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According to the Marriage Law of the People's Republic of China:
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 the 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.
Therefore, in the event of a divorce, if one party is in financial difficulty, the other party should provide appropriate assistance from his or her personal property, such as housing. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.
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If you have no income, you have to pay child support.
If the court has already decided.
The judgment should be enforced.
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Legal Analysis: In the event of a divorce, if one party is in financial difficulty, the other party should provide appropriate assistance from his or her personal property such as housing.
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 authority.
The divorce agreement shall clearly state the parties' intention to divorce voluntarily, and the opinions on matters such as child support, property, and debt disposition.
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. Curved fingers.
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.
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One of the spouses is not employed and is able to divide the joint property in the event of a divorce. The joint property of husband and wife includes wages, awards, remuneration for labor services, income from production, operation, investment, inheritance or donation, and income from intellectual property rights.
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The criterion for judging is based on the property owned by two parties, and it is also divided according to the actual situation, if one party has no income, it also has the right to distribute, but the distribution is relatively small.
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The basis is to make a specific judgment based on the amount of joint property of both parties, and then in combination with the circumstances at the time. One party has no income and also has the right to distribute, after all, it is the joint property of the husband and wife.
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The judgment should be based on the proportion of income of two people. People who have no income can actually get a share of the property.
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