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If the husband and wife have not agreed on the property acquired during the marriage and the property before the marriage, the property acquired after the marriage (except for property determined in the will or gift contract to belong only to the husband or wife) is the joint property of the husband and wife.
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 17 The following property acquired by husband and wife during the existence of their marital relationship shall be jointly owned by the husband and wife:
1) Wages and bonuses;
2) the income from production and operation;
3) income from intellectual property rights;
4) Property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law;
5) Other property that shall be jointly owned.
Husbands and wives have equal rights to dispose of jointly owned property.
Article 18: In any of the following circumstances, it is the property of one of the husband and wife:
1) the pre-marital property of one of the parties;
2) Medical expenses, living allowances for the disabled, and other expenses received by one party as a result of bodily injury;
3) Property that is determined in the will or gift contract to belong to only one of the husband or wife;
4) Daily necessities for the exclusive use of one side;
5) Other property that shall belong to one side.
Article 19: Husband and wife may agree that property acquired during the existence of the marital relationship and property before marriage shall be owned separately or jointly, or partly separately or partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is unclear, the provisions of articles 17 and 18 of this Law apply.
The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is binding on both parties.
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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Do you understand marriage law? Whoever owns the prenuptial property registration belongs to whomever it is, unless the other party agrees to give you a portion. I really don't want to say that getting married is faster than playing with a family, and no one who has achieved a little bit now will want second-hand goods.
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If there is joint property between the husband and wife after marriage, the two parties shall agree to deal with it, and if the agreement is not reached, the court shall make a judgment on the basis of the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman.
See: Article 39 of the Marriage Law In the event of 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.
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According to Article 17 of the Marriage Law, the following property acquired by the husband and wife during the existence of the marital relationship shall be jointly owned by the husband and wife: (1) wages and bonuses; 2) the income from production and operation; 3) income from intellectual property rights; 4) Property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law; 5) Other property that shall be jointly owned. Husbands and wives have equal rights to dispose of jointly owned property.
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Both parties have equal property rights in the case of joint property.
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In the event of a divorce, the parties may only divide the property that was jointly owned by the parties during the marriage. According to Article 17 of the Marriage Law, the following property acquired by the husband and wife during the existence of the marital relationship shall be jointly owned by the husband and wife: (1) wages and bonuses; 2) the income from production and operation; 3) income from intellectual property rights; 4) Property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law; 5) Other property that shall be jointly owned.
Husbands and wives have equal rights to dispose of jointly owned property.
In other words, if the "real estate" and "car" mentioned by the parties belong to the joint property of both parties, then the parties can divide it equally at the time of divorce. If it belongs to one of the parties before the marriage, then it cannot be divided, which has nothing to do with the length of the marriage between the parties.
At the same time, if the parties cannot negotiate the division of property at the time of divorce, they can choose to sue. According to Article 39 of the Marriage Law, in the event of 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.
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If it is purchased after marriage, she has some rights and interests, and it has nothing to do with her before marriage.
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Probably not, this is a fraudulent marriage.
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It takes three years for this to be considered the joint property of the husband and wife.
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