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Can parents in law participate in the division of divorce property

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Can parents in law participate in the division of divorce property


        

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  • 2024-06-25 08:00:59

    Family property is jointly owned by the husband and wife, and only the husband and wife have the right to split the property. The parents in law have no right to participate in the split. The interpretation of the Supreme People's Court on several issues concerning the application of the Marriage Law should be applied if divorce by agreement disputes the division of property under 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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