How is property distributed after divorce?

Updated on society 2024-03-04
7 answers
  1. Anonymous users2024-02-06

    If the house is registered in the man's name, it is the man's personal property, but the man should compensate the woman, and the puppy can be divided by agreement.

  2. Anonymous users2024-02-05

    Article 39: At the time of divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties; If an agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman.

    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 40: Where husband and wife agree in writing that property acquired during the existence of the marital relationship shall belong to each other, and one party has paid more obligations for raising children, taking care of the elderly, assisting the other party in work, etc., they have the right to request compensation from the other party at the time of divorce, and the other party shall make compensation.

    Article 41: At the time of divorce, debts originally incurred by the husband and wife while living together shall be repaid jointly. If the joint property is insufficient to be repaid, or the property is owned by each other, it shall be repaid by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment.

    Article 42 At the time of divorce, if one party is in difficulty, the other party shall give appropriate assistance from his or her housing and other personal property. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

  3. Anonymous users2024-02-04

    In the case that some spouses buy a car and a house for Xiao S, how to distribute the divorce property of the husband and wife? In such a case, the spouse has every right to claim restitution.

  4. Anonymous users2024-02-03

    You can keep proof of your contribution and ask them to pay it back.

  5. Anonymous users2024-02-02

    How to distribute the property of the husband and wife in divorce.

  6. Anonymous users2024-02-01

    If there is an agreement on the distribution of property after divorce, it shall be handled in accordance with the agreement, and if there is no agreement, the court shall make a judgment. The joint property of the parties shall be disposed of by agreement between the parties; 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. Property gifted or inherited during the marriage that is not expressly expressed to be owned by the individual shall be the joint property of the parties.

    The law stipulates that a man and a woman may agree that property acquired during the marriage and property acquired before marriage shall be owned separately or jointly or partly separately and partly jointly.

    [Legal basis].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 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.

  7. Anonymous users2024-01-31

    Legal analysis: The distribution of inherited property in divorce is as follows: The law stipulates that the inherited or donated property obtained by both parties during the existence of the marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife.

    However, unless there is a clear indication that it is owned by one of the parties, if it is expressly stated that it is owned by one party, it belongs to the personal property of one party and cannot be divided in the event of divorce. Legal basis: Article 1123 of the Civil Code of the People's Republic of China After the commencement of inheritance, it shall be handled in accordance with the statutory inheritance; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.

    Article 1127 Inheritance shall be in the following order: (1) first order: spouse, children, parents; (2) Second order:

    Siblings, grandparents, maternal grandparents. After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not inherit; If there is no first-order heir, the second-order heir shall inherit. For the purposes of this Part, the term "children" includes legitimate children, children born out of wedlock, adopted children and dependent stepchildren.

    For the purposes of this Part, the term "parents" includes biological parents, adoptive parents and step-parents in a dependent relationship. The term "siblings" as used in this Part includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

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