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How to divide the property of divorce in different places

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How to divide the property of divorce in different places


        

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  • 2024-06-25 13:00:58

    According to Article 4 and Article 9 of the Supreme People's Court's Several Specific Opinions on the People's Court's Handling of Divorce Cases on the Division of Property, couples live in two separate places and manage and use the property acquired after marriage separately, which should be the joint property of husband and wife. The joint property of husband and wife should be divided equally in principle. According to the actual needs and sources of property, the specific treatment can also be different. For couples living in two separate places, the property they manage and use respectively when dividing the property is their own property. If there is a big difference in the property distributed, the difference will be compensated by the party who has more property to the other party with the property equivalent to the difference. According to the relevant provisions of the Marriage Law of China, the husband and wife have equal rights to deal with jointly owned property during the duration of the marriage relationship. The joint property of husband and wife refers to the wages, bonuses, production and operation income, intellectual property income, inheritance or gift property (except for the property that is specifically given to the husband or wife) obtained by both parties during the marriage relationship.
    2、 Can property be redistributed after divorce by agreement? Both parties go to the civil affairs department to reach an agreement on divorce. The agreement on property division is the result of consensus reached by the parties on the premise of equality and voluntariness. For any party, this is a free disposal of their property rights. The agreement is legally binding on both parties and should accept the legal consequences of this decision. Interpretation according to the Marriage Law
    (2) According to the provisions of the Law of the People's Republic of China, if both men and women renege on the issue of property division within one year after divorce by agreement, and one party has fraud, coercion and other circumstances when concluding the property division agreement, the other party has the right to request to change or cancel the property division agreement. Therefore, if there are special circumstances such as fraud and coercion stipulated by law, and the party requests for modification or cancellation, the people's court shall support it according to law. If the parties cannot prove that there was fraud, coercion and other circumstances at the time of conclusion of the agreement. The people's court shall reject its claim.

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    2024-06-25 13:00:58

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