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Can Divorce Divide Debts

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Can Divorce Divide Debts


        

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  • 2024-06-23 14:00:49

    After divorce, both parties often ask for property division for various reasons. This kind of case is a property dispute after divorce. Property problems after divorce can be divided into the following situations due to different reasons for property division:
    1、 If the two parties renege after divorce by agreement, because the Civil Affairs Bureau of divorce by agreement only conducts formal review rather than substantive review, it only reflects the will of the parties, and the content of property division of divorce by agreement has not been recognized by the public rights of the state. If one party has objections or reneges, it still has the right to sue and can sue in the court.
    2、 The property that should be divided but not correctly divided at the time of divorce shall be divided again.
    Article 47 of the Marriage Law: When divorcing, if one party conceals, transfers, sells or damages the joint property of the husband and wife, or forges debts to attempt to occupy the other party's property, when dividing the joint property of the husband and wife, the party who conceals, transfers, sells or damages the joint property of the husband and wife or forges debts may be given 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.
    In this case, Article 31 of Judicial Interpretation I of the Marriage Law applies to the limitation of action: the parties shall file a lawsuit to the people's court in accordance with the provisions of Article 47 of the Marriage Law, and the limitation of action for requesting another division of the joint property of the husband and wife shall be two years, counting from the day after the party discovers it.
    3、 For property not divided at the time of divorce.
    Article 18 of the Third Judicial Interpretation of the Marriage Law: After divorce, if one party files a lawsuit to the people's court for division on the ground that there is still joint property of husband and wife that has not been disposed of, the people's court shall divide the property according to law if it is verified that the property belongs to the joint property of husband and wife that was not involved at the time of divorce.
    Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (II) Article 9
    The people's court shall accept a case where the man and the woman, within one year after the divorce by agreement, renege on the property division and request to change or cancel the property division agreement.
    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.
    Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (I) Article 31
    In accordance with the provisions of Article 47 of the Marriage Law, the parties shall bring a lawsuit to the people's court, and the limitation of action for requesting the re division of the joint property of the husband and wife shall be two years, counting from the day after the party discovers it.

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