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How to deal with property transfer after divorce

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How to deal with property transfer after divorce


        

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  • 2024-06-15 22:00:01

    Disposal method of property transfer after divorce: if the property is found before the division, the party concerned may request that the party concerned be given less or no share of the common property of the husband and wife when the divorce is divided. If it is discovered after divorce, the injured party may submit a petition to the court, claiming to divide the common property again.

    Legal basis

    Article 1092 of the Civil Code of the People's Republic of China [Legal Consequences of One Party's Infringement on the Common Property of Husband and Wife] If one of the spouses conceals, transfers, sells, destroys, or squanders the common property of the husband and wife, or forges the joint debt of the husband and wife in an attempt to occupy the property of the other party, when divorcing and dividing the common property of the husband and wife, the party may receive less or no share. After divorce, if the other party finds that he or she has committed any of the above acts, he or she may file a lawsuit with the people's court to request another division of the husband and wife's common property.

    Article 70 of the Interpretation of the Supreme People's Court on the Application of the Marriage and Family Part of the Civil Code of the People's Republic of China (I), if the husband and wife renege on the issue of property division after divorce by agreement and request to cancel the property division agreement, the people's court shall accept it. After the trial, if the people's court finds no fraud, coercion or other circumstances when concluding the property division agreement, it shall dismiss the litigant's claims according to law.

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