Can my ex husband and I write a divorce property division agreement in a state of divorce?

You and your ex-husband write a divorce property division agreement in a state of divorce, and your ex-husband must agree to negotiate together, otherwise it can't, generally the division of divorce property should be determined by the court before or at the time of divorce, and it is difficult to say after divorce, and in the state of divorce, it will be considered that the property is divided or given up.

If you are already divorced, it is too late to write a divorce property division agreement. If two people have not yet gone through the divorce procedures, they can write a property division agreement. Before going through the formalities, we must strive for the best interests for ourselves, and we must say what we should say, and regret it in the future.

Yes, as long as you both agree, because it's okay to get divorced yet. As long as the other person feels fair.

If you are in the process of divorcing, you can choose to divide the property if both parties agree, and even if you don't agree, you can go through the legal process. If it is divorced, it is useless and is no longer protected by the law.

According to Article 9 of the Supreme People's Court's "Interpretation of Several Issues Concerning the Adaptation of the People's Republic of China", if a man and a woman repent on the division of property within one year after the divorce by mutual agreement, and request modification or revocation, the people's court shall accept the provisions.

If you get divorced, of course, you can divide the property within one year.

This can be divorced by mutual agreement, including property division and child issues.

The ex-husband who buys the house after the divorce is negotiated does not have the right to divide it because of the completion of the divorce registration or divorce decree. When mediation takes effect, the marriage is dissolved. The property after the divorce belongs to the personal property of one party, so the house bought after the divorce by agreement is personal property, and the ex-husband has no right to divide it.

Refuting rumors] Does property for divorce by agreement have to be notarized? Truth: Not Analysis:

The property of the divorce by agreement does not need to be notarized, as long as the effective conditions stipulated by the law are met, the divorce by agreement is valid, and whether it is notarized or not does not affect the validity of the agreement. After the husband and wife have gone through the formalities for registration for divorce, they shall handle the property and the custody of the children in accordance with the contents of the agreement. How is property distributed after an agreed divorce?

In general, the joint property of the husband and wife shall be divided equally, and the personal property of the husband and wife shall belong to the individual. 2. The debts that exist in the marriage of husband and wife are generally equally distributed. 3. Property that is not suitable for separation, such as houses, may be acquired by one party, and the other party shall be compensated by the party that has acquired the ownership at a discount.

Fourth, the party who raises the children, supports the elderly, or has obvious difficulties in life after the divorce, may be appropriately given more points. 5. Where personal property before marriage is naturally damaged, consumed, or lost in common life after marriage, and one party requests compensation with the joint property of the husband and wife at the time of divorce, it is not supported. Article 1080 of the Civil Code of the People's Republic of China.

Legal Analysis: The pre-divorce property division agreement is valid. The clauses in the divorce agreement on the division of property or the agreement reached by the parties on the division of property as a result of the divorce are legally binding on both the man and the woman.

Where a dispute arises between the parties arising from the performance of the above-mentioned property division agreement, the people's court shall accept it.

Legal basis: Civil Code of the People's Republic of China

Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates a divorce lawsuit, the divorce shall be granted.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

The agreement on the division of property before the divorce is valid.

Legal basis

Article 1065 of the Civil Code stipulates that a man and a woman may agree that the property acquired during the marriage relationship and the property before the marriage shall be owned separately or jointly or partly separately and partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is not clear, the provisions of articles 1062 and 1063 of this Law apply.

The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is legally binding on both parties. If the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the counterpart, the personal property of the husband or wife shall be repaid.

The property division agreement signed before the divorce is valid if it complies with the relevant laws and regulations. According to Article 43 of the Marriage Law of the People's Republic of China, husband and wife may negotiate a lump sum compensation on their own, or reach an agreement at the time of divorce to divide the property.

The following conditions need to be met for the property division agreement signed before the divorce:

1.Voluntariness of the agreement: The agreement needs to be signed voluntarily by the husband and wife, and there can be coercion or inequality between the two parties.

2.Legitimacy of the agreement: The agreement needs to comply with the law and must not violate the law and the public interest.

3.Fairness of the agreement: The agreement needs to be fair, reasonable and equal, and must not favor one party or damage the legitimate rights and interests of the other party.

The divorce agreement is a legal document jointly signed and sealed by both parties and the divorce office of the Civil Affairs Bureau, and is of course valid.