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Property division after divorce

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Property division after divorce


        

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  • 2024-06-23 04:00:49

    [Legal Opinion]
    If it is the common property of the married couple, in principle, it can be shared equally and the debts can be shared. Unless otherwise agreed by both parties in writing or there are other legal divisions. As for the joint property of husband and wife that was not divided at the time of divorce, both parties have the right to claim for division after divorce. When claiming for division, they should file a separate case, and the court will hear the undivided property. Of course, if both parties reach an agreement on the division of property, they can also negotiate the division by themselves.
    [Legal Basis]
    1. Article 18 of the Marriage Law, after divorce, if one party files a lawsuit to the people's court for division on the ground that there is still joint property of the husband and wife that has not been disposed of, the people's court shall divide the property according to law after examining that it is really joint property of the husband and wife not involved at the time of divorce.
    2. Article 8 of the Marriage Law, 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. The people's court shall accept a lawsuit brought by a party due to a dispute over the performance of the above property division agreement.

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