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What principles should the court follow when dividing common property in divorce cases

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What principles should the court follow when dividing common property in divorce cases


        

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  • 2024-05-26 03:01:12

    The principles to be observed by the divorce court when dividing the common property:

    1. The principle of equality between men and women;

    2. The principle of caring for children and women's interests;

    3. The principle of facilitating life;

    4. The principle that rights shall not be abused;

    5. If the property owned by one spouse is consumed, damaged or lost in the common life, the other party will not compensate.

    [Legal Basis]

    Article 1087 of the Civil Code states that at the time of divorce, the joint property of the husband and wife shall be handled 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.

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