Has China recently revised its divorce law on the division of property? 10

The provisions of the Marriage Law and the Supreme People's Court's Several Specific Opinions on the Handling of Property Division Issues in Divorce Cases by the People's Courts (hereinafter referred to as the "Property Division Opinions").

Article 18, paragraph 1, clearly stipulates that the pre-marital property of one party is personal property. To this end, the Supreme People's Court's Interpretation (I) on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China

Article 19 states: "The property owned by one of the spouses as provided for in Article 18 of the Marriage Law shall not be converted into joint property of the husband and wife by virtue of the continuation of the marital relationship." Unless otherwise agreed by the parties.

Since the previous judicial interpretation is in conflict with the new judicial interpretation, the new judicial interpretation shall prevail.

Related: Divorce Property Division Encyclopedia.

There is a saying that if the property belongs to the man before marriage, then the woman will not get a penny after the divorce, but there is another situation: after marriage, if the man agrees, the names of both people can be hung on it, so that the woman can get a part of the property after the divorce.

This kind of stuff is overwhelming these days. Just search and you'll find it!

Tianjin Lawyer Li (Professional Divorce Lawyer):

There was no amendment to the Marriage Law, but only judicial interpretations of some common problems. Lawyers should know that what the client needs is not a pile of legal provisions, but a solution to the problem.

Lawyer Li believes that providing free legal advice is a way for lawyers to give back to the society, and lawyers should handle divorce cases with the goal of closing the case and leaving no hidden dangers.

This is the most up-to-date information on what you want in the encyclopedia of authorities.

1) Statute of limitations and jurisdictional issues.

The premise for applying China's statute of limitations in foreign-related divorce property division cases is that the applicable law is Chinese law, that is, whether Chinese law is applicable. If there is a dispute over the division of property after a foreign-related divorce, as long as the Chinese court has jurisdiction over it, it can file a lawsuit in this regard. When the Chinese court accepts the case, the provisions of Chinese law shall apply to the foreign-related divorce property division case between the parties, and thus the relevant provisions of Chinese law on the statute of limitations.

2) Solution.

The general principle for resolving foreign-related matrimonial property disputes is: "The ownership of immovable property shall be governed by the law of the place where the immovable property is located".

Based on the above provisions, if at the time of divorce, some immovable property is still in other countries or regions, then the court handling the divorce can only deal with the immovable property and movable property located in the court of the place of divorce, and for the immovable property that is not in the court of the place of divorce, the parties can only resolve the dispute over the immovable property in the other place where the immovable property is located.

If the parties cannot settle the immovable property located in China by agreement and need to settle it through court litigation, the parties shall first apply to the Intermediate People's Court where the applicant is located to recognize the validity of the divorce between the parties abroad, and then request the court where the immovable property is located to resolve the property dispute.

2. How to deal with the issue of foreign-related divorce custody.

1) First of all, in foreign-related divorce, the issue of minor child support, due to the large differences between the laws and regulations of China and foreign countries, the key to solving the problem lies in which country's law is applied. According to the provisions of the laws of our country, the law of the place where the marriage was concluded shall apply to the marriage between a citizen of the People's Republic of China and a foreigner, and the law of the place where the court accepting the case shall apply to the divorce. Therefore, if a Chinese court accepts a foreign-related divorce case, the dispute over the custody of the child, such as the ownership of child custody, the payment of child support and the right of parental visitation, shall be handled in accordance with Chinese law.

2) Secondly, according to Chinese law, on the issue of custody in foreign-related divorces, it is stipulated that maintenance shall be governed by the law of the country with the closest connection with the dependent. The law of the State with which the dependent person has the closest connection shall apply to the support of parents and children, the support of husband and wife to each other, and the support of other persons in a relationship of support.

3) Finally, in practice, if a minor child is abroad, it is generally raised by the foreign party, and if it is not the other way around, it is generally raised by the parent who lives with the minor child in China.

The above is the answer to the two questions of how to deal with the issue of property division in foreign-related divorce and how to deal with the issue of custody in foreign-related divorce. Parties to foreign-related divorces should pay special attention, especially when it comes to the division of property and the ownership of child custody. If it is not handled properly, it can be very difficult to recover the property or the custody of the child in the future.

Therefore, it is recommended to directly entrust a lawyer to deal with issues related to foreign-related divorce proceedings.

The above are the relevant provisions on the division of property in divorce in China.

Summary. Hello, the new marriage law on the division of property in divorce is as follows: it is determined that the value-added part of the house purchased by one of the spouses before or after marriage belongs to the personal property of one of the parties.

In the event of a divorce, the increased value of the house will not be divided. For the purpose of one party donating real estate to the other party before marriage or during the existence of the marital relationship, and the ownership has not been transferred, the gift can be revoked. <>

Hello, the new marriage law on the division of divorce property is as follows: it is determined that the value-added part of the house purchased by one of the spouses before marriage or after the marriage belongs to the personal property of one party. In the event of a divorce, the increased value of the house will not be divided.

For the purpose of one party to donate the remaining property of the house to the other party before marriage or during the existence of the marital relationship, and the transfer of ownership has not been transferred, the gift can be revoked. Hall Li <>

Hello, when dividing the property, the property obtained after marriage that is managed and used by the husband and wife separately shall be recognized as the joint property of the husband and wife. The property managed and used separately by each shall be owned by each of them. If there is a huge disparity in the property divided between the two parties, the party who has obtained the excess property shall compensate the other party with the property equivalent to the difference.

Hello, the debts incurred by the husband and wife for living together or for the performance of maintenance and maintenance obligations should be recognized as joint debts of the husband and wife, and should be paid off with the joint property of the husband and wife in the event of divorce. The following debts cannot be recognized as joint debts of the husband and wife, and shall be paid off by one party with personal property: (1) Debts that the husband and wife agree to bear individually, except for the purpose of escaping debts.

2) Without the consent of the other party, one party finances the debts incurred by relatives and friends with whom it has no obligation to support them. (3) One party raises funds to engage in business activities on its own without the consent of the other party, and its income is not used for debts incurred by living together. (4) Other debts that should be borne by the individual.

Clause. 1. In China, in the event of divorce, only the joint property of the husband and wife can be divided, but not the personal property.

Clause. 2. The property acquired by the husband and wife during the existence of the marital relationship shall be the joint property of the husband and wife, including:

1. Salary and bonus;

2. Income from production and operation;

3. Income from intellectual property rights;

4. Property obtained by inheritance or donation, except for property obtained by inheritance or donation, which is expressly agreed to be owned by one party;

Clause. 3. At the time of divorce, if the husband and wife have an agreement on the property acquired during the existence of the marital relationship and the property before the marriage, the agreement shall have legal effect on the defense of both parties.

Clause. 4. In the event of divorce, if the property rights are registered in the name of the child of the person who contributed to the burial, it shall be regarded as a gift to only one of the children, and the real estate shall be recognized as the personal property of one of the spouses.

Clause. 5. At the time of divorce, if one party deliberately conceals, transfers, embezzles, or occupies the joint property of the husband and wife, or maliciously derogates from the joint property of the husband and wife, the property shall be divided in small amounts or not at all at the time of divorce and division.

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.