If there is no division of property at the time of divorce, can I appeal after 5 years?

Updated on society 2024-04-20
7 answers
  1. Anonymous users2024-02-08

    1. It cannot be divided again;

    2. Specific legal provisions may refer to the Interpretation (2) of China's Marriage Law: Article 9: Where a man and a woman repent on the issue of property division within one year of divorce by mutual agreement, and request to modify or revoke the property division agreement, the people's court shall accept it.

    Where, after trial, the people's court does not discover that there was fraud or coercion at the time of entering into the property division agreement, it shall reject the parties' litigation claims in accordance with law.

  2. Anonymous users2024-02-07

    You can apply, but the court will not uphold your request. Because although the property was not divided at the time of divorce, you know the existence of the property, so the 2-year statute of limitations should apply, so if you apply for division after 5 years, the statute of limitations will be exceeded, and the court will not support your request. If an agreement has been reached on the division of property at the time of divorce by mutual agreement, and the court repents of it, it should be sued within 1 year, and the court will not support the request after 1 year.

  3. Anonymous users2024-02-06

    According to the law, after a divorce, if one party discovers that the other party has hidden, transferred, sold, or damaged the joint property of the husband and wife or forged debts, he or she may file a lawsuit with the court to request that the joint property of the husband and wife be divided again. The statute of limitations is 2 years, starting from the day after the discovery of the parties.

    Depending on your situation, you have been divorced by mutual agreement for 5 years, which is beyond the statute of limitations of 2 years prescribed by law, so you can no longer sue for a redivision of property.

  4. Anonymous users2024-02-05

    This is a distinction between different situations, if there is a property registered in the names of both parties that has not been divided, even after five or ten years, you can sue at any time.

  5. Anonymous users2024-02-04

    Legal analysis: The issue of "whether property division can be sued after 6 years of divorce" needs to be judged according to the actual case situation, and if the property that has not been distributed is not known at the time, such as one party conceals or transfers the joint property of the husband and wife before the divorce, he can apply for redistribution, but the property that has been distributed is no longer processed, and the statute of limitations has expired.

    Legal basis: "Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China" Article 382:Where parties apply for a retrial on the issue of division of property in a divorce case, if it involves property that has been divided in the judgment, the people's court shall conduct a review in accordance with article 200 of the Civil Procedure Law, and where the requirements for retrial are met, a retrial shall be ruled; If it involves the joint property of the husband and wife that has not been disposed of in the judgment, the parties shall be informed to file a separate lawsuit.

    Civil Code of the People's Republic of China Article 1092 Where one of the husband and wife conceals, confiscates, 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 the joint property of the husband and wife is divided in divorce, the other party may receive a small 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.

  6. Anonymous users2024-02-03

    Legal analysis: The issue of "whether the property division can be sued after 6 years of divorce" needs to be judged according to the actual case situation, if the property that has not been distributed is not known at the time, such as one party conceals or transfers the joint property of the husband and wife before the divorce, he or she can apply for redistribution within three years from the date of discovery that the joint property of the husband and wife has been infringed, but the property that has been distributed will no longer be disposed of, and the statute of limitations has been carefully passed.

    Legal basis: Article 1092 of the Civil Code of the People's Republic of China provides that if 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 be divided less or no share. After the divorce, if the other party discovers 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.

  7. Anonymous users2024-02-02

    If you sue for property issues, the court will accept it, and China's marriage law has relevant provisions, and you can re-sue for property division.

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