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How to divide the property after two days of marriage

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How to divide the property after two days of marriage


        

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  • 2024-06-25 05:00:59

    (1) The joint property of husband and wife should be divided equally in general. In other words, the common property of husband and wife is divided equally in principle; According to the actual needs of production and life and the source of property, the specific treatment can also be different. Articles belonging to personal use generally belong to individuals.
    (2) The common property managed and used by the husband and wife separately in two places shall be owned by the management and user respectively at the time of division; For the difference between the two parties, the party with more property shall compensate the other party with the property equivalent to the difference.
    (3) If the marriage has been registered but has not yet lived together, and the betrothal gifts are paid according to customs, or if the payment before marriage causes difficulties for the giver, the other party may be asked to return the betrothal gifts at the time of divorce.
    (4) If one party engages in business partnership with others with the joint property of husband and wife, the property entered into the partnership may be owned by one party, and the party who gets the property shall compensate the other party with half of the value of the property entered into the partnership.
    (5) The farming and planting industries that are not profitable in the current year and that are jointly operated by the husband and wife should be reasonably divided or discounted in consideration of being conducive to the development of production and operation and management at the time of divorce.
    (6) Both parties have repaired, decorated, demolished and built the house owned by one party before marriage, and the property right has not been changed at the time of divorce. The share of the increased part that belongs to the other party shall be compensated by the owner of the house at a discount to the other party.
    (7) When getting divorced, if the marriage time is not long, or the other party's life is difficult because of asking for property. It can be returned as appropriate. If it is difficult to determine whether the property obtained is a claim or a gift, it can be treated as a gift.
    (8) The houses jointly owned by husband and wife that are not suitable for split use shall be distributed to one party according to the housing conditions of both parties and the principles of caring for and raising children or the innocent party. The party who gets the house shall compensate the other party with half of the value of the house. If both parties have the same conditions, the woman shall be taken care of.
    (9) If at the time of divorce, one party's intellectual property rights have not yet obtained economic benefits, the other party shall be given appropriate care according to the specific circumstances when dividing the husband and wife's common property.
    (10) If the personal property before marriage is naturally damaged, consumed or lost in the joint life after marriage, and one party requests to use the joint property of the husband and wife for compensation at the time of divorce, it shall not be supported.
    Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China
    (3) 《
    Article 4 The people's court shall not support the request of one of the husband and wife to divide the common property during the duration of the marriage relationship, 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.
    Article 5 The income generated from the personal property of one spouse after marriage, except for the fruits and natural appreciation, shall be recognized as the joint property of the husband and wife.
    Article 6 If, before marriage or during the existence of the marriage relationship, the parties agree to donate the building property owned by one party to the other party, the donor cancels the donation before the registration of the change of the donated building property, and the other party requests a decree to continue performance, the people's court may deal with it in accordance with the provisions of Article 186 of the Contract Law (The donor may revoke the donation before the transfer of rights to the donated property).
    Article 7 After marriage, if the property right of a real estate purchased by one parent for the child is registered in the name of the child of the contributor, it can be used according to Article 18 of the Marriage Law
    (3) The provision of item (1) shall be regarded as a gift to one of his children only, and the real estate shall be recognized as the personal property of the husband and wife.
    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.
    Article 10 If one of the husband and wife signed a real estate sales contract before marriage, paid the down payment with their personal property and borrowed money from the bank, and used their joint property to repay the loan after marriage, and the real estate was registered in the name of the down payment payer, the real estate shall be disposed of by both parties through agreement at the time of divorce.
    If no agreement can be reached in accordance with the provisions of the preceding paragraph, the people's court may decide that the real estate belongs to the property right registration party, and the outstanding loans are personal debts of the property right registration party. The amount paid by both parties after marriage and the corresponding property appreciation shall be compensated by one party of property right registration to the other party according to the principle specified in the first paragraph of Article 39 of the Marriage Law at the time of divorce.
    Article 12 During the continuance of the marriage relationship, the two parties use the joint property of the husband and wife to purchase the house participating in the housing reform in the name of one parent, and the property right is registered in the name of one parent. At the time of divorce, if the other party claims to divide the house according to the joint property of the husband and wife, the people's court shall not support it. The capital contribution at the time of purchasing the house may be treated as a creditor's right.
    Article 14 If the parties reach an agreement on the division of property on the condition of registering a divorce or reaching an agreement on divorce in the people's court, and if the two parties fail to reach an agreement on divorce, and one party reneges in the divorce proceedings, the people's court shall determine that the agreement on the division of property has not taken effect, and divide the joint property of the husband and wife according to the actual situation according to law.
    Article 16 Where a husband and wife enter into a loan agreement to lend their common property to one party for personal business activities or other personal affairs, it shall be deemed that both parties have agreed to dispose of their common property, which may be handled in accordance with the loan agreement at the time of divorce.
    Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China
    (2) 《
    Article 15 When the husband and wife divide the stocks, bonds, investment fund shares and other securities in the common property as well as the shares of unlisted joint stock limited companies, if they fail to reach an agreement through consultation or have difficulties in distributing them at the market price, the people's court may distribute them proportionally according to the quantity.

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    2024-06-25 05:00:59

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