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If, after the divorce, it is discovered that there is still property in common with the husband and wife that has not been disposed of, and a lawsuit is filed with the people's court requesting division, upon examination, the property is indeed the joint property of the husband and wife that was not involved at the time of the divorce, and the people's court shall divide it in accordance with law. If, after the divorce, it is discovered that the other party has hidden, transferred, sold or damaged the joint property of the husband and wife during the divorce, or forged debts in an attempt to encroach on the property of the other party, the statute of limitations for requesting the redivision of the joint property of the husband and wife shall be two years, starting from the day after the party discovers it.
According to the Marriage Law of the People's Republic of China:
Article 47: At the time of divorce, where one party conceals, transfers, sells, or destroys the property jointly owned by the husband and wife, or falsifies debts in an attempt to encroach on the property of the other party, when dividing the joint property of the husband and wife, the party who conceals, transfers, sells, or destroys the joint property of the husband and wife or falsifies debts may receive a smaller share 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.
People's courts are to sanction conduct that obstructs civil litigation as provided for in the preceding paragraph in accordance with the provisions of the Civil Procedure Law.
According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (Fa Shi 2001 No. 30).
Article 31: The statute of limitations for parties initiating litigation in the people's courts in accordance with article 47 of the Marriage Law requesting that the joint property of the husband and wife be divided again is two years, calculated from the day after the parties discover it.
According to the Interpretation (III) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (Fa Shi 2011 No. 18).
Article 18: Where, after a divorce, one party files a lawsuit with the people's court requesting division on the grounds that there is still property in common with the husband and wife that has not been disposed of, upon review the property is truly the joint property of the husband and wife that was not involved at the time of the divorce, and the people's court shall divide it in accordance with law.
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Was there no divorce at the time? If they are not separated, they may agree or sue for divorce to divide the joint property.
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During the marriage, the income of the other party is the joint property of the husband and wife.
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Yes, divorce refers to the legal act of dissolving the marital relationship and terminating the rights and obligations of the husband and wife through agreement or litigation. Those who do not have children at the time of divorce may only distribute their property, and attention shall be paid to the following principles in the division of joint property of husband and wife: 1. Adhere to the principle of equality between men and women. 2. Adhere to the principle of taking care of the interests of the woman.
Article 1087 of the Civil Code of the People's Republic of China In the event of 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 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 trouser friend's children, the woman, and the innocent party. The rights and interests enjoyed by the husband Hu Yuan or his wife in the contracting and operation of land at home shall be protected in accordance with law.
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Legal analysis: Yes, divorce refers to the legal act of dissolving the marital relationship and terminating the rights and obligations between the husband and wife through agreement or litigation. If there are no children at the time of divorce, only the property may be distributed, and the following principles shall be paid attention to in the division of the joint property of the husband and wife:
1. Adhere to the principle of equality between men and women. 2. Qing Zhi adheres to the principle of taking care of the woman's profit and failure.
Legal basis: Article 1087 of the Civil Code of the People's Republic of China In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If the procuratorate fails to reach a consensus, 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 party who is not at fault.
The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.
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Summary. Hello, there are no children at the time of divorce, only property needs to be divided, you can consider the following steps: make a list of the property, and make a detailed list of the property of both spouses, including real estate, vehicles, bank deposits, investments, etc.
Make sure the list is as comprehensive as possible. Negotiate the division method and negotiate with the ex-spouse to reach an agreement as much as possible. The ownership and division ratio of each property item can be discussed.
If an agreement can be reached, it is recommended that the agreement be signed and reviewed by a lawyer. [Compare hearts].
Hello, there are no children at the time of divorce, only property needs to be distracted, you can consider the following steps: make a list of property, list the property of both husband and wife in detail, including real estate, vehicles, bank deposits, investments, etc. Make sure the list is as comprehensive as possible.
Negotiate the division method and negotiate with the ex-spouse to reach an agreement as much as possible. The ownership and division ratio of each property item can be discussed. If an agreement can be reached, it is recommended that the agreement be signed and reviewed by a lawyer.
Hello to the heart, in addition, we should also consider the principle of fairness, when negotiating the division, you can refer to the principle of fairness. This includes the economic contributions, property**, and appreciation of property during the marriage period. If the court intervenes and cannot reach an agreement on the division of the property, a lawsuit can be filed in the local court.
The court will judge the fairness and reasonableness of the division of property in accordance with the relevant laws and evidence. [as a slag rock].
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Legal Analysis: In the event of divorce, the joint property is divided according to the wishes of both parties. If it is not possible to divide by agreement, the court will divide it according to law, and in this case, the division will generally be carried out in accordance with the principle of equal division of the family, and appropriate consideration will be given to the contribution of both parties to the property, as well as the consideration of the rights and interests of women and children.
Items that belong to the exclusive use of the individual are generally owned by the individual.
Legal basis: Civil Code of the People's Republic of China
Article 1062 The following property acquired by husband and wife during the existence of their marital 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) income from 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.
Article 1063 The following property shall be the personal property of one of the husband and wife:
1) the pre-marital property of one of the parties;
2) Compensation or compensation for personal injury suffered by one party;
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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1. The scope of the joint property of the husband and wife.
Article 17 of the Marriage Law stipulates that "the following property acquired by a husband and wife during the existence of a marriage 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.
2. Equal division of property after marriage.
1) According to the laws of our country, the following property belongs to pre-marital personal property:
1) The property owned by the husband and wife before marriage, including the income from personal labor, inherited or donated property, and other legal income. It also includes property acquired by each of them for the purpose of the marriage before the marriage;
2) Medical expenses and subsidies for returning to the hometown for production brought back by demobilized and demobilized servicemen, as well as demobilization expenses and transfer expenses for servicemen who have lived together for a short time after marriage;
3) Clothing, daily necessities and professional items used by the husband and wife at the time of divorce. Except, of course, valuables;
4) property acquired after marriage that is inseparable from personal status at the time of divorce, and intellectual property rights that have not been economically benefited;
5) The agreement between the husband and wife on property is binding on both parties. It includes legal written agreements and oral agreements that are recognized by both parties as personal property.
2) Pre-marital property belongs to individuals.
Hello, I suggest that you try to negotiate and consider carefully. If you really want to file for divorce, the key is the collection of evidence and the use of procedures.
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