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Consultation on family property disputes

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Consultation on family property disputes


        

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  • 2024-06-20 19:00:49

    Family common property refers to the property jointly owned by all or part of the family members in the family. In other words, it refers to the property jointly created and acquired by family members during the existence of the family common life relationship. There are two conditions for a family to have common property: one is the common labor behavior or donation fact; the other is that the family is not only composed of a couple and minor children. Shared property among family members shall be equally divided. The general treatment principles are as follows:
    1. During the existence of the family common life relationship, if someone disposes of the family common property without the consent of other family members' co owners, the disposition shall generally be deemed invalid.
    2. When the family disputes the nature of the family's common property, it is presumed that any property that cannot be proved to be jointly owned by shares is jointly owned, and the family's common property is handled according to the relevant principles of joint ownership.
    3. The family members shall not dispose of the common property until they reach consensus through consultation, otherwise it shall be deemed invalid. If some family members knowingly dispose of the common property and other family members do not raise objections, the act of disposing of the common property of the family shall be deemed to have been acquiesced by other family members.
    Therefore, for family disputes, it is recommended that the whole family negotiate well. If the negotiation fails, the property can be analyzed through court proceedings.
    Article 39 of the Marriage Law of the People's Republic of China
    At the time of divorce, the joint property of the husband and wife shall be disposed of by both parties through agreement; If no agreement is reached, the people's court shall make a judgment on the basis of the specific conditions of the property and the principle of taking care of the rights and interests of children and women.
    The rights and interests enjoyed by the husband or wife in the household land contract management shall be protected according to law.

    Sun***

    2024-06-20 19:00:49

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