How to divide the land after divorce?

Tianshan.com - Xinjiang Legal Daily reporter Zhang Xiu Correspondent Feng Jianyun Li Huanhuan

After the divorce of husband and wife, who should plant the contracted land? Recently, the People's Court of Emin County handled such a case.

Li Moumou (female) and Zhang Moumou (male) used to be a loving couple and gave birth to their son Xiao Zhang after marriage.

In 2016, the two divorced due to emotional breakdown. At the time of divorce, the two parties agreed that the house property in their family would be owned by their son, Xiao Zhang, and the 300 mu land contracted by them would be planted by Zhang, Li and Xiao Zhang in turn.

In December 2017, Xiao Zhang died of illness. Since then, the relationship between Li and Zhang has deteriorated. Since 2019, Mr. Zhang has not allowed Mr. Li to cultivate contracted land.

After many unsuccessful negotiations between the two people, in June this year, Li sued Zhang to the People's Court of Emin County, asking Zhang to return the land.

The court found out that the two people had jointly contracted 300 mu of land and shared 10 mu of food rations. However, when the two divorced, they only dealt with the contracted land, and the agreement on rations was unclear. Since then, 10 mu of grain ration land has been planted by Zhang.

"When we divorced, we agreed to give the house property to our son, but now our son has lost. She has always lived in the house. If the land is also given to her, I will lose a lot." Zhang Moumou wants to recover the house through land.

After understanding the context of the matter, the judge in charge explained the law to both parties: Article 334 of the Civil Code of the People's Republic of China stipulates that the holder of the right to land contractual management has the right to exchange and transfer the right to land contractual management in accordance with the law. Without legal approval, the contracted land shall not be used for non-agricultural construction.

In this case, the disputed housing division and land management right of Mr. Li and Mr. Zhang should not be confused.

Finally, after the judge interpreted the law and reasoned, both parties voluntarily reached an agreement: Zhang Moumou would return the grain ration land of the plaintiff Li Moumou before November 2023, and pay the plaintiff a contract fee of 10000 yuan from 2019 to 2023.

　　 Extended Reading

Article 6 of the Law of the People's Republic of China on Rural Land Contracting clearly stipulates that women and men enjoy equal rights in rural land contracting. In contracting, women's legitimate rights and interests shall be protected. No organization or individual may deprive or infringe upon women's right to land contractual management.