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How do I divide my property if I want to divorce my children

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How do I divide my property if I want to divorce my children


        

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  • 2024-06-22 22:01:44

    The biggest problem after divorce is the division of property. Some couples have signed a property division agreement before divorce, so what is the division of property in divorce and how to divide property with children?
    Divorce property division refers to the division of husband and wife's common property, which refers to the division of husband and wife's common property into their own personal property according to law at the time of divorce. Articles 17 to 19 of the current Marriage Law specify that the joint property of husband and wife is the property acquired during the duration of the husband and wife relationship, and stipulates the content of the joint property of husband and wife in the form of enumeration and generalization. The law also stipulates that the division of the joint property of husband and wife can be divided by agreement and by judgment. At the time of divorce, if both parties have legally agreed on marital property, the agreement shall prevail. The unique property of one party belongs to itself. Generally, the joint property of husband and wife should be divided equally, or unequal when necessary. If there is a dispute, the people's court should make a judgment according to law.
    As for the joint property of husband and wife, the ownership belongs to both husband and wife. Both husband and wife have the right to ask for equal division when they divorce, and the children do not have any impact on this. However, the party with custody of the child can require the other party to pay alimony, which can be directly deducted from the other party's share when dividing the property with the consent of the other party.
    Article 19 of the Marriage Law of the People's Republic of China:
    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.

    l***

    2024-06-22 22:01:44

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