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Can the New Marriage Law Divide Property Without Divorce? How Can Divorced Property Be Divided

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Can the New Marriage Law Divide Property Without Divorce? How Can Divorced Property Be Divided


        

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  • 2024-06-26 01:00:01

    Article 4 of the Third Judicial Interpretation of the New Marriage Law, during the duration of the marriage relationship, if one of the husband and wife requests to divide the common property, the people's court will not support it, except for the following major reasons that do not harm the interests of creditors:
    (1) One party conceals, transfers, sells off, damages, squanders the couple's common property or forges the couple's common debt, which seriously damages the couple's common property interests;
    (2) The person of one party who has the statutory obligation to support needs medical treatment due to serious disease, and the other party does not agree to pay the relevant medical expenses. According to the previous marriage law and its judicial interpretation, the purpose of property division is divorce. Without divorce, the husband and wife's property cannot be divided. However, due to the increase of extramarital affairs, some people who have extramarital affairs give their marital property to a desired third party, which seriously harms the interests of one spouse. The new judicial interpretation of the Marriage Law has solved this problem, stipulating that those who have the above behaviors can sue to divide the marital property without divorce.

    Rui***

    2024-06-26 01:00:01

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