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Divorce before property division


        

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  • 2024-06-23 09:00:48

    It is possible to divide the property after divorce, but it may increase the difficulty of future division.
    In general, when couples divorce, it is recommended to deal with child rearing and property issues at the same time. After all, the two parties generally do not live together after divorce, which means that part of the property will be under the control of one party. If changes occur after divorce, it will be more difficult for the party not controlling the property to obtain evidence and provide evidence. In addition, it is also difficult to find the other party to cooperate after the later division. According to Article 31 of the Marriage Law, "If both men and women divorce voluntarily, divorce is allowed. Both parties must apply to the marriage registration authority for divorce. The marriage registration authority will issue a divorce certificate when it is found that both parties are indeed willing and have properly handled the children and property issues." It can be seen that the property issue is an essential clause in the divorce agreement. Of course, the civil affairs department is only a formal review when conducting divorce registration review. If both husband and wife agree not to reflect the division of property in the divorce agreement, the civil affairs department will not force them to do so. However, in order to avoid further disagreements between the two parties due to property division in the future, it is better to write down the property suggestions that can be clearly agreed in advance. In addition, if the ownership of some houses is not clear, such as the house property certificate can not be handled, then the transfer and other procedures can not be handled. When the two parties can not reach an agreement and divorce through litigation, the court can first make a judgment on whether the marriage is dissolved, and as for property issues, another lawsuit can be filed.
    Article 31 of the Marriage Law of the People's Republic of China
    Divorce shall be granted if both men and women wish to divorce. Both parties must apply for divorce at the marriage registration office. The marriage registration authority shall issue a divorce certificate when it finds out that both parties are indeed willing and have properly dealt with children and property issues.
    Article 39 of the Marriage Law of the People's Republic of China
    At the time of divorce, if the two parties fail to reach an agreement on the disposition of their common property, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of their children and the wife.
    The rights and interests enjoyed by the husband or wife in the household land contract management shall be protected according to law.

    Liu***

    2024-06-23 09:00:48

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