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How will the divorce property be divided by the court

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How will the divorce property be divided by the court


        

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  • 2024-06-23 15:01:41

    Divorce property is a key issue for both husband and wife when they divorce. In divorce dispute cases, apart from whether they can get divorced and whether they can get custody of their children, the parties concerned most about the division of property during divorce.
    When dealing with divorce disputes, the court basically handles and judges the division of divorce property in the following ways:
    First, if there is a property division agreement between the two parties, the property division shall be subject to the content of the property division agreement. It can be divided equally, or it can be owned by one party, or it can be agreed to give it to children.
    Second, in the absence of a property division agreement, the personal property acquired by both parties before or during marriage shall belong to their own property.
    Third, the joint property of the husband and wife of both parties shall be divided equally in principle, and the rights and interests of the wife and children shall be properly protected. According to the provisions of Article 17 of the Marriage Law, the common property of husband and wife generally refers to the wages, bonuses, production and business income obtained by the husband and wife during the marriage relationship.
    In addition, when one party conceals, transfers, sells, destroys the joint property of the husband and wife, or forges debts in an attempt to occupy the other party's property, when dividing the joint property of the husband and wife, the party who conceals, transfers, sells, destroys the joint property of the husband and wife or forges debts may receive less or no share.
    Article 17 of the Marriage Law of the People's Republic of China
    The following property acquired by husband and wife during the period of marriage shall be jointly owned by the husband and wife:
    (1) Salary and bonus
    (2) Income from production and operation
    (3) Income from intellectual property
    (4) Property derived from inheritance or gift, except as provided in Item 3 of Article 18 of this Law
    (5) Other properties that should be jointly owned.
    Husband and wife have equal rights to dispose of jointly owned property.

    P***

    2024-06-23 15:01:41

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