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In the event of a divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; 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.
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.
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It seems that there is a relevant notarization, if it is accurate, you can find a lawyer to help you confirm it through the legal partner, so that it is more accurate.
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Yes, as long as there is a signature of the person who has the evidence, the effective date, it is a reasonable divorce agreement.
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After divorce, the property is owned by the individual, provided that the property is the property of the spouse individually. If the property is the joint property of the husband and wife, it shall be divided by agreement between the parties at the time of divorce, and if no agreement is reached, the people's court shall make a judgment in accordance with the principle of taking care of the rights and interests of the children, the woman and the innocent party according to the specific circumstances of the property.
1. How is the divorce property divided when the salary income is calculated together?
If the husband and wife have not agreed on the ownership of their respective property after marriage, then the salary income shall be recognized as the joint property of the husband and wife, and if the parties agree to divide it at the time of divorce, and if the agreement fails, the people's court shall make a judgment according to 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. If there is such an agreement between the parties, then the salary income belongs to the personal property of the husband and wife, and it will not be divided according to law in the event of divorce, but will still belong to the individual.
2. Is P2P property divided in divorce?
P2P property divorce does not necessarily have to be divided, if the property belongs to the joint property of the husband and wife, it will be divided at the time of divorce, if it is only the personal property of one party, it will be owned by the individual according to the law and will not be divided. The division of the joint property of the husband and wife may be divided by mutual agreement; If the agreement fails, a lawsuit may be filed with the people's court for division.
According to Article 1087 of the Civil Code of the People's Republic of China, which came into effect in 2021, in the event of divorce, the joint property of the husband and wife 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.
The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.
3. How to distribute the demolition of the house after the divorce of the parents.
Distribution of compensation for house demolition and relocation of parents divorced and divorced:
1. If the house belongs to the personal property of one party, the compensation for demolition and relocation shall belong to the individual and shall not participate in the division;
2. If it is the joint property of the husband and wife, the compensation for house demolition at the time of divorce shall be agreed by both parties;
3. If an agreement is not reached, the people's court shall 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.
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.
Article 1088 of the Civil Code of the People's Republic of China.
If one of the spouses bears more obligations due to raising children, taking care of the elderly, assisting the other party in work, etc., he or she has the right to request compensation from the other party at the time of divorce, and the other party shall give compensation. 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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The property acquired during the divorce is jointly owned by the husband and wife. According to the relevant laws and regulations, if a man and a woman file for divorce, the marriage relationship between the two parties is still legal and valid without a judgment of the people's court in accordance with law, so the property acquired during the litigation period shall be recognized as the joint property of the husband and wife.
[Legal basis].Article 1062 of the Civil Code of the People's Republic of China.
The following property acquired by the husband and wife during the marriage relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife:
1) Wages, bonuses, and remuneration for labor services;
2) Income from production, operation and investment;
3) the income of intellectual property rights;
4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law;
5) Other property that shall be jointly owned.
Husband and wife have equal rights to dispose of joint property.
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Legal analysis: Premarital property, that is, personal property before marriage, refers to the property acquired by one of the spouses before marriage. If there is no agreement in the special Sui Wu Chong farewell orange calendar, the premarital property will not be divided as the joint property of the husband and wife in the divorce. After divorce, it is naturally only owned by the individual.
Legal basis: Article 1063 of the Civil Code of the People's Republic of China The following property is the personal property of one of the husband and wife:
1) the pre-marital property of one of the parties;
2) Compensation or compensation received by one party for personal injury;
3) Property that is determined in a will or gift contract to belong to only one party;
4) Daily necessities for the exclusive use of one side;
5) Other property that shall belong to one side.
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Under normal circumstances, personal property before marriage is owned by each individual, and joint property after marriage is divided according to law.
Definition of community property:
The property acquired by both spouses or one of the spouses during the existence of the marital relationship is called the joint property of the husband and wife, and is jointly owned and disposed of by the husband and wife. The joint property of the husband and wife mainly includes the following property:
1) Salaries, bonuses, allowances, and other wage income of both spouses or one of the spouses;
2) Income from the production or business operations of both husband and wife or one of them;
3) Proceeds received by either spouse or one of the spouses through their intellectual property rights. refers to the property gains actually obtained or can be obtained during the existence of the marital relationship between husband and wife;
4) Property inherited or donated by both spouses or one of the spouses, except for property that is determined in the will or gift contract to belong to only one of the husband or wife;
5) Other property that shall be jointly owned by the husband and wife, mainly refers to:
1) The income obtained by one of the spouses from the investment of personal property during the existence of the marital relationship;
2) Housing subsidies and housing provident funds actually obtained or should be obtained by both men and women during the existence of the marital relationship;
3) During the existence of the marital relationship, the pension insurance and bankruptcy settlement compensation actually obtained or should be obtained by both men and women.
Husband and wife have equal rights to dispose of and dispose of the above-mentioned property jointly owned by the husband and wife, and there are two meanings here, the first meaning is that the husband or wife has equal rights in handling the joint property of the husband and wife. Either party has the right to decide on the disposition of the joint property of the husband and wife for the needs of daily life; The second meaning is that the husband or wife should negotiate on an equal footing and reach a consensus when making important decisions on the disposition of the joint property of the husband and wife not for the needs of daily life. Where others have reason to believe that it is an expression of the common will of the husband and wife, the other party must not oppose the bona fide third party on the grounds that they do not agree or do not know.
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Basically, it's unlikely.
Unless: the other party agrees to renounce the marital property.
The property available for enforcement is equal to the maintenance fee.
The property available for enforcement is pre-marital property.
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30 days.
Legal basis: Article 1077 of the Civil Code of the People's Republic of China provides that within 30 days from the date of receipt of the application for divorce registration by the marriage registration authority, if either party is unwilling to divorce, he or she may withdraw the application for divorce registration from the marriage registration authority. >>>More