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As long as you're divorced. Both husband and wife can divide the joint property in half.
The division of divorce property refers to the division of the joint property of the husband and wife at the time of divorce, which refers to the division of the joint property of the husband and wife into their respective personal property in accordance with the law at the time of divorce. Articles 17 to 19 of the current Marriage Law specify that the joint property of the husband and wife is the property acquired during the existence of the relationship between the husband and wife, and stipulates the content of the joint property of the husband and wife in the form of enumeration and generalization. At the time of divorce, if the parties have an agreement on lawful marital property, the agreement shall be followed.
The property unique to one party shall be owned by the party. The joint property of husband and wife shall generally be divided equally, and may not be equal when necessary, and where there is a dispute, the people's court shall make a judgment in accordance with law.
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The property owned by an individual before marriage is personal property before marriage, and after marriage, personal property is not changed or transferred due to changes in marital relations, and new property arising from the personal property of one of the husband and wife during the existence of marriage is jointly owned by husband and wife.
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Now that the new marriage law has removed the provision you said, one party's prenuptial property will not become joint property as a result of marriage.
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Regardless of the length of time the marriage has been married, the pre-marital personal property will not be converted into the joint property of the husband and wife.
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Why did you get married, did you use marriage as a pretext to extort money, or why?
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1. How long does it take to get married, and the divorced woman can get a share of the property.
1. How long does it take to get married, and the divorced woman can get a share of the property, depending on the situation
1) If there is no joint property of the husband and wife in the marriage, the property will not be divided after the divorce;
2) If two people have joint property after marriage, they can divide the property as long as they divorce, but with the consent of the other party.
2. Legal basis: Article 1087 of the Civil Code of the People's Republic of China.
In the event of a divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.
The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.
Article 1091.
In any of the following circumstances, the innocent party has the right to claim damages if the divorce is caused:
a) bigamy; 2) cohabitation with another person;
3) Committing domestic violence;
4) Abuse or abandonment of family members;
5) There are other major faults committed by the person who pretends to be served.
2. How long after divorce can the marriage be registered again.
How soon after a divorce can you re-register your marriage depends on the circumstances:
1. If it is made by the court of second instance, the marriage certificate can be obtained again the next day;
2. If it is not clear whether there are any objections or opinions of the parties in the first instance, it is necessary to wait for 16 days.
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As long as it is the joint property of the husband and wife, the joint property belonging to the husband and wife can be divided regardless of the length of the marriage.
Legal basis: Article 1062 of the Civil Code of the People's Republic of China The following property acquired by husband and wife during the existence of their marital relationship shall be jointly owned by the husband and wife
1) Wages and bonuses;
2) the income from production and operation;
3) income from intellectual property rights;
4) Property obtained by inheritance or donation, except as provided for in item 3 of Article 163 of this Law;
5) Other property that shall be jointly owned.
Husbands and wives have equal rights to dispose of jointly owned property.
Article 1087 of the Civil Code of the People's Republic of China In the event of divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment based on the principle of taking care of the rights and interests of the children and the woman in accordance with the circumstances of the property or the hole.
The rights and interests enjoyed by husbands or suspects and filial wives in the contracting and management of family land shall be protected in accordance with law.
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