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How to deal with divorce property? What are the provisions of relevant laws

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How to deal with divorce property? What are the provisions of relevant laws


        

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  • 2024-05-28 14:01:39

    The property obtained by the husband and wife during the marriage relationship is the joint property of the husband and wife. At the time of divorce, both parties shall negotiate their own division method. If the consultation fails, the court will decide how to deal with it. The court will make a judgment according to the specific situation of the property and the principle of caring for the rights and interests of children, women and the innocent party.

    Premarital property of one party; Compensation or compensation obtained by one party for personal injury; The property specified in the will or gift contract to belong to only one party; Personal property belonging to one spouse, such as household goods used by one spouse, will not participate in the division at the time of divorce and will still be owned by one spouse.

    If one of the husband and wife conceals, transfers, sells off, damages or squanders their common property, or forges their common debts in an attempt to occupy the other party's property, when the common property of the husband and wife is divided in divorce;

    The party may be given less or no points. 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.

    [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.

    Li***

    2024-05-28 14:01:39

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