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How to divide marital property halfway

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How to divide marital property halfway


        

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  • 2024-06-25 10:01:49

    Halfway marital property division is the same as normal marital property division.
    According to the provisions of the current Marriage Law of China, the marital property is the common property system without special agreement, that is, the wage income from the marriage registration is the common property of the husband and wife. The property divided by husband and wife at the time of divorce is the joint property of husband and wife. As for the property before marriage, it belongs to personal property and does not participate in the division of property at the time of divorce.
    Article 26 of the Inheritance Law: Unless otherwise agreed, if the inheritance is divided, half of the jointly owned property obtained by the husband and wife during the marriage relationship shall be divided into the spouse's property first, and the rest shall be the inheritance of the decedent.
    Article 19 of the Marriage Law
    The husband and wife may agree that the property acquired during the marriage relationship and the premarital property shall belong to their own ownership, joint ownership, or part of their own ownership, part of their joint ownership. The agreement shall be in writing. In the absence of an agreement or unclear agreement, the provisions of Articles 17 and 18 of this Law shall apply.
    The agreement between husband and wife on the property acquired during the period of marriage and the property before marriage shall be binding on both parties. If the husband and wife agree that the property acquired during the marriage relationship shall belong to each other, and the debts of the husband or wife to the outside world are known to the third party, the property owned by the husband or wife shall be used to pay off.

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