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How to Divide Divorce Property

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How to Divide Divorce Property


        

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  • 2024-06-09 21:00:48

    Legally, the division of divorce property is as follows: 1. Common property of both parties 1. In principle, it is equally divided, which can be different according to the actual needs of production and life and the source of property. 2. Both parties can determine the ownership of the common property through consultation. If there is an agreement, it shall be divided according to the agreement. If there is a dispute and the negotiation fails, it can be divided according to the investor, the share of capital contribution, whether the donation is involved, the child ownership judgment, whether the two parties are at fault in the marriage process and other factors.
    3. If one party pays more obligations for raising children, caring for the elderly, assisting the other party in work, the other party shall compensate.
    4. If one party conceals, transfers, sells, damages the joint property of the husband and wife, or forges debts in an attempt to occupy the property of the other party, the joint property of the husband and wife may be divided less or not.
    2、 Personal property of one party
    1. Generally, it should be owned by individuals without division.
    2. If one party's personal property before marriage is naturally damaged, consumed or lost in the joint life after marriage, it shall not be compensated with the joint property of both parties.
    3. If one party has difficulties in living, the other party should give appropriate help from his or her personal property such as housing. The specific measures should be agreed by both parties. If the agreement fails, the people's court should make a judgment.
    Legal basis:
    Article 1087 of the Civil Code of the People's Republic of China
    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. The rights and interests enjoyed by the husband or wife in the household land contractual management shall be protected according to law.
    Article 1088 of the Civil Code of the People's Republic of China
    If one spouse bears more obligations due to raising children, caring for the elderly, assisting the other in work, etc., he or she has the right to request compensation from the other party at the time of divorce, and the other party shall make compensation. The specific measures shall be agreed by both parties; If the agreement fails, the people's court shall make a judgment.
    Article 1092 of the Civil Code of the People's Republic of China
    If one of the spouses conceals, transfers, sells off, damages or squanders the joint property of the husband and wife, or forges the joint debt of the husband and wife in an attempt to occupy the property of the other party, when the joint property of the husband and wife is divided through divorce, the party 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.

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