Fenghua lawyer
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Laishui county lawyer
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Fengnan district lawyer
Divorce has become a very common phenomenon in contemporary times. Once the husband and wife divorce, it will not only lead to family breakdown, but also bring a series of other problems, such as the division of the same property between husband and wife and the support of children. In the case of large family conflicts, how to divide the divorced property will be considered. The following small series will answer this question.
First, the concept of divorce property division
Divorce property division is the division of husband and wife property, which means that the husband and wife property is divided into their own personal property according to law during divorce. Articles 17 to 19 of the current marriage law make it clear that the joint property of husband and wife is acquired during the existence of the relationship between husband and wife, and stipulate the contents of the joint property of husband and wife in an enumerated and summarized way. The law also stipulates that the joint property of husband and wife can be divided by agreement and judgment. At the time of divorce, if both parties have legal marriage property agreement, such agreement shall prevail. The unique property of one party belongs to itself. The property jointly owned by husband and wife should generally be divided equally, or not if necessary. In case of dispute, the people's court shall make a judgment according to law.
Two, the new marriage law on divorce property division of legal provisions
(1) The Marriage Law stipulates that the following property acquired by husband and wife during the marriage relationship shall be jointly owned by husband and wife:
1, salary and bonus;
2. Income from production and operation;
3. Intellectual property income;
4. Inheritance or gift of property;
5. Other property that should be owned by husband and wife;
(two) in any of the following circumstances, it is the property of one of the spouses:
1, one party's premarital property;
2. Medical expenses, living allowance for the disabled and other expenses obtained by one party due to physical injury;
3. Property that belongs only to the husband or wife is determined in the will or gift contract;
4. Daily necessities for one party;
5. Other property that should be owned by one party.
(3) Husband and wife may agree that the property acquired during the marriage relationship and the pre-marital property are owned by themselves, all or part of them, and part of them. Because this agreement is oral, uncertain and prone to disputes, the legal provisions must be in writing.
Third, the husband and wife are not divided or less.
If one party illegally hides or transfers the property of the husband and wife and refuses to hand it over,
Or illegally sold or destroyed, when dividing the property, the party who hides, transfers, sells or destroys the property will be given less or no share. When dealing with it specifically, the property that is hidden, transferred, sold or destroyed shall be regarded as the share of the property that should be shared by the party that hides, transfers, sells or destroys the property, and the share that should be shared by the other party shall be offset by the same property of other couples. If the balance is insufficient, the party that conceals, transfers, sells or damages the property shall compensate the other party at a discount. The people's court may deal with the party who illegally conceals, transfers, sells or damages the joint property of husband and wife in accordance with the Civil Procedure Law of People's Republic of China (PRC).
The marriage law clearly stipulates how to divide the property of husband and wife in the process of divorce, which is essentially how to divide the property of divorce into many points. In real life, there are many cases of divorce by agreement, and an agreement on property division can be signed, which is a peaceful solution. If divorce proceedings are conducted, a request for property division can be made and the court will decide.
Extended reading:
If one party cheats, will it affect the division of marital property?
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