Screenshot of the Declaration Order of Joint Property of Husband and Wife issued by the People's Court of Karamay District, Karamay City. Drawings provided by the interviewee
The newly revised Law of the People's Republic of China on the Protection of Women's Rights and Interests came into force on January 1. In just one week, many courts in Xinjiang have issued the Declaration Order on the Joint Property of Husband and Wife, requiring both parties to the divorce proceedings to truthfully declare the joint property of husband and wife.
On January 5, the People's Court of Tianshan District, Urumqi issued the Declaration Order of Joint Property of Husband and Wife to a couple who applied for divorce. The declaration order shows that the declaration content includes not only all the property of the husband and wife during the marriage relationship, but also the joint creditor's rights and debts of the husband and wife; Movable or immovable property purchased before marriage and repaid after marriage.
According to the judge in charge of the case, Mr. Huang has been taking care of the children at home since he got married and had children. He is out of touch with the society, and the couple has differences and feelings are broken. Huang sued Zhang to the Tianshan District Court for a decree to dissolve the marriage and divide the couple's common property, but she did not know the specific income of her husband Zhang.
At the same time of serving the notice of acceptance of the case and the notice of responding to the lawsuit to both parties, the judge in charge also served the Order of Declaration of Joint Property of Husband and Wife, and informed them of the relevant requirements, rights and obligations, and the consequences of failing to declare truthfully.
Chen Hai, President of the Juvenile and Family Trial Division of the Tianshan District Court, introduced that in divorce cases, it is not uncommon for one party to hide the joint property of the husband and wife, which makes it difficult for the court to carry out property investigation smoothly and effectively protect the legitimate rights and interests of the parties.
"Therefore, our court issued the" Declaration Order of Joint Property of Husband and Wife "to the parties of divorce disputes with property division claims, and the parties shall truthfully declare their marital property to the court. If the declaration is not true, they will bear the corresponding legal consequences." Chen Hai said.
On January 3, the People's Court of Karamay District, Karamay City issued the Declaration Order of Joint Property of Husband and Wife to the parties who applied for divorce.
In this case, the plaintiff, Mr. Li, said that he and the defendant, Mr. Liu, had lived apart for a long time during the marriage relationship. Since 2017, Mr. Liu has been using the credit card under Mr. Li's name and failed to repay on time for many times, which affected Mr. Li's credit and forced him to repay the loan. Li thought that the relationship between the two parties was broken and could not be eased, so he sued Liu to the court for a decree to dissolve the marriage relationship between the two parties and divide the joint property of the husband and wife.
On the same day, the Korla Railway Transport Court also issued the Declaration Order of Joint Property of Husband and Wife to both parties of a divorce case. During the marriage relationship between Zhang and Li, Zhang often borrowed money on various online loan platforms and owed huge debts. Li could not bear it. He sued Zhang to the court, asking for divorce and helping to divide the couple's common property. After accepting the case, the Korla Railway Transport Court issued the Declaration Order of Joint Property of Husband and Wife, Declaration Form of Joint Property of Husband and Wife, and Declaration Notice of Joint Property of Husband and Wife to both parties, urging them to truthfully declare their joint property to the court according to law.
Lou Yi, President of the Case Filing Division of Korla Railway Transport Court, introduced that the implementation of the declaration system of marital common property has not only promoted the parties to truthfully report the marital common property, but also changed the trial thinking of marital dispute cases, helping to improve the trial effect of marital dispute cases.
Relevant laws and regulations:
The second paragraph of Article 67 of the Law of the People's Republic of China on the Protection of Women's Rights and Interests stipulates that during the divorce proceedings, both husband and wife shall have the obligation to declare all their common property to the people's court. If one party 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 of the property. (Shiliuyun/Xinjiang Legal Daily reporter Wang Chen, Guo Yuqiang, Zhang Xiu, reporter Wang Ying, Wang Jingli, Liu Huan, Wang Ping)
Read on:
What is the common property of husband and wife? Who owns the personal property before marriage and the income generated after marriage? Who should be awarded the house purchased by parents after marriage?
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