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How to divide the divorce property of unmarried children

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How to divide the divorce property of unmarried children


        

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  • 2024-06-22 18:00:03

    In modern society, there are more and more unmarried cohabitation phenomena, among which the situation of unmarried children is not rare. Therefore, there are more and more disputes. How to deal with the property of unmarried children, that is, how to divide the property
    First of all, we need to distinguish which properties need to be divided and which properties cannot be divided. If there is an agreement on property between the two parties, it may be handled in accordance with the agreement. If there is no agreement, both parties can discuss the specific handling method. During the period of unmarried cohabitation, the income and property purchased by both parties are generally treated as joint property. Before cohabitation, the property voluntarily presented by one party can be dealt with according to the donation relationship and the property claimed by the other party can be dealt with according to the relevant regulations. "The property acquired through marriage relationship can be refunded as appropriate if the marriage time is not long or the other party's life is difficult due to the property claimed." The creditor's rights and debts formed during cohabitation for the purpose of joint production and life can be dealt with according to the joint creditor's rights Debt treatment.
    Several Opinions of the Supreme People's Court on the People's Court's Trial of Cases of Living Together in the Name of Husband and Wife without Marriage Registration
    8. When the people's court tries the case of illegal cohabitation, if it involves the custody of children born out of wedlock and the division of property, it should solve it at the same time. When dividing the property, the interests of women and children shall be taken into consideration, and the actual situation of the property and the fault degree of both parties shall be taken into consideration to properly divide the property.
    Several Opinions of the Supreme People's Court on the People's Court's Trial of Cases of Living Together in the Name of Husband and Wife without Marriage Registration
    10. When the illegal cohabitation relationship is terminated, the income and property purchased by both parties during the cohabitation life shall be treated as common property. Before cohabitation, the property that one party voluntarily gives to the other party can be dealt with according to the gift relationship, and the property that one party claims from the other party can be dealt with according to the spirit specified in Article (18) of the Supreme People's Court's Opinions on Several Issues Concerning the Implementation of Civil Policies and Laws ([84] FBZ No. 112).

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