belong to their own ownership, joint ownership, or part of their own ownership, part of their joint ownership. The agreement shall be in writing. In the absence of an agreement or unclear agreement, the provisions of Articles 1062 and 1063 of this Law shall apply.
    The agreement made by the husband and wife on the property acquired during the marriage relationship and the pre marital property shall be legally binding on both parties.
    The husband and wife agree that the property acquired during the marriage relationship shall belong to each other. If the other party is aware of the agreement, the personal property of the husband or wife shall be used to pay off the debts.

    Article 1087 of the Civil Code of the People's Republic of China [Treatment of the joint property of the husband and wife at the time of divorce] 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.

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