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Will housewives divide their property equally after divorce (do they have to divide their property equally after economic independence)

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Will housewives divide their property equally after divorce (do they have to divide their property equally after economic independence)


        

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  • 2024-06-10 07:00:04

    Not all the property of a married couple should be shared equally after divorce. At the time of divorce, the joint property of the husband and wife shall be disposed of by both parties through agreement; If the agreement fails, the people's court shall make a judgment according to the specific circumstances of the property and the principle of taking care of the rights and interests of children, women and the innocent party. Therefore, if the two parties can reach an agreement in the agreement that the woman will obtain all the property and the man will go out of the house clean, and the agreement also meets the legal requirements, the law will respect the party's autonomy.

    Must Divorce Divide the Property

    not always. Property after marriage may not be divided equally at the time of divorce. At the time of divorce, if both parties have an agreement on marital property, it shall be handled according to the agreement. If there is no agreement and negotiation fails, the court will make a judgment based on the specific situation of the property and the principle of caring for the rights and interests of children, the woman and the innocent party. Generally, the preference for the woman is not more than 10%. At the time of divorce, if one party conceals, transfers, sells, damages the joint property of the husband and wife, or forges debts in an attempt to occupy the other party's property, it may be given less or no share.

    How to divide the property of a married couple after domestic violence divorce

    How to divide a divorce when one party pays for a house after marriage

    When the husband and wife buy a house after marriage, if the property certificate contains two names, it is generally common property, and the principle of average division is adopted in divorce; If only one party's name is written when buying a house after marriage, whether the house belongs to common property or personal property depends on the source of purchase funds.

    1. If the property right of a real estate purchased by the parents of both parties is registered in the name of a child of one party, the real estate can be deemed to be jointly owned by both parties according to their parents' share of capital contribution, unless otherwise agreed by the parties. At this time, the property can be divided according to the proportion of contribution when divorce occurs.

    2. The personal property of one party before marriage does not automatically become the common property because of the marriage of two people. If the property used to buy a house after marriage is all the premarital property of one person, it is still personal property, just changing the form of personal property before marriage. At this time, at the time of divorce, the property belongs to one party and cannot be divided by the other party.

    3. The real estate purchased by one parent wholly for the children, if the property right is registered in the name of one of their children, shall be deemed as a gift to one of their children only, and the real estate shall be recognized as the personal property of the husband and wife. Similarly, in this case, the other party can not be separated in divorce.

    If there is any unclear or new situation, we suggest you directly ask questions online to understand the situation of the communication case. The idle lawyers of the intelligent matching platform will give you detailed and targeted answers, and try to explain the general situation to avoid incorrect answers due to incomplete information and poor communication. I wish success in safeguarding human rights.

    Yes***

    2024-06-10 07:00:04

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