In the case of non divorce, it is not possible to request the division of the joint property of the

Hello, yes. In the case of non-divorce, that is, during the existence of the marital relationship, the husband and wife may agree to stipulate the joint property of the husband and wife. At the same time, it can also include partial ownership of personal property before marriage, and full ownership.

The agreement shall be in writing, and if there is no agreement or the agreement is unclear, the provisions on property ownership provided for in the law shall apply.

Legal basis: Article 19 of the Marriage Law provides that husband and wife 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 unclear, the provisions of articles 17 and 18 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 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 third party, the debts shall be paid off with the property owned by the husband or the wife.

Article 17 of the Marriage Law The following property acquired by husband and wife during the existence of the 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 paragraph 3 of Article 18 of this Law;

5) Other property that shall be jointly owned.

Husbands and wives have equal rights to dispose of jointly owned property.

Article 18: In any of the following circumstances, it is the property of one of the husband and wife:

1) the pre-marital property of one of the parties;

2) Medical expenses, living allowances for the disabled, and other expenses received by one party as a result of bodily injury;

3) Property that is determined in the will or gift contract to belong to only one of the husband or wife;

4) Daily necessities for the exclusive use of one side;

5) Other property that shall belong to one side.

In general, no.

No, unless one party or family needs money and the other party does not pay.

Legal Analysis: It is not possible to request the division of property, except for the following serious reasons and does not harm the interests of the person:

1. One party has acts that seriously harm the interests of the joint property of the husband and wife, such as concealing, transferring, selling, destroying, or squandering the joint property of the husband and wife, or forging the joint property of the husband and wife.

2. Where a person with a legal obligation to support one party suffers from a serious illness and needs medical treatment, and the other party does not agree to pay the relevant medical expenses.

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

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 divorce proceedings, 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.

Article 1087:In the event of 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.

Legal analysis: In the case of non-divorce, it is generally not possible to request the division of the joint property of the husband and wife, except for the following major reasons that do not harm the interests of the creditor: (1) one party has concealed, transferred, sold, damaged, or squandered the joint property of the husband and wife, or forged the joint debts of the husband and wife, and other acts that seriously harm the interests of the joint property of the husband and wife.

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

Article 1092:Where one of the husband and wife conceals, transfers, sells, destroys, or squanders the joint property of the husband and wife, or falsifies the joint debts of the husband and wife in an attempt to encroach on the property of the other party, when dividing the joint property of the husband and wife in divorce, the other party may receive a small share or no share. After the divorce, if the other party discovers that he or she has committed any of the above-mentioned acts, he or she may file a lawsuit with the people's court to request that the joint property of the husband and wife be divided again.

Methods of requesting the division of the joint property of the husband and wife without divorce: If the parties want to request the division of the joint property of the husband and wife during the marriage, they may file a lawsuit with the court. As long as the parties can prove that one party has hidden, transferred, sold, damaged or squandered the joint property of the husband and wife, and the malpractice has seriously harmed the interests of the joint property of the husband and wife, and the court finds that the situation is true after investigation, the property of the husband and wife may be divided within the marriage.

Otherwise, under normal circumstances, the court will dismiss the party's lawsuit for the division of property within the marriage.

Legal basis] Article 1066 of the Civil Code.

In any of the following circumstances during the period of the existence of the marital relationship, one of the husband and wife may request the people's court to divide the joint property:

1) One party has conduct that seriously harms the interests of the joint property of the husband and wife, such as concealing, transferring, selling, destroying, or squandering the joint property of the husband and wife, or forging the joint debts of the husband and wife;

2) A person with a legal obligation to support one party suffers from a serious illness and needs medical treatment, and the other party does not agree to pay the relevant medical expenses.