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How to distribute divorce property


        

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  • 2024-06-15 11:01:49

    Divorced property can first be divided through the divorce agreement reached by both parties. If the agreement is not reached, the divorce proceedings will be decided by the court according to the specific situation of the property and the principle of caring for the rights and interests of children, the wife and the innocent party. In case of divorce due to bigamy, cohabitation with others, domestic violence, maltreatment and abandonment and other major faults, the innocent party has the right to claim damages.

    Legal basis

    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.

    Article 1088 of the Civil Code of the People's Republic of China [Divorce economic compensation] If one of the husband and wife bears more obligations due to raising children, caring for the elderly, assisting the other party in work, etc., they have the right to request compensation from the other party at the time of divorce, and the other party shall provide compensation. The specific measures shall be agreed by both parties; If the agreement fails, the people's court shall make a judgment.
    Therefore, in divorce, if one party bears more obligations in raising children, caring for the elderly, assisting the other party in work, etc., it can ask the other party to give compensation, which can be supported by the court.

    Liu***

    2024-06-15 11:01:49

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